Required Disclosures in a Texas Lease (2026 Checklist)

Updated 2026-07-01 · Reflects SB 38 (eff. Jan 1, 2026)

A compliant 2026 Texas lease carries five disclosure families: the written flood disclosure of §92.0135 (100-year floodplain status and 5-year flood history, with the statutory warning language), the federal lead-based-paint disclosure for pre-1978 housing (42 U.S.C. §4852d), ownership and management identification (§92.201), security-device and smoke-alarm provisions (§§92.151–92.170, §92.252), and the late-fee disclosure required by §92.019.

The flood disclosure (§92.0135)

At signing, the landlord must give a written notice stating whether the landlord is aware the dwelling is in a 100-year floodplain and whether it has flooded in the last five years — including the statutory language that the dwelling may still be susceptible to flooding, that FEMA's flood map is searchable by address at no cost, and that most tenant insurance doesn't cover flood loss. If the disclosure is missing or false and the tenant later suffers a substantial flood loss, the tenant may terminate and recover.

Lead paint (federal, pre-1978)

For housing built before 1978, federal law requires the EPA lead-based-paint disclosure form and the "Protect Your Family from Lead in Your Home" pamphlet before the lease binds. Penalties run per violation and are federal — this is the one disclosure you never skip on older stock.

The rest of the checklist

Ownership/management (§92.201): tenants are entitled to the owner's or manager's name and address. Security devices (§§92.151–92.170): keyless deadbolts, window latches, and the rekeying obligation after turnover. Smoke alarms (§92.252 et seq.): required installation and the tenant's duty not to disable. Late fee (§92.019): the fee must be stated in the lease to be chargeable at all.

Generate a Texas lease

SB 38-current lease with every required disclosure built in.

Frequently asked questions

Is a flood disclosure required even outside a floodplain?

Yes — the §92.0135 notice must be given either way; it discloses what the landlord is and isn't aware of, plus the statutory warnings.

What happens if I skip the lead disclosure?

Federal penalties up to five figures per violation, plus potential treble damages to an injured tenant. Pre-1978 property: always attach it.

Do disclosures have to be separate documents?

No — they can be lease clauses or addenda, as long as the statutory content (and for lead paint, the official form) is there and acknowledged.

Primary sources: Tex. Prop. Code ch. 92

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Legal information, not legal advice. LandLawKit is not a law firm. For advice about your specific situation, consult a Texas attorney.