Top 5 Things That Are Generally Missing from a Lease

If you have quickly run to the store because you have forgotten one or two (or many) items you need to complete that Michelin Star quality, amazing dinner you are hosting only to find after you have returned, you bought everything but those things; this blog is for you.  Imagine, however, instead of ingredients, it is a lease.  Leases only become important when you don’t do something or something you believe should be done isn’t.

 

After our years litigating Landlord-Tenant issues, here are the top 5 things that we find missing often to the detriment of one or both parties:

Top 5 Things That Are Generally Missing from a Lease

1. Unsigned Lease

An unsigned lease is one of the most critical oversights in rental agreements. Without signatures, the lease may not be legally enforceable, leaving both parties without clear protection.

Why It Matters: If a lease is unsigned, it can lead to disputes over the validity of the agreement and whether the terms are binding. This can be especially problematic in legal proceedings.

What to Include: Ensure that all parties sign the lease and date it. AND MOST IMPORTANTLY, make sure all parties have a signed copy.

2. No Language on Default and Consequences

Many leases fail to define what constitutes a default or what actions will be taken in the event of a default, leaving tenants and landlords uncertain about their rights and responsibilities.

Why It Matters: Without clear language, parties may have different interpretations of what qualifies as a default (e.g., late rent, property damage) and what remedies are available.

What to Include: Specify what constitutes a default, such as nonpayment of rent or violation of lease terms, and outline the steps the landlord can take, including notices, penalties, or eviction procedures. 

Under Texas Law, the biggest cause of default is non-payment of rent.  Rent is an absolute covenant. Without paying rent Texas residents lose all of their rights and remedies, and can end up with an eviction– even though they could have a legitimate claim against the Landlord.   

3. Maintenance and Repair According to Texas Property Code Section 92

In Texas, the Property Code Section 92 governs landlord and tenant responsibilities for maintenance and repairs. However, many leases either omit these details or fail to align with the code.  Furthermore Texas law specifies what has to be in a lease under Texas Property Code Section 92.056(g).  This statute is the law-it is not an option.  Make sure it is in the lease.

Why It Matters: Noncompliance with the Texas Property Code can result in legal disputes or financial liabilities for landlords. Tenants also need clarity on their responsibilities.

What to Include: Ensure the lease reflects the maintenance and repair responsibilities outlined in the Texas Property Code. For instance, landlords must repair conditions that materially affect health and safety, while tenants may need to properly notify the Landlord of maintenance conditions.  Which leads us to Number 4:

4. Notice Provisions

Leases often fail to specify how notices should be given or the timeframes required for various situations, such as terminating the lease or reporting maintenance issues.

Please note you technophiles:  Text messages or emails, unless specifically allowed by the lease, do NOT protect your rights under Texas Law.  Yup a wee bit behind on this one, but don’t have your cause die on the fact that “everybody” uses email or text.  Nope. Being indignant over the Byzantine Texas notice requirements is not a great way to stand in front of a court. Adhere to the lease (if present),but always follow the law and use written communication via snail mail. 

What to Include: Detail the required format (e.g., written or electronic if allowed, or messages to a management portal), delivery method (e.g., certified mail), and timeframes for notices. For example, specify a 30-day notice period for terminating a lease.

5. Definition of a Guest and Length of Stay

Your significant other, your Grandma, and your penniless best friend may be important to you, but if they are NOT on the lease, they are a guest and subject to rules on how long and how many nights they can stay with you.

If you cannot live without Boo being curled up next to you, PUT THEM ON THE LEASE.  (ok a little emphatic, but please, please listen to this).

Many leases fail to define what constitutes a guest and how long they can stay before they are considered unauthorized occupants.  Unauthorized occupants can and will get you a trip before the Court if the Landlord lets you know that they need to go.  Also, you are responsible to your complex or house for your guest.  Personally responsible.  So if Boo hauls off and swats neighbor Crotchety Old Guy for his being in your guest’s supposed “parking space,” guess who gets the Notice to Vacate (Ok, I will tell you: most likely you).

Landlords, this applies to you also.  If you don’t want long term guests staying like they are residents, place this in your Lease and then you have a right to remove them.

What to Include: Define a guest (e.g., someone staying 6 consecutive days or 14 days in a month) and outline the process for requesting approval for extended stays. Clarify that unauthorized occupants may result in a lease violation.

Final Thoughts​

Don’t forget that your lease dictates how a disagreement between Landlord and Tenant resolves.  Either party can be facing an unpleasant outcome if certain terms are not in the Lease and the Court will decide what it can or cannot do about the situation.  Get these agreements up front.  READ your lease before you sign it.  Landlords, know what is in your lease before signing up a Tenant.  Forgetting or not caring about the lease language is like losing your cell phone.  Suddenly you realize how important it is to your lifestyle…

If you’re unsure about your lease’s completeness, consider consulting the experienced real estate litigation attorneys at Sprigg-Novak Law Firm to help ensure that your next stop at the lease store is productive.