Don’t Overlook These Forms Changes
Of the forms revised or created to comply with new rules from the NAR compensation lawsuit settlement, several are commonly used in leasing transactions and property management. See the article on page 18 for more information about the following forms:
Revised forms
- Residential Real Estate Listing Agreement, Exclusive Right to Lease (TXR 1102)
- Residential Buyer/Tenant Representation Agreement – Long Form (TXR 1501)
- Residential Leasing and Property Management Agreement (TXR 2201)
- Compensation Agreement Between Broker and Owner (updated name) (TXR 2401)
- Compensation Agreement Between Brokers (updated name) (TXR 2402)
- Referral Agreement Between Brokers (TXR 2405)
New form
- Residential Buyer/Tenant Representation Agreement – Short Form (TXR 1507)
Texas REALTORS®, with input from the Leasing and Property Management Forms Task Force, adopted changes to several Texas REALTORS® forms, adopted new forms, and removed forms. Changes were effective May 15. A second phase of updates to leasing and property management forms will include the Property Management Agreement and Residential Lease.
Revised Forms
Residential Lease Application (TXR 2003)
- Labeled paragraphs for ease of use
- Reformatted to allow for easy identification of applicant information
- Added area to identify co-applicant(s) and relationship to applicant
- Added text message consent question
- Clarified REALTOR® representation and marketing question
- Clarified vehicles section should include any and all and added parking disclaimer
- Added vaping to smoking question
- Clarified Authorization Paragraph.
Animal Agreement (TXR 2004)
- Clarified expectation that assistance animals are still to be reported to landlord
- Added bolded note about misrepresentation of assistance animals per Texas Human Resources Code 121.006
- Clarified expectations for animals on property
- Clarified Consideration Paragraph to account for various scenarios
- Reworded tenant’s liability for property damage
- Clarified Default Paragraph to include immediate removal of animal.
Residential Lease Inventory and Condition Form (TXR 2006)
- Reformatted for ease of use
- Replaced “master bedroom” with “primary bedroom”
- Replaced “drapes, blinds, shutters” with “window coverings” to maximize information provided
- Added blanks for “gate keys” and “other” in Section R. Number of Keys.
Residential Lease Guaranty (TXR 2007)
- Changed “pet” to “animal” for consistency among all Texas REALTORS® forms
- Clarified that name listed should match what is listed on proof of ID
- Replaced phones/pager with simply “phone” and “alternate phone”
- Removed height, weight, hair color, and eye color
- Added “relationship to tenant” line.
Residential Lease Amendment (TXR 2014)
- Added additional space for both landlord and tenant names
- Clarified Section C. Occupants; it now states that occupants are amended as follows with both “add” and “remove” sections
- Added instructional note on occupant changes versus tenant changes
- Switched landlord and tenant information boxes to correspond with signature boxes below
Addendum Regarding Rental Flood Disclosure (TXR 2015)
- Added informational notice at top of page for proper form usage.
Tenant and Occupant Information (TXR 2016)
- Slight reformatting
- Clarified that full legal name must be used
- Removed “age” space, as date of birth is already requested
- Added “ID number” for alternative to license number
- Removed marital status question
- Clarified locations for tenant versus occupant information.
Notice to Vacate (TXR 2208)
- Added note for B(2) effective date to ensure compliance with Property Code
- Moved disclaimers around, added note under B(2) effective date
- Added note to clarify for alternate means of delivery per Property Code 24.005(f-1).
Lease Amendment Concerning Tenant Change (TXR 2211)
- Replaced “pet” with “animal” for consistency among all forms
- Clarified Section B to account for any and all deposits.
Itemization of Security Deposit (TXR 2216)
- Replaced “pet” with “animal” for consistency among all forms
- Clarified security deposit inclusions
- Added extra space for “Other” section.
Response to Request for Assistance Animal (TXR 2225)
- Replaced “pet” with “animal” for consistency among all forms
- Changed animals “in” the property to animals “on” the property to include all areas of the property
- Moved landlord signature line to left for consistency among forms.
General Information for Landlord Regarding Assistance Animals (TXR 2226)
- Added information to definitions of assistance animals for clarity
- Replaced “pet” with “animal” for consistency among all forms
Notice of Termination Due to Casualty Loss (TXR 2229)
- Included reasonableness standard for removing items from property
New Forms
Notice of Late Rent Breach of Lease (TXR 2230)
- Designed to be used by a property manager or landlord to notify a tenant of the tenant’s financial breach of lease (i.e., failure to timely pay rent, notice of unpaid rent, or a payment that has been returned unpaid by the institution on which it was drawn). Though not required, this form gives the tenant an opportunity to cure the breach and is therefore not to be used as a notice terminating the tenant’s right to occupy the property. Designed to be used in conjunction with Notice to Vacate (TXR 2208) to satisfy requirements of Texas Property Code Chapter 24.
Notice of Non-Rent Breach of Lease (TXR 2231)
- Designed to be used by property manager or landlord to notify a tenant of the tenant’s breach of any other provision of the lease (not financial). Though not required, this form gives the tenant an opportunity to cure the listed breach and is therefore not to be used as a notice terminating tenant’s right to occupy the property. To satisfy the requirements of Texas Property Code Chapter 24, this form should be used in conjunction with Notice to Vacate (TXR 2208).
Removed Forms
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Late Notice or Notice of Other Breach of Lease (TXR 2231)
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COVID-19 Lease Plan Payment Agreement (TXR 2227)