The Texas Real Estate Commission (TREC) and Texas REALTORS® are implementing significant updates to residential and leasing forms effective January 2026. These changes reflect new legal requirements, enhance clarity, and streamline transactions for Texas real estate professionals.
Key Benefits
Legal Compliance: Updated forms ensure compliance with new Texas laws effective January 1, 2026
Enhanced Clarity: Revised language throughout forms improves understanding for all parties
Streamlined Transactions: Better organization of information speeds up processing
New Protections: Additional provisions protect brokers and clarify relationships
Improved Organization: Renumbered paragraphs and consolidated sections for easier navigation
Modern Requirements: Updates reflect current real estate practices and technology
Overview of Changes
The January 2026 updates include:
Revised Forms: 16 existing forms with updates ranging from minor formatting to major reorganization
New Forms: 3 brand new forms to address emerging needs
Retired Forms: 1 form being retired as it's no longer utilized
Residential Forms Revisions
Residential Real Estate Listing Agreement Exclusive Right to Sell (TXR 1101)
Key Changes:
Subagent Reference Removed: Reference to subagent removed in Section 5A
Related Party Definition Added: New definition clarifies what constitutes a "related party"
Protection Period Enhancement: New paragraph prohibits related parties from selling the property during the protection period without compensating the broker
T-47.1 Declaration Option: Added as an option in Section 19D
Impact: These changes provide stronger protection for listing brokers and clarify family/related party transactions.
Residential Real Estate Listing Agreement Exclusive Right to Lease (TXR 1102)
Key Changes:
Subagent Reference Removed: Reference to subagent removed in Section 5A
Broker Compensation Update: Revised Paragraph 5 to comply with new TREC housekeeping law (effective January 1, 2026)
Fair Credit Reporting Act Notice: Added notice to ensure awareness of requirements for obtaining credit reports
Form Number References: Added form numbers in Paragraph 19 for easy identification of Texas REALTORS® forms
Insurance Requirements: New paragraph addresses insurance requirements
Subletting/Assignment Fees Removed: References removed to conform with updated Lease
Impact: Brings leasing agreements in line with new legal requirements and modern leasing practices.
Farm and Ranch Real Estate Listing Agreement Exclusive Right to Sell (TXR 1201)
Key Changes:
Subagent Reference Removed: Reference to subagent removed in Section 5A
Related Party Definition Added: New definition clarifies what constitutes a "related party"
Protection Period Enhancement: New paragraph prohibits related parties from selling the property during the protection period without compensating the broker
Impact: Farm and ranch listings now have the same protections as residential listings.
Condominium Addendum (TXR 1401)
Key Changes:
Terminology Update: Changed the term "unit" to "property" throughout the document
Impact: Creates consistency with other forms and broader applicability.
Amendment to Listing (TXR 1404)
Key Changes:
Subagent Reference Removed: Reference to subagent removed in Section D
Impact: Aligns with changes across all listing agreements.
Information About On-Site Sewer Facility (TXR 1407)
Key Changes:
Updated Information Source: Paragraph D updated with current date and source for wastewater usage rates
Impact: Ensures accurate, current information for buyers.
Buyer/Tenant Representation Agreement – Long Form (TXR 1501)
Key Changes:
Title Change: "Residential" removed from title to allow use in more transaction types
Optional Retainer: New provision allows for optional retainer payment to broker
Related Party Definition: New definition added
Senate Bill 17 Notice: New additional notice regarding changes to Texas law following passage of SB 17 relating to foreign acquisition of real property interests
Impact: Provides greater flexibility and addresses new legal requirements for foreign buyers.
Termination of Buyer/Tenant Representation Agreement (TXR 1503)
Key Changes:
Signature Emphasis: Language added to emphasize both parties must sign the termination agreement
Termination Fee Clarification: Clearer language about termination fees
Protection Period Reorganization: Moved to separate paragraph with "related party" definition added
Surviving Provisions: Clarifies that certain provisions survive termination
Impact: Reduces confusion and disputes during representation termination.
General Information and Notice to Consumers (TXR 1506)
Key Changes:
Tenant-Specific Provisions: Additional provisions specifically applicable to tenants
Enhanced Clarity: Modified language throughout for better understanding
Impact: Better serves both buyers and tenants with targeted information.
Notice of Withdrawal of Offer (TXR 1945)
Key Changes:
Formatting Changes Only: No substantive changes, only formatting improvements
Impact: Easier to read and process.
Buying Your Home: Settlement Costs and Helpful Information (HUD Form) (TXR 2512)
Status:
RETIRED: This form is being retired as it is no longer being utilized
Impact: Removes outdated form from circulation.
New Residential Forms
Unrepresented Customer Showing Form (TXR 1508)
Purpose: Can be used for non-agency showings to prospective buyers of residential property
When to Use:
Showing properties to unrepresented buyers
Documenting non-agency relationships
Protecting brokers during property showings
Benefits: Clarifies the non-agency nature of the relationship and protects all parties.
Residential Contract Critical Date List (TXR 1958)
Purpose: Informational form to list important dates and deadlines from the residential one-to-four family contract
When to Use:
After contract execution
For transaction tracking
To ensure no deadlines are missed
Benefits: Provides a clear, organized reference for all critical contract dates.
Leasing & Property Management Forms Revisions
Residential Lease Application (TXR 2003)
Key Changes:
Foreign Buyers and Renters Law: New paragraph regarding law effective September 1, 2025 alerts applicants to seek attorney advice if law applies
Fair Credit Reporting Act Notice: Added to ensure awareness of credit report requirements
Impact: Ensures compliance with new foreign ownership restrictions.
Animal Addendum (TXR 2004)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Impact: Maintains consistency with updated lease form.
Extension of Residential Lease (TXR 2005)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Impact: Ensures accuracy when extending leases.
Residential Lease Amendment (TXR 2014)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Contact Information Updated: Updated to match revised Lease
Impact: Maintains accuracy in lease modifications.
Addendum Regarding Fee in Lieu of Security Deposit (TXR 2018)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Impact: Aligns with new security deposit provisions.
Residential Leasing and Property Management Agreement (TXR 2201)
Key Changes:
Subagency Reference Removed: Removed from Paragraph 15 "Cooperation With Other Brokers" to comply with new TREC housekeeping law
Duplicative Language Fixed: Corrected in Paragraph 22
Impact: Cleaner, more accurate property management agreements.
Lease Amendment Concerning Tenant Change (TXR 2211)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Impact: Maintains accuracy when changing tenants.
Itemization of Security Deposit (TXR 2216)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Impact: Ensures proper security deposit accounting.
Notice of Termination Due to Casualty Loss (TXR 2229)
Key Changes:
Required Days Updated: Updated the required number of days to wait for repairs to begin for ease of use
Impact: More practical timeframes for casualty situations.
Notice of Late Rent Breach of Lease (TXR 2230)
Key Changes:
Paragraph Reference Updated: Updated to match revised Lease
Impact: Maintains accuracy in late rent notices.
Residential Lease Sight Unseen Addendum (TXR 2017)
Status:
REMOVED: This form has been removed as the language is already included in the updated Lease
Impact: Eliminates redundancy.
Major Residential Lease Overhaul (TXR 2001)
The Residential Lease has undergone the most extensive revision with significant reorganization and updates.
General Changes
Extensive Renumbering: Paragraphs have been renumbered throughout the document
Better Organization: Related information consolidated for easier reference
Enhanced Clarity: Improved wording throughout
Paragraph 1: Parties
Previous: Occupants listed in Paragraph 12
Now: Occupants moved to Paragraph 1
Changes:
Changed "ages of Occupant(s)" to "DOB of Occupant(s)"
Defined "Tenant" and "Occupant"
Impact: Critical information now appears on the first page.
Paragraph 3: Lease Term and Rent
Title Change: Reworded to "Lease Term and Rent"
Major Updates:
Written Notice Clause: Added details for when written notice of termination is due during Primary Term
Streamlined Amounts: Only includes Monthly Rent, Prorated Rent, Late Fees, and Security Deposit on page 1
Additional Monthly Fees: New clause for recurring fees (e.g., monthly animal fee)
Late Fee Options: Added blank for late fees in 3(D)(2) to include both dollar amount AND percentage
Security Deposit Date Options: Now includes checkboxes for "on or before execution" OR specific date prior to execution
Reorganized Clauses: Restructured for better understanding
Impact: All key financial information appears on page 1 for easy reference.
Paragraph 4: Rent & Payment Details
Title: Now titled "Rent & Payment Details"
What's Included:
Time of payment
Place of payment
Method of payment
Rent increases
Late fees and late payment details
Returned payment
Application of funds
Delay of occupancy
Consolidated From:
Previous Paragraph 6: Late Charges
Previous Paragraph 7: Returned Payment
Previous Paragraph 8: Application of Funds
Impact: All payment-related details consolidated on page 2 for convenience.
Paragraph 5: Automatic Renewal and Notice of Termination
Previous: Paragraph 4
Changes:
Removed confusing and duplicative language
Impact: Clearer understanding of renewal and termination requirements.
Paragraph 7: Security Deposit Details
Changes:
Renamed to "Security Deposit Details"
Reformatted for easier reading
Wear and Tear Definition: Added definition as defined in Texas Property Code
Consolidated Charges: Consolidated list of potential reasonable charges
Impact: Clear understanding of security deposit rules and expectations.
Paragraph 9: Use and Occupancy
Previous: Paragraph 12
Changes:
Clarified "Guest" language
Impact: Better definition of who can occupy the property.
Paragraph 13: Move-Out
Previous: Paragraph 16
Changes:
Updated (A) Move-Out Condition to reflect that property should be surrendered in clean condition
Impact: Clear expectations for move-out condition.
Paragraph 14: Property Maintenance
Previous: Paragraph 17
Changes:
Water Softeners Added: Added to tenant's responsibility list in (A)(13)
Yard Maintenance Updates in (B):
Removed reference to "common areas" maintained by owner's association
Now simply refers to any areas maintained by owner's association
Tree Trimming Excluded: Added clause to exclude tree trimming from Yard Maintenance for safety
All yard references now mean only yard as defined in B(1)
Impact: Clearer maintenance responsibilities and safety considerations.
Paragraph 15: Repairs
Previous: Paragraph 18
Changes:
Added clause to (A) Repair Requests acknowledging that some local ordinances may determine HVAC is an emergency repair
Impact: Accounts for varying local requirements.
Paragraph 21: Subordination
Previous: Paragraph 24
Changes:
Included summary of PTFA (Protecting Tenants at Foreclosure Act)
Impact: Better understanding of tenant rights during foreclosure.
Paragraph 25: Early Termination
Previous: Paragraph 28
Changes:
Added reference to Early Termination of Residential Lease TXR 2012 as an alternative agreement
Assignment/Subletting Removed: All references removed (potential new form to be drafted for this purpose)
Impact: Clearer early termination process; assignment/subletting to be addressed separately.
Paragraph 28: Addenda
Previous: Paragraph 31
Changes:
Added TXR form numbers for easy reference
Removed forms not available through Texas REALTORS®
Added additional blank lines for brokerage-specific documents
Impact: Better organization and flexibility.
Paragraph 29: Notices
Previous: Paragraph 32
Changes:
Strengthened Wording: Updated to comply with SB 38 (effective January 1, 2026) allowing notices via email if parties agree in writing
Fax Removed: Removed fax and blanks for alternative modes of communication
Impact: Modernized notice delivery methods.
Paragraph 31: Information
Previous: Paragraph 34
Changes:
Added option for landlord to require tenant to obtain and maintain liability insurance of a certain amount in 31(I)
Impact: Additional risk management option for landlords.
New Leasing & Property Management Form
Notice to Pay or Vacate
Purpose: Created to ensure compliance with new eviction reform law effective January 1, 2026
When to Use:
Before initiating eviction proceedings
When tenant is in default on rent payments
As required by new eviction reform law
Benefits: Ensures legal compliance with new eviction procedures.
Implementation Timeline
Effective Date: January 1, 2026
Action Items:
Review all revised forms before January 1, 2026
Update transaction management systems with new forms
Train team members on key changes
Remove retired forms from use
Begin using new forms on January 1, 2026
Key Legal Updates to Note
Senate Bill 17 (SB 17)
Relates to foreign acquisition of real property interests
Notice required in Buyer/Tenant Representation Agreement
Effective: Included in 2026 forms
Senate Bill 38 (SB 38)
Allows notices to be sent via email if parties agree in writing
Updated in Residential Lease Paragraph 29
Effective: January 1, 2026
TREC Housekeeping Law
Removes subagent references throughout forms
Updates broker compensation language
Effective: January 1, 2026
Eviction Reform Law
New requirements for eviction notices
Addressed by new Notice to Pay or Vacate form
Effective: January 1, 2026
Foreign Buyers and Renters Law
Notice required in Residential Lease Application
Effective: September 1, 2025
Best Practices
Before January 1, 2026
Review All Changes: Familiarize yourself with revised and new forms
Attend Training: Participate in any available training on the new forms
Update Systems: Ensure your transaction management software has the latest forms
Notify Clients: Inform active clients about upcoming changes if transactions span the transition
After January 1, 2026
Use Only New Forms: Do not use pre-2026 versions for new transactions
Double-Check Form Numbers: Verify you're using the correct version
Pay Special Attention: Focus on forms with major changes (especially TXR 2001 Residential Lease)
Consult Your Broker: When in doubt about changes, consult with your managing broker
Form-Specific Tips
For Listing Agreements:
Understand new "related party" definitions and protections
Explain protection period changes to sellers
For Buyer Representation:
Discuss optional retainer provisions with clients
Ensure foreign buyer clients understand SB 17 implications
For Residential Leases:
Take time to review the extensively reorganized lease
Note new paragraph numbers when referencing the lease
Understand consolidated payment information on pages 1-2
For Property Management:
Review updated maintenance responsibilities
Understand new insurance requirement options
Familiarize yourself with new Notice to Pay or Vacate form