Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.021
LIABILITY OF CERTAIN GUARANTORS UNDER LEASE.
Operative Text
Sec. 92.021. LIABILITY OF CERTAIN GUARANTORS UNDER LEASE. (a) A person other than a tenant who guarantees a lease is liable only for the original lease term except that a person may specify that the person agrees to guarantee a renewal of the lease as provided by Subsection (b).(b) A person may specify in writing in an original lease that the person will guarantee a renewal of the lease only if the original lease states:(1) the last date, as specified by the guarantor, on which the renewal of the lease will renew the obligation of the guarantor;(2) that the guarantor is liable under a renewal of the lease that occurs on or before that date; and(3) that the guarantor is liable under a renewal of the lease only if the renewal:(A) involves the same parties as the original lease; and(B) does not increase the guarantor's potential financial obligation for rent that existed under the original lease.(c) Subsection (b) does not prohibit a guarantor from voluntarily entering into an agreement at the time of the renewal of a lease, in a separate written document, to guarantee an increased amount of rent.(d) This section does not release a guarantor from the obligations of the guarantor under the terms of the original lease or a valid renewal for costs and damages owed to the lessor that arise after the date specified by the guarantor in the original lease in accordance with Subsection (b), if the costs or damages relate to actions of the tenant before that date or arise as a result of the tenant refusing to vacate the leased premises. Added by Acts 2009, 81st Leg., R.S., Ch. 601 (H.B. 534), Sec. 1, eff. January 1, 2010.
Under Texas Property Code § 92.021, a lease guarantor — someone who is not the tenant but agrees to back the lease financially — is generally responsible only for the duration of the original lease term. If a guarantor wants to extend that responsibility to a renewal, the original lease must spell out specific conditions in writing, including an end date for the guaranty, a requirement that the same parties remain on the lease, and a prohibition on increasing the guarantor's financial exposure for rent. Even after a guaranty period ends, a guarantor may still owe costs or damages tied to the tenant's actions that occurred before that cutoff date, or that result from the tenant refusing to vacate.
Plain English — not legal advice.
Property owners and managers relying on a lease guaranty under § 92.021 should ensure that any guaranty extending into a renewal period is documented in the original lease with all required elements: a clear end date chosen by the guarantor, confirmation that the same parties are involved, and no increase in the guarantor's rent obligation. Operators generally do not assume a guaranty automatically carries over into a renewed lease without this written framework. If a landlord seeks a guaranty for a higher rent amount at renewal, § 92.021(c) allows that only through a separate written agreement signed at the time of renewal.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
For tenants whose leases involve a third-party guarantor, § 92.021 establishes that the guarantor's liability is limited by default to the original lease term, which can affect the financial backing available to a landlord during a renewal. Tenants should be aware that a guarantor's obligations may persist beyond their stated end date if damages or costs relate to the tenant's conduct before that date or stem from the tenant refusing to leave the premises. Tenants with questions about how a guaranty arrangement affects their lease situation can consult a tenant-rights organization or legal aid service familiar with Texas property law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
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