Must a lease guaranty be in writing in Texas?

Yes. Texas Business & Commerce Code §26.01 provides that a promise to answer for the debt, default or miscarriage of another person is not enforceable unless it, or a memorandum of it, is in writing and signed by the person to be charged or someone lawfully authorized to sign for them. Get the guarantor's actual signature before the tenant moves in.

What is the difference between a guarantor and a co-signer?

Generally, a guarantor is a backup: not a tenant, with no right to live at the property, liable under a separate guaranty if the tenant defaults. A co-signer or co-tenant signs the lease itself and is a party to it. The labels vary by form, so read what the signed document actually makes the person — the wording controls, not the title.

Does a guarantor automatically cover a lease renewal?

Not automatically. Coverage for renewals, extensions or holdover depends on what the signed guaranty says. If the agreement is silent or limited to the original term, address the renewal in writing before the new term starts.

Is there a special Texas guarantor form landlords must use?

No separate Texas landlord-tenant guarantor form or Chapter 92 notice requirement was verified for this page. The verified Texas rule is §26.01: written and signed. Beyond that, make the scope, any cap, the duration and the notice address explicit in the agreement itself.

Texas Lease Guarantor Agreement

A lease guarantor agreement is the separate signed promise by a third person — often a parent — to answer for a tenant's rent and lease obligations if the tenant defaults. In Texas that promise has one threshold rule: it must be in writing and signed by the guarantor to be enforceable.

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What it is

A guarantor agreement (guaranty) backs up a specific lease. The guarantor is not a tenant and does not live at the property; the guarantor's role is financial. That is different from a co-signer or co-tenant arrangement, where the extra signer is a party to the lease itself. Which structure you use, and exactly what the guarantor covers, is set by the signed documents.

When to use it

An applicant's income, credit or rental history is thin — for example a student or first-time renter — and a qualified third person offers to back the lease
The landlord's written screening policy allows approval with a guarantor, applied the same way to every applicant
A lease is being renewed or a roommate group is changing, and the parties want the guaranty addressed for the new term rather than assumed
A parent or relative is willing to guarantee the lease but will not be living at the property

What to include — checklist

Print this page to use the checklist on paper.

Full legal names of the landlord, every tenant, and the guarantor, exactly as they appear in the lease
The lease identified precisely: signing date, property address and unit number, and lease term
What the guarantor covers, stated item by item — rent only, or also late charges, damage, utilities and other lease amounts
Whether the guaranty has a stated maximum amount or covers the full obligations, said plainly rather than left vague
Duration: whether it covers only the original term, or also renewals, extensions and holdover — written out, not assumed
When the landlord may demand payment from the guarantor, and what notice the landlord will give the guarantor of a default, with the guarantor's current notice address
A statement that the guaranty is tied to the identified lease, and what happens if the tenant group or rent changes
The guarantor's signature and the date — the signature is what makes the promise enforceable in Texas
Landlord acceptance signature and date, with signed copies kept with the lease file for everyone who signed

Texas-specific requirements

Texas Business & Commerce Code §26.01: a promise by one person to answer for the debt, default or miscarriage of another person is not enforceable unless the promise or agreement, or a memorandum of it, is in writing and signed by the person to be charged (or someone lawfully authorized to sign for them). A lease guaranty is exactly that kind of promise — an oral guaranty is not enough.
No separate Texas landlord-tenant guarantor form or notice requirement in Texas Property Code Chapter 92 was verified for this page. Beyond the §26.01 writing-and-signature rule, the guaranty is contract mechanics: its scope, cap and duration are whatever the signed agreement actually says.
Read the guaranty for renewals. Whether a guarantor stays on the hook for a renewed or extended term depends on the signed wording — a guaranty written for the original term only does not automatically describe a renewal.
Keep the guaranty with the lease it backs. If the lease is later changed by addendum — new roommate, new rent, new term — check whether the guaranty, as written, still matches the lease it was meant to secure.

Statute references are included only where verified for this pilot. Where a rule depends on your lease or local court, the page says so instead of guessing.

Common mistakes

Relying on a parent's verbal promise or a text message assurance instead of a signed written guaranty under §26.01
Collecting a guaranty form the guarantor never actually signed — the signature is the enforceability point, not a formality
Leaving the scope vague ('guarantees the lease') so rent, damage and fees are argued about only after a default
Saying nothing about renewals, then assuming the guarantor covers a new term the signed agreement never mentioned
Confusing a guarantor with a co-tenant: a guarantor does not get possession, and a co-tenant is liable as a tenant, not as backup
Using a stale notice address, so default notices to the guarantor go nowhere and the delay becomes part of the dispute

Where landlords get this form

These providers publish Texas-specific landlord forms and document tools, including lease guarantor agreements. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.

Provider	Best described as	What to check before you buy
LawDepot	DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's landlord forms	Whether the Texas version is included in a free trial, subscription, or single-document price.
ezLandlordForms	Landlord-focused forms library built specifically around rentals, screening and state lease packages.	Whether you need a single form or its Texas state package, and what updates are included.
Rocket Lawyer	Document builder bundled with membership options that can include attorney Q&A services.	What the membership includes after any trial, and how cancellation works.
LegalZoom	Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents.	Whether the exact landlord form you need is offered for Texas, versus a business product.

Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.

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Frequently asked questions

Must a lease guaranty be in writing in Texas?: Yes. Texas Business & Commerce Code §26.01 provides that a promise to answer for the debt, default or miscarriage of another person is not enforceable unless it, or a memorandum of it, is in writing and signed by the person to be charged or someone lawfully authorized to sign for them. Get the guarantor's actual signature before the tenant moves in.
What is the difference between a guarantor and a co-signer?: Generally, a guarantor is a backup: not a tenant, with no right to live at the property, liable under a separate guaranty if the tenant defaults. A co-signer or co-tenant signs the lease itself and is a party to it. The labels vary by form, so read what the signed document actually makes the person — the wording controls, not the title.
Does a guarantor automatically cover a lease renewal?: Not automatically. Coverage for renewals, extensions or holdover depends on what the signed guaranty says. If the agreement is silent or limited to the original term, address the renewal in writing before the new term starts.
Is there a special Texas guarantor form landlords must use?: No separate Texas landlord-tenant guarantor form or Chapter 92 notice requirement was verified for this page. The verified Texas rule is §26.01: written and signed. Beyond that, make the scope, any cap, the duration and the notice address explicit in the agreement itself.