Can a DIY landord use TREC lease contract?

Question

A realtor told me that since I am not a licensed realtor I cannot use the TREC lease for renting my house?

If I can use it does anyone have a link to the latest one?

Costin I. · Answer

@Luke H. - True or false - You must have a real estate license to use the forms posted on the Texas Real Estate Commission’s website?

False. TREC’s forms are public record, so they are available to anyone. However, the forms are primarily intended for use by real estate license holders, who are generally required to use these forms. [from https://www.texasrealestate.com/members/posts/who-can-use-trec-forms/]

The TAR on the other hand has both at the top of the form USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS IS NOT AUTHORIZED and in #34G - Copyright: If an active REALTOR@ member of the Texas Association of REALTORS@ does not negotiate this lease as a party or for one of the parties, with or without assistance by an active member of the State Bar of Texas, this lease is voidable at will by Tenant.

FYI - IMHO, the TAR one is better than the TREC one. So if you model one of your own, do it after the TAR form.

Jim Cummings · Answer

@Costin I., @Luke H..

I may be wrong on this and have checked the Texas Real Estate Commission (TREC) website www.trec.texas.gov . TREC does NOT have a Residential Lease in the the Forms offered on their site. I'm not sure why one is not offered. They do have Purchase & Sale Contracts as well as a number of Notices, but not a Lease form.

Most Texas REALTORS use either the Texas Association of REALTORS (TAR) Form or the Texas Association Of Apartments (TAA) Residential Lease Form.

Maybe the lack of a Standardized TREC Lease form is something you should bring to your local State Representative's attention.