Are tenants' agents entitled to receive a copy of the lease agreement?

November 01, 2017

Does the landlord’s agent have to give me a copy of the lease my client signed?

The TAR Residential Lease does not contain personal identifying information that would prohibit the landlord’s agent from providing a copy, so the landlord’s agent may not use this as a justification. However, nothing requires the landlord or the landlord’s agent to give you one.

You were right to ask the landlord’s agent first for a copy of the lease agreement. Because he refused, you could ask the tenant directly, because the landlord is required to give the tenant a copy if the tenant requests one. (Chapter 1101.652 (b)(28) of the Real Estate License Act allows TREC to take disciplinary action against a broker or salesperson who refuses to provide a copy of a document related to a transaction to a person who signed the document.)

Note that a commercial tenant also has a right to receive a copy of a lease from the landlord’s broker if the tenant signed the contract.