# Lease Addenda Red Flags in a New Austin Apartment Lease

> Concession repayment, RUBS, fees, renewal, early exit, military waiver, late fees, and the Texas flood notice: what to read before signing.

URL: https://newapartmentsaustin.com/guides/lease-addenda-red-flags/
Last-Modified: 2026-10-25

Guide · Guides

# Lease Addenda Red Flags in a New-Build Lease

Concession repayment, RUBS, fees, renewal, early exit, military waiver, late fees, and the Texas flood notice: the eight addenda to read before you sign.

Written by 

New Austin Apartment Team

[/about/#new-austin-apartment-team →](/about/#new-austin-apartment-team)

 · Reviewed by the team, Spirit Real Estate Group, LLC · Updated October 25, 2026 · 6 min read

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## Which addenda should you read before signing?

A new-build lease in Texas usually runs on a Texas Apartment Association (TAA) lease plus a stack of addenda, and the addenda are where cost and risk sit. On a building with a 10.8-week special, the board median on Oct 25, 2026, a single repayment clause can put several thousand dollars at stake if your plans change. If you read only eight pages before you sign, read these.

This is also why 

we read the addenda with you

[/ →](/)

 before any lease is signed. Here’s the checklist we use.

![Checklist graphic of eight lease addendum red flags](/images/content/checklist-graphic-of-eight-lease-addendum-red-flag.webp)

## The eight red flags

| Addendum | What to check | Why it matters |
| --- | --- | --- |
| 1. Concession or special | Value in dollars, how it’s applied, payback terms | Free rent may be owed back on early exit |
| 2. Utility / RUBS | Billing method, past bills, service charge | Water can add a monthly charge you didn’t plan for |
| 3. Required fees | Every required fee, per unit or per person | Fees sit outside rent; median $120.50 at 12 board buildings |
| 4. Renewal terms | Notice period, how renewal rent is set | Renewals price from base rent |
| 5. Early termination | Fee, notice, and whether the concession is repaid too | Two charges can stack |
| 6. Military clause | Notice and documents for early release | Your right to end the lease early under Texas law |
| 7. Late fees | Grace period, initial and daily fees | Texas caps late fees; check the stated amounts |
| 8. Flood disclosure | Floodplain status and flood history | Required at or before signing under §92.0135 |

## 1\. Concession repayment

The concession addendum says how the special is applied (upfront free months or a monthly credit) and what happens if you leave early. Many say the full concession is repaid on early termination, a lease break, or a skip. Some prorate it. A few have none. This is the clause to read twice; our guide to 

concession payback clauses

[/guides/concession-payback-clauses/ →](/guides/concession-payback-clauses/)

 shows the exposure by month.

## 2\. Utility billing and RUBS

If the property bills water, sewer, or trash, the utility addendum states the method: submeter or allocation (RUBS). Under PUCT rules (16 TAC Ch. 24), the property must disclose the allocation method and past bills, and the service charge on submetered water is capped at 9%. Ask for a recent average for your unit size.

## 3\. Required fees

The fee addendum lists required monthly fees such as tech packages, valet trash, pest control, and package lockers. Austin’s ordinance No. 20260528-045 requires owners of 50+ units to itemize fees and advertise rent plus required fees from Oct 1, 2026. Check that the addendum matches the fee sheet you were given. See 

required monthly fees

[/guides/required-monthly-fees-new-apartments/ →](/guides/required-monthly-fees-new-apartments/)

 for typical amounts.

## 4\. Renewal terms

Renewal clauses set the notice window and sometimes how a renewal offer is made. Renewals at new buildings price from base rent, not the discounted number, so year two can jump: about 26% at the median special and the same base. We show year two at 0% and +3% before you sign.

## 5\. Early termination

Some leases offer a buyout: a fee, often equal to one or two months of rent, plus notice. Read whether paying it also triggers concession repayment. If both apply, the cost of leaving early can be much higher than the buyout alone.

## 6\. Military clause

Texas Property Code §92.017 lets service members and certain dependents end a lease early in specific situations, such as permanent change of station orders. The lease’s military clause states the notice and documents required. If it applies to you, keep a copy of your orders with your lease.

## 7\. Late fees

Texas limits late fees to a reasonable amount and requires a grace period before they apply. The lease states the initial fee, any daily fee, and the grace period. Make sure autopay timing lines up with the due date.

## 8\. Flood disclosure

Texas Property Code §92.0135 (HB 531, effective Jan 1, 2022) requires a floodplain and flood-history notice at or before signing. SB 2349 (effective Sept 1, 2025) requires both parties to sign it; leases under 30 days are exempt. No board address was in FEMA’s 100-year floodplain on Oct 25, 2026. Two buildings, Cascades at Onion Creek and Lirica, sit in the FEMA 0.2% area. We point the notice out and read it with you.

> **Get the special in writing**
> 
> Before you sign, the special, its end date, and the minimum lease term should appear in the concession addendum. If it’s only in an email or a flyer, ask for it to be added.

## What we do at signing

We read the concession and fee addenda with you, check the utility method, and get the special noted in writing. If something later doesn’t match, such as the special missing from the ledger or a fee that wasn’t disclosed, we take it up with the community in writing and report back. You can see how we decode each special on 

specials decoded

[/apartment-specials/ →](/apartment-specials/)

.

See it on the board

Every new building priced on net effective, required fees, and year two, pulled every morning.

Open the New Build Board

[/new-construction-apartments/ →](/new-construction-apartments/)

Why it goes wrong

## Why the advertised price isn't what you'll pay

Problem 1

### Specials don't compare

10.8 weeks free was the board median on Oct 25, 2026. On 12 months that is about 21% off base, spread across the year.

Problem 2

### Fees sit outside the rent

Required fees ran $78-$228 a month at 12 board buildings (median $120.50), about $1,446 a year outside headline rent.

Problem 3

### Year two jumps

Renewals price from base rent. At the median special, year two is about 26% higher at the same base.

So we show net effective, true monthly, and year two on every building before you tour.

Straight answers

## Questions about this topic

Direct answer first, then the source and date. If your question isn't here, ask us on the form or by text.

### Does a Texas landlord have to tell me about flooding?

Yes. Texas Property Code §92.0135 (HB 531, effective Jan 1, 2022) requires a floodplain and flood-history notice at or before signing. Since SB 2349 took effect Sept 1, 2025, both parties sign it. Leases under 30 days are exempt.

### What is a concession repayment addendum?

A page that can require you to repay free rent if you leave early, break the lease, or skip. It's the most expensive addendum to miss on a deep special.

### What is a military waiver?

Texas law lets service members end a lease early in certain situations, such as receiving orders. Check the lease's military clause for the notice and documentation it requires.

### Can you guarantee a price or approval?

No. We confirm terms in writing before you sign, and the community sets price and approval.

Keep reading

## More guides on this topic

![Concession addendum page with a highlighted repayment clause](/images/featured/concession-addendum-page-with-a-highlighted-repaym.webp)

### Concession Payback Clauses: When You Owe Free Rent Back

Leave early and a concession addendum can require you to repay free rent. What triggers it, and how upfront vs. prorated specials change your exposure.

[Concession Payback Clauses: When You Owe Free Rent Back →](/guides/concession-payback-clauses/)

![Hands with a calculator and notebook at a sunlit desk in a new apartment](/images/featured/hands-with-a-calculator-and-notebook-at-a-sunlit-d.webp)

### How to Set an All-In Budget for a New Apartment

Turn a monthly budget into net effective plus fees plus utilities, then check move-in cash, 24-month totals, and year two before you tour.

[How to Set an All-In Budget for a New Apartment →](/guides/all-in-apartment-budget/)

The 60-second form

## Tell us what you need. We make the calls.

You don't have time to call 20 leasing offices. We do, and confirm the unit, the special, and the written fee sheet the same day during hours.

1.  1 Same day We call or text during hours with a shortlist plan.
2.  2 In writing Unit, special, end date, and fee sheet confirmed before you tour.
3.  3 Year two shown Every pick shows year two at 0% and +3%, plus a 24-month total.

Prefer to talk? 

Call or text 512-000-000

[tel:+1512000000 →](tel:+1512000000)

, Mon-Fri 8 AM-8 PM · Sat 9 AM-6 PM · Sun 12-5 PM.

Free, same day during hours

## Get my shortlist

Step 1 of 3

### Thanks, we have your details.

We'll call or text the same day during hours with your shortlist plan.

Related pages

## Related board views

Board view

### New Build Board

Every in-scope community on one map, with base rent, the special, net effective, true monthly, and year two pulled every morning.

Open New Build Board→

[/new-construction-apartments/ →](/new-construction-apartments/)

Board view

### Specials

Specials confirmed within the last 7 days, each decoded to net effective and year two, with base rent shown beside every discount.

Open Specials→

[/apartment-specials/ →](/apartment-specials/)

Board view

### Lease-Ups

Buildings already open and filling, sorted by stage and fill estimate, with what's finished and what the special does to your monthly cost.

Open Lease-Ups→

[/lease-up-apartments/ →](/lease-up-apartments/)

![](/images/misc/dusk-view-of-new-limestone-and-glass-apartment-tow.webp)

Free to you, and your rent is the same either way

## You don't have time to call 20 leasing offices. We do.

Send us your move date and all-in budget. We confirm the unit, the special, and the written fee sheet the same day during hours, then show you year two before you tour.

Get my shortlist →

[/contact/ →](/contact/)

 

See the New Build Board

[/new-construction-apartments/ →](/new-construction-apartments/)

 

Call or text 512-000-000

[tel:+1512000000 →](tel:+1512000000)

We don't guarantee pricing or approval. The community sets both, and we confirm them before you sign.
