Texas Landlord-Tenant Laws: Complete Guide for Landlords and Tenants

Whether you're a landlord managing rental properties or a tenant renting a home in Texas, understanding the state's landlord-tenant laws is essential. Texas's legal framework governs everything from security deposits and lease agreements to eviction procedures and repair obligations.

This comprehensive guide covers the key aspects of Texas (TX) landlord-tenant law to help both parties understand their rights and responsibilities.

Overview of Texas Landlord-Tenant Law

Texas's landlord-tenant regulations are designed to balance the interests of property owners and renters. Texas has a unique 'repair and deduct' process requiring two written notices, and the state differentiates late fee caps between single-family and multi-family properties.

Understanding these laws is especially important for real estate investors considering DSCR loans in Texas or homeowners exploring HELOC rates in Texas to finance rental property improvements.

Security Deposit Laws in Texas

Security deposits are one of the most common sources of disputes between landlords and tenants. Here's what Texas law requires:

Deposit Limits

No statutory limit. Landlords should clearly document the deposit amount in the lease agreement and provide a receipt to the tenant upon collection.

Return Timeline

Landlords must return the security deposit within 30 days after the tenant vacates the property. If deductions are made, the landlord must provide an itemized statement explaining each charge.

Allowable Deductions

Texas generally allows landlords to deduct from security deposits for:

Unpaid rent — Any outstanding rent owed at the time of move-out
Property damage — Damage beyond normal wear and tear caused by the tenant
Cleaning costs — Expenses to restore the unit to its original condition (beyond normal wear)
Lease violations — Costs associated with breaches of the lease agreement

Best Practices for Security Deposits

To avoid disputes, both landlords and tenants should:

Document the property's condition at move-in with photos and a written checklist
Keep all receipts for repairs and cleaning
Communicate in writing about any issues during the tenancy
Conduct a walk-through inspection before move-out when possible

Eviction Process and Timeline in Texas

Eviction is a legal process that landlords must follow carefully. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Texas.

Notice Requirements for Eviction

For non-payment of rent, Texas requires: 3-day notice to vacate (unless lease specifies a different period).

This notice gives the tenant an opportunity to pay the outstanding rent or vacate the property before the landlord can file for eviction in court.

Eviction Timeline

The typical eviction timeline in Texas is Approximately 3-6 weeks from the initial filing. However, actual timelines can vary significantly based on:

Court caseload and scheduling
Whether the tenant contests the eviction
Holiday and weekend delays
Appeals or continuances
Local court procedures

Steps in the Texas Eviction Process

Serve proper notice — Provide the required written notice to the tenant
File with the court — If the tenant doesn't comply, file an eviction lawsuit (often called an unlawful detainer or forcible entry and detainer action)
Court hearing — Both parties present their case before a judge
Judgment — The court issues a ruling
Writ of possession — If the landlord prevails, the court issues an order for the tenant to vacate
Sheriff enforcement — If the tenant still doesn't leave, law enforcement carries out the eviction

Grounds for Eviction

Common legal grounds for eviction in Texas include:

Non-payment of rent
Violation of lease terms
Damage to the property
Illegal activity on the premises
Holdover tenancy (remaining after lease expiration)
Health or safety violations

Lease Requirements in Texas

Written vs. Oral Leases

Oral leases valid for terms under one year. However, written leases are strongly recommended for both parties because they provide clear documentation of the terms and reduce the likelihood of disputes.

Essential Lease Terms

A well-drafted Texas lease should include:

Names of all parties — Landlord and all tenants
Property address — Complete address of the rental unit
Lease term — Start date, end date, and renewal terms
Rent amount and due date — Monthly rent, payment methods, and when rent is due
Security deposit details — Amount, conditions for return, and allowable deductions
Maintenance responsibilities — Who handles what repairs
Rules and restrictions — Pet policies, noise rules, guest policies, smoking restrictions
Entry provisions — When and how the landlord may enter the property
Termination procedures — How either party can end the lease

Disclosures Required

Texas landlords may be required to disclose:

Lead-based paint hazards (federal requirement for pre-1978 housing)
Known material defects in the property
Registered sex offenders in the area (where required by state law)
Mold or environmental hazards
Flood zone status
Recent deaths on the property (varies by state)

Rent Control Laws in Texas

No rent control; state preemption (Texas Property Code §214.902) prohibits local rent control.

Rent Increase Procedures

In the absence of rent control, Texas landlords can generally raise rent by any amount, subject to these requirements:

Written notice must be provided before any rent increase takes effect
Timing — Rent cannot be raised during a fixed-term lease unless the lease specifically allows it
Non-discriminatory — Rent increases cannot target tenants based on protected characteristics
Non-retaliatory — Rent increases cannot be in retaliation for tenants exercising their legal rights

For month-to-month tenancies, landlords must typically provide advance notice before a rent increase takes effect.

Tenant Rights in Texas

Tenants in Texas have several important legal protections:

Right to Habitable Housing

Every tenant has the right to a safe, habitable dwelling. This includes:

Functioning plumbing, heating, and electrical systems
Structural integrity (roof, walls, floors)
Working smoke and carbon monoxide detectors
Adequate weatherproofing
Freedom from pest infestations
Clean common areas (in multi-unit buildings)
Working locks on doors and windows

Right to Privacy

Landlords must provide reasonable notice before entering a rental property, except in genuine emergencies. Most states require 24-48 hours' written notice. Entry should occur during reasonable hours.

Protection from Discrimination

Under the federal Fair Housing Act and Texas state law, landlords cannot discriminate based on:

Race or color
National origin
Religion
Sex or gender
Familial status
Disability
Additional protected classes under Texas state law

Protection from Retaliation

Texas law prohibits landlords from retaliating against tenants who:

Report health or safety code violations
Exercise their legal rights
Join or organize tenant associations
Complain about habitability issues

Retaliatory actions can include eviction, rent increases, or reduction in services within a certain period after the tenant's protected activity.

Landlord Obligations in Texas

Maintenance and Repair Responsibilities

Landlords in Texas must:

Maintain the property in a habitable condition
Make necessary repairs in a timely manner
Comply with all applicable building and housing codes
Maintain common areas in a safe, clean condition
Provide and maintain essential services (heat, water, electricity where included)
Ensure the property meets fire and safety standards

Repair Timeline

7 days after second notice for conditions affecting health/safety. For emergency repairs that affect health and safety, landlords should respond immediately.

Tenant Remedies for Landlord Non-Compliance

If a landlord fails to make necessary repairs, tenants in Texas may have several options:

Repair and deduct — Make the repair themselves and deduct the cost from rent (where allowed by law)
Rent withholding — Withhold rent until repairs are made (typically requires following specific procedures)
Rent escrow — Deposit rent with the court pending repairs
Code enforcement — Report violations to local building or health inspectors
Lease termination — Break the lease due to uninhabitable conditions
Legal action — Sue the landlord for damages

Late Fees and Rent Payment in Texas

Late Fee Limits

Cannot exceed 12% of rent for single-family; 10% for multi-family; must wait until 2 days late. Any late fee provisions should be clearly stated in the lease agreement.

Grace Periods

Some states mandate a grace period before late fees can be assessed. Check your lease agreement and Texas law for specific grace period requirements.

Accepted Payment Methods

Landlords should specify acceptable payment methods in the lease. Common options include:

Check or money order
Electronic bank transfer
Online payment portals
Cash (with written receipt required)

Notice Requirements in Texas

Termination of Month-to-Month Tenancy

30 days for month-to-month (unless lease states otherwise). This notice should be provided in writing and delivered through an acceptable method (personal delivery, mail, or posting as required by law).

Entry Notices

Landlords must typically provide advance written notice before entering a rental property for:

Routine inspections
Showing the property to prospective tenants or buyers
Making non-emergency repairs
Pest control treatments

Emergency situations (fire, flood, gas leak) generally do not require advance notice.

Tips for Texas Landlords

Protecting Your Investment

Screen tenants thoroughly — Use consistent criteria including credit checks, rental history, and income verification
Use a comprehensive lease — Include all terms, rules, and expectations in writing
Document everything — Keep records of all communications, repairs, and financial transactions
Maintain adequate insurance — Landlord insurance should cover property damage, liability, and loss of rental income
Stay current on laws — Landlord-tenant laws change frequently; consider joining a local landlord association
Build a maintenance fund — Set aside reserves for repairs and capital improvements

Financing Your Rental Property

If you're looking to acquire or improve rental property in Texas, consider:

DSCR loans — Debt Service Coverage Ratio loans qualify based on rental income rather than personal income, making them ideal for investors
HELOCs — Home Equity Lines of Credit can fund renovations, repairs, or down payments on additional properties
Understanding DSCR loan requirements for investment properties
HELOC vs. home equity loan — Which is right for your situation?

Tips for Texas Tenants

Protecting Your Rights

Read your lease carefully before signing — understand every term and ask questions
Document the property's condition at move-in with dated photos and videos
Pay rent on time and keep records of all payments
Report maintenance issues in writing and keep copies of all requests
Know your rights — Familiarize yourself with Texas's landlord-tenant laws
Get renter's insurance — Protect your personal belongings and liability

What to Do if Your Rights Are Violated

If you believe your landlord has violated Texas landlord-tenant law:

Document the violation with photos, written records, and witness statements
Communicate in writing — Send a formal letter or email describing the issue
Contact local code enforcement if the issue involves health or safety
Seek legal aid — Many communities offer free or low-cost legal assistance for tenant disputes
File a complaint with the appropriate state agency
Consider mediation — Many disputes can be resolved through neutral third-party mediation

Resources for Texas Landlords and Tenants

Texas State Government Housing Resources — Official state housing information
HUD Texas Office — Federal housing assistance and fair housing information
Legal Aid in Texas — Free legal assistance for qualifying tenants
National Apartment Association — Resources for landlords and property managers
Consumer Financial Protection Bureau — Financial education and complaint resolution

Frequently Asked Questions

How much can a landlord charge for a security deposit in Texas?

No statutory limit. Always get a receipt and document the property's condition at move-in.

How long does an eviction take in Texas?

Approximately 3-6 weeks. The process involves serving notice, filing with the court, attending a hearing, and enforcement if necessary.

Does Texas have rent control?