Texas landlord-tenant law FAQ
49 answers to common Texas landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Texas?
No maximum. Texas's security deposit subchapter (Prop. Code §§ 92.101–92.113) sets no cap on the amount.
Verified Source: Tex. Prop. Code §§ 92.101–92.113 · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Texas?
Within 30 days after the tenant surrenders the premises.
Verified Source: Tex. Prop. Code § 92.103(a) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Texas?
No Texas statute regulates landlord entry; entry is governed by the lease (which may or may not require notice), plus emergencies and repairs.
Verified Source: Texas State Law Library (no statute; lease governs) · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Texas?
Landlords may raise rent as the lease allows: Texas Property Code ch. 92 (Residential Tenancies, read in full on 2026-10-16) has no rent-increase notice requirement, so the lease terms and the month-to-month termination notice (§ 91.001) control. Increases are barred only as retaliation within six months of a tenant's protected action (§ 92.331(b)).
Verified Source: Tex. Prop. Code ch. 92; § 92.331(b) · last checked 2026-10-16 · Full rent increase notice page
Can a landlord charge a late fee in Texas, and how much?
Allowed only if the written lease provides for it and the fee is reasonable. A fee is presumed reasonable at up to 12% of monthly rent for buildings of 4 or fewer units, or 10% for buildings of more than 4 units.
Verified Source: Tex. Prop. Code § 92.019 · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Texas?
At least 3 days' written notice to vacate before filing, unless the lease sets a shorter or longer period. For tenants who were not previously late, a nonpayment notice must be a notice to pay rent or vacate.
Verified Source: Tex. Prop. Code § 24.005(a) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Texas pass rent control?
Local rent control is allowed only if the city finds a housing emergency due to a declared disaster and the governor approves the ordinance (Texas State Law Library summary of the statute).
Verified Source: Tex. Local Gov't Code § 214.902 · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Texas?
Either the landlord or the tenant may end a month-to-month tenancy with notice. It ends on the later of the date in the notice or one month after the notice is given. If rent is paid for periods shorter than a month, notice equal to one rent period is required.
Verified Source: Tex. Prop. Code § 91.001(a)–(c) · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Texas?
Texas Property Code ch. 92 sets no requirement that landlords pay interest on security deposits (full chapter read).
Verified Source: Tex. Prop. Code ch. 92 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Texas?
Texas Property Code ch. 92 sets no move-in inspection or condition-checklist requirement (full chapter read).
Verified Source: Tex. Prop. Code ch. 92 · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Texas?
Yes. Chapter 92 bars retaliation against tenants for protected actions, including rent increases within 6 months of the protected action.
Verified Source: Tex. Prop. Code § 92.331 · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Texas?
A landlord may not keep a tenant out except through the courts. The exceptions are bona fide repairs, construction or an emergency; removing the contents of abandoned premises; or changing the locks on a tenant who is behind on rent. A lock change requires a door notice telling the tenant where to get a new key 24 hours a day. Landlords also may not remove doors, locks or furnished appliances except for prompt bona fide repair. Utility cutoffs are covered separately by § 92.008.
Verified Source: Tex. Prop. Code §§ 92.0081(a)–(c), 92.008 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Texas?
For conditions that materially affect health or safety, the tenant (with rent current) gives written repair notice; 7 days is presumed a reasonable time to repair. If the landlord still doesn't diligently repair after certified/registered-mail notice, the tenant may end the lease, repair and deduct, or sue. A justice court can order repairs up to $10,000. Tenants may not withhold rent for repairs.
Verified Source: Tex. Prop. Code §§ 92.052, 92.056, 92.0561, 92.0563, 92.058 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Texas?
If towing or parking rules apply when a lease is signed in a multiunit complex, the landlord must give the tenant a copy before signing (§ 92.0131(b)). A landlord with an on-site office must provide a 24-hour emergency phone number and post it outside the office (§ 92.020).
Verified Source: Tex. Prop. Code §§ 92.0131, 92.020 · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Texas?
Chapter 92 has no general residential abandoned-property procedure; it lets a landlord remove the contents of abandoned premises without a lockout violation (§ 92.0081(b)(2)). Seizing and selling a tenant's property for unpaid rent requires a conspicuous lien clause in a written lease (§ 54.043). Exempt items such as clothing, beds, kitchenware and medicine are protected (§ 54.042). Seizure must be peaceable, with an itemized notice left behind (§ 54.044). Any sale needs 30 days' notice by first-class and certified mail (§ 54.045).
Verified Source: Tex. Prop. Code §§ 92.0081(b)(2), 54.041–54.045 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Texas?
Family violence: a tenant can end the lease and avoid future rent by giving the landlord a protective order or other qualifying documentation and written notice at least 30 days ahead, then moving out after the 30 days run (§ 92.016). Military: a servicemember or dependent can end the lease with written notice plus proof of entry into service or orders. For monthly leases, termination takes effect 30 days after the next rent due date. The landlord must refund prepaid rent within 30 days (§ 92.017).
Verified Source: Tex. Prop. Code §§ 92.016(b)–(c), 92.017(b)–(e) · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Texas?
Rent must remain unpaid for 2 full days after the due date before a late fee can be charged.
Verified Source: Tex. Prop. Code § 92.019 · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in Texas?
Landlords must give applicants written tenant selection criteria with the rental application (Texas caps no application fee amount). Statute text: "(a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (1) criminal history; (2) previous rental history; (3) current income; (4) credit history; or (5) failure to provide accurate or complete information on the application form." (Tex. Prop. Code § 92.3515).
Verified Source: Tex. Prop. Code § 92.3515 · last checked 2026-10-16 · Full application fees & screening page
Can a tenant fix something and deduct it from rent in Texas?
Tenants may repair and deduct only in listed situations (such as sewage backup, flooding, no water, or a written code-official notice) after the required notices. Deductions can't exceed one month's rent or $500, whichever is greater, in any one month.
Verified Source: Tex. Prop. Code § 92.0561 · last checked 2026-10-15 · Full repair and deduct page
What happens to the lease when a tenant dies in Texas?
A landlord may ask the tenant to name an emergency contact and authorize release of property and the deposit. When a sole occupant dies, the landlord may store the property, must release it (and refund the deposit, less lawful deductions) to the named person or another lawful claimant, and may discard it only after the certified-mail steps.
Verified Source: Tex. Prop. Code § 92.014 · last checked 2026-10-15 · Full death of a tenant page
Does a landlord have to provide smoke and carbon monoxide detectors in Texas?
Landlords must install at least one smoke alarm in each bedroom, plus one in the hallway serving several bedrooms and one on each level. A tenant can ask for an alarm that alerts a hearing-impaired person.
Verified Source: Tex. Prop. Code §§ 92.254, 92.255 · last checked 2026-10-15 · Full smoke & co detectors page
What happens if a tenant stays after the lease ends in Texas?
Before filing an eviction suit against a tenant who is in default or who holds over after the lease or renewal period ends, the landlord must give at least 3 days' written notice to vacate, unless a written lease sets a shorter or longer period.
Verified Source: Tex. Prop. Code §§ 24.002(a)(1), 24.005(a) · last checked 2026-10-15 · Full holdover tenants page
How does the eviction court process work in Texas?
A landlord who wins an eviction suit gets a judgment for possession and a writ of possession. The writ cannot issue before the 6th day after the judgment, unless a possession bond has been filed and approved.
Verified Source: Tex. Prop. Code § 24.0061(a)-(b) · last checked 2026-10-15 · Full eviction court process & timeline page
Can a tenant sublet an apartment in Texas?
During the lease term, a tenant may not rent the place to anyone else without the landlord's prior consent.
Verified Source: Tex. Prop. Code § 91.005 · last checked 2026-10-15 · Full subletting & assignment page
Can a tenant withhold rent for repairs in Texas?
If a tenant withholds rent or deducts for repairs in a way ch. 92 doesn't allow, the landlord may recover actual damages. If the tenant acted in bad faith after written notice that withholding is illegal and of the penalties, the landlord may also recover a civil penalty of one month's rent plus $500.
Verified Source: Tex. Prop. Code § 92.058(a) · last checked 2026-10-15 · Full rent withholding / escrow page
What is the pet deposits/fees & service/esa animals rule in Texas?
A search of the full text of Tex. Prop. Code ch. 92 (§§ 92.001 et seq.) found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.
Verified Source: Tex. Prop. Code ch. 92 (§§ 92.001 et seq.) (searched in full) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in Texas?
A search of the full text of Tex. Prop. Code ch. 92 (§§ 92.001 et seq.) found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.
Verified Source: Tex. Prop. Code ch. 92 (§§ 92.001 et seq.) (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page
What is the rent receipts, payment methods & cash rule in Texas?
A landlord must accept timely cash rent unless a written lease requires payment by check, money order or another traceable instrument. For cash payments, the landlord must give a written receipt and record the payment in a record book.
Verified Source: Tex. Prop. Code § 92.011 · last checked 2026-10-15 · Full rent receipts, payment methods & cash page
What is the eviction record sealing rule in Texas?
A search of the full text of Tex. Prop. Code ch. 24 (forcible entry and detainer; §§ 24.001 et seq.) found no provision for sealing or expunging eviction records. Court rules or other statutes, which this site has not reviewed, may still provide for it.
Verified Source: Tex. Prop. Code ch. 24 (forcible entry and detainer; §§ 24.001 et seq.) (searched in full) · last checked 2026-10-15 · Full eviction record sealing page
What is the domestic violence early termination rule in Texas?
A tenant protected by a family violence order or qualifying documentation may end the lease and avoid future rent after following the notice requirements. Code text: "A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent."
Verified Source: Tex. Prop. Code § 92.016 · last checked 2026-10-16 · Full domestic violence early termination page
What is the scra / military lease termination rule in Texas?
A servicemember or dependent may end the lease and avoid future rent if they enter military service after signing, or get PCS or 90-day-plus deployment orders, by giving written notice and proof. Code text: "A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent."
Verified Source: Tex. Prop. Code § 92.017 · last checked 2026-10-16 · Full scra / military lease termination page
What is the military lease termination (federal scra, all states) rule in Texas?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the warranty of habitability in Texas?
Landlords must make a diligent effort to repair conditions that materially affect an ordinary tenant's health or safety (or a failure to supply 120°F hot water) once the tenant gives notice and is current on rent. Statute text: "A landlord shall make a diligent effort to repair or remedy a condition if: (1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid; (2) the tenant is not delinquent in the payment of rent at the time notice is given; and (3) the condition: (A) materially affects the physical health or safety of an ordinary tenant; or (B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit" (Tex. Prop. Code § 92.052(a)).
Verified Source: Tex. Prop. Code § 92.052(a) · last checked 2026-10-16 · Full habitability / warranty of habitability page
What disclosures must a landlord give in Texas?
Landlords must disclose the record owner's name and address and, if an off-site company manages the property, the management company's name and street address. Statute text: "A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company" (Tex. Prop. Code § 92.201(a)).
Verified Source: Tex. Prop. Code § 92.201(a) · last checked 2026-10-16 · Full required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) page
What is the guest & occupancy limits rule in Texas?
A landlord generally may not allow more than three adults per bedroom to occupy a dwelling (with fair-housing and family-violence exceptions). Statute text: "Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling" (Tex. Prop. Code § 92.010(a)).
Verified Source: Tex. Prop. Code § 92.010(a) · last checked 2026-10-16 · Full guest & occupancy limits page
Can a landlord deny a tenant for criminal or credit history in Texas?
Landlords must give applicants printed notice of their tenant selection criteria, including denial grounds such as criminal history and credit history. Statute text: "At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (1) criminal history; (2) previous rental history; (3) current income; (4) credit history; or (5) failure to provide accurate or complete information on the application form" (Tex. Prop. Code § 92.3515(a)).
Verified Source: Tex. Prop. Code § 92.3515(a) · last checked 2026-10-16 · Full criminal & credit history rules page
What is the eviction notices for other grounds (lease violation, no-fault) rule in Texas?
Before filing an eviction for default or holdover, the landlord must give at least three days' written notice to vacate unless the lease sets a different period. Statute text: "If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement" (Tex. Prop. Code § 24.005(a)).
Verified Source: Tex. Prop. Code § 24.005(a) · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page
Does a landlord have to give notice before not renewing a lease in Texas?
A month-to-month tenancy can be ended by either party; it ends on the later of the date in the notice or one month after notice is given. Statute text: "If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given" (Tex. Prop. Code § 91.001(b)).
Verified Source: Tex. Prop. Code § 91.001(b) · last checked 2026-10-16 · Full lease renewal / non-renewal notice page
Does Texas have rent control?
Texas cities may adopt rent control only after finding a disaster-related housing emergency, and only with the governor's approval. Statute text: "The governing body of a municipality may, by ordinance, establish rent control if: (1) the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004 , Government Code; and (2) the governor approves the ordinance" (Tex. Loc. Gov't Code § 214.902(a)).
Verified Source: Tex. Loc. Gov't Code § 214.902(a) · last checked 2026-10-16 · Full rent control / stabilization page
What is the rental / transient occupancy tax rule in Texas?
The state hotel occupancy tax applies to paying for a room or space in a hotel costing $15 or more per day. Statute text: "A tax is imposed on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays for the use or possession or for the right to the use or possession of a room or space in a hotel costing $15 or more each day" (Tex. Tax Code § 156.051(a)).
Verified Source: Tex. Tax Code § 156.051(a) · last checked 2026-10-16 · Full rental / transient occupancy tax page
What is the manufactured / mobile home parks rule in Texas?
Manufactured home community landlords must offer an initial lease term of at least six months. Statute text: "A landlord shall offer the tenant a lease agreement with an initial lease term of at least six months" (Tex. Prop. Code § 94.052(a)).
Verified Source: Tex. Prop. Code § 94.052(a) · last checked 2026-10-16 · Full manufactured / mobile home parks page
Can a landlord refuse Section 8 or other source of income in Texas?
Texas cities and counties may not ban landlords from refusing tenants because their rent is paid partly with federal housing assistance (such as vouchers); local protections for veterans are not affected. Statute text: "Except as provided by this section, a municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program" (Tex. Loc. Gov't Code § 250.007(a)).
Verified Source: Tex. Loc. Gov't Code § 250.007(a) · last checked 2026-10-16 · Full source of income discrimination page
What rights does a tenant have after foreclosure in Texas?
After a foreclosure sale, a purchaser who won't continue the lease must give a residential tenant who is current on rent at least 30 days' written notice to vacate. Statute text: "If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease" (Tex. Prop. Code § 24.005(b)).
Verified Source: Tex. Prop. Code § 24.005(b) · last checked 2026-10-16 · Full foreclosure tenant protections page
What is the tenant buyout disclosures rule in Texas?
The state landlord-tenant statute (Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies), read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies) · last checked 2026-10-16 · Full tenant buyout disclosures page
Does a landlord need just cause to evict in Texas?
The state landlord-tenant statute (Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies), read in full on 2026-10-16) has no provision on a general just-cause (good-cause) requirement for ending a tenancy. Local ordinances or other state or federal laws may still apply.
Verified Source: Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies) · last checked 2026-10-16 · Full just-cause eviction page
What is the deposit bank holding / separate account rule in Texas?
The state landlord-tenant statute (Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies), read in full on 2026-10-16) has no provision on a separate, escrow or interest-bearing account for security deposits. Local ordinances or other state or federal laws may still apply.
Verified Source: Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies) · last checked 2026-10-16 · Full deposit bank holding / separate account page
What is the right to cure / redeem rule in Texas?
The state landlord-tenant statute (Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies), read in full on 2026-10-16) has no provision on a tenant's right to cure a lease violation before termination. Local ordinances or other state or federal laws may still apply.
Verified Source: Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies) · last checked 2026-10-16 · Full right to cure / redeem page
What is the property manager licensing rule in Texas?
Managing rentals for others generally requires a Texas real estate license: a "broker" includes a person who, for another and for a fee, controls the acceptance or deposit of rent from a resident of a single-family rental (§ 1101.002(1)(A)(x)), and acting as a broker without a license is prohibited. Statute text: "Unless a person holds a license issued under this chapter, the person may not: (1) act as or represent that the person is a broker or sales agent; or (2) act as a residential rental locator" (Tex. Occ. Code §§ 1101.002(1), 1101.351(a)).
Verified Source: Tex. Occ. Code §§ 1101.002(1), 1101.351(a) · last checked 2026-10-16 · Full property manager licensing page
How much does it cost to file an eviction in Texas?
The justice court in the precinct where the property is located has jurisdiction over eviction suits (Prop. Code § 24.004(a)), and a justice court clerk collects a $21 state consolidated civil filing fee on any civil case. Statute text: "(a-1) The clerk of a justice court shall collect a fee in the amount of $21 on the filing of any civil case and on any action other than an original action for the civil case, including an appeal and any counterclaim, cross-action, intervention, contempt action, interpleader, motion for new trial, motion to reinstate, or third-party action." (Tex. Loc. Gov't Code § 133.151(a-1); Tex. Prop. Code § 24.004(a)).
Verified Source: Tex. Loc. Gov't Code § 133.151(a-1); Tex. Prop. Code § 24.004(a) · last checked 2026-10-16 · Full eviction filing fees page
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