Texas Landlord-Tenant Laws: Complete Guide for Property Owners
Comprehensive overview of Texas rental property laws including security deposits, eviction procedures, rent rules, required disclosures, and maintenance obli...
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Texas is one of the most landlord-friendly states in the country, with no rent control, no statutory cap on security deposits, and a relatively streamlined eviction process. However, the Texas Property Code still imposes important obligations on landlords — particularly around habitability, security devices, and tenant disclosures.
Key Texas Rental Laws at a Glance
Security Deposits
Texas does not impose a statutory limit on the amount a landlord can charge as a security deposit. Most landlords charge the equivalent of one to two months' rent, depending on the property and the tenant's credit profile.
Landlords must return the deposit within 30 days of the tenant surrendering the premises, provided the tenant has given a written forwarding address. Any deductions must be accompanied by an itemized written statement.
Since September 1, 2021, landlords may also offer tenants the option of paying a monthly fee in lieu of a traditional security deposit, as long as they provide clear written notice of the tenant's right to pay the full deposit instead.
For more detail, see our Security Deposits deep dive.
Rent Increases Texas has no statewide rent control. Landlords can raise rent by any amount at the end of a lease term. During a fixed-term lease, rent cannot be increased unless the lease explicitly allows it.
For month-to-month tenancies, landlords must generally provide 30 days' written notice before increasing rent. There are no caps on the percentage of increase.
For more detail, see our Rent Increases guide.
Eviction Procedures Texas requires landlords to give tenants a written Notice to Vacate before filing an eviction lawsuit (also called a "forcible detainer" suit). The default notice period is 3 days, though the lease may specify a different period.
Key Eviction Updates (SB 38 — Effective January 1, 2026)
Senate Bill 38, signed in June 2025, introduced significant changes to Texas eviction procedures:
- Expanded notice delivery methods — including electronic delivery if agreed upon in the lease
- Constable service deadline — must attempt service within 5 business days
- 21-day appeal limit — streamlining the appeals process
- Summary disposition — expedited process for squatting or forcible entry cases
- Eviction moratoria restrictions — only the state legislature can impose them, with limited exceptions
For more detail, see our Eviction Process guide.
Required Disclosures Texas landlords must disclose specific information to tenants before or at the time of lease signing:
- Lead-Based Paint — for properties built before 1978 (federal requirement)
- Flood Risk — whether the property is in a 100-year floodplain and if it has flooded in the past 5 years (effective January 1, 2022)
- Landlord/Agent Identity — name and address for notices and rent payment
- Parking Rules — towing policies for multi-unit complexes
- Tenant Remedies — rights if repairs are not made within 7 days (must be in bold or underlined text)
- Early Termination Rights — for family violence or military deployment
For more detail, see our Required Disclosures guide.
Maintenance and Habitability Under Texas Property Code §92.052, landlords must repair or remedy conditions that materially affect the physical health or safety of an ordinary tenant. This includes:
- Plumbing and water supply issues
- Electrical and wiring hazards
- Heating and cooling systems
- Roof leaks and weather protection
- Security devices (deadbolts, window latches)
- Pest infestations
- Mold affecting habitability
Tenants may use the "repair and deduct" remedy after giving written notice and waiting a reasonable time (presumed to be 7 days). The deduction is capped at the greater of one month's rent or $500 per repair.
For more detail, see our Maintenance Obligations guide.
Late Fees Texas law sets specific rules for late fees under Property Code §92.019:
- A 2-day grace period is required — fees cannot be charged until rent has been unpaid for 2 full days after the due date
- Late fees must be reasonable and stated in a written lease
- For properties with 4 or fewer units: up to 12% of the monthly rent
- For properties with more than 4 units: up to 10% of the monthly rent
- Late fees may include an initial fee plus a daily fee, but the total is treated as a single late fee
For more detail, see our Late Fees guide.
Lease Requirements Texas recognizes both written and oral leases, though oral leases are only enforceable for terms of one year or less. Written leases must include:
- Late fee policies
- Tenant's repair remedies (in bold or underlined text)
- Security deposit terms
- Landlord/agent contact information
Landlords must provide tenants with a copy of the signed lease within 3 business days of execution.
For more detail, see our Lease Requirements guide.
Local Ordinances Some Texas cities have their own regulations that supplement state law:
- Austin — Tenant relocation assistance for no-fault evictions, specific notice requirements
- Houston — Additional fair housing protections
- Dallas — Enhanced disclosure requirements
- San Antonio — Additional tenant notification rules
Always check local ordinances in addition to state law.
Getting Started with Compliance
Managing compliance across Texas's evolving regulatory landscape requires attention to detail. Landager helps landlords track their compliance status, manage lease terms, set deadline reminders, and stay updated when regulations change.
Residential Properties
Commercial Properties
How Landager Helps
Managing Texas properties requires strict adherence to the Texas Property Code, especially regarding the mandatory 2-day late fee grace period and the 30-day security deposit return deadline. Landager automates these calculations, ensuring your late fees stay within the 10-12% statutory caps and your deposit itemizations are delivered on time. From tracking flood risk disclosures to generating compliant 3-day notices to vacate, Landager helps you maintain 100% compliance across your Texas portfolio.
Explore more Texas compliance topics:
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