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State rental laws and regulations

Rental laws vary from state to state, so learn and follow your state laws. We have a comprehensive guide on landlord and renter state laws and regulations in all 50 states.

State Laws & Regulations

Rental laws vary from state to state. Select your state to learn more.

Texas

Published

Mar 19, 2024

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the rental laws in Texas handle everything from security deposits to termination notices so you can navigate these with ease.

This article is not intended to be exhaustive or a substitute for qualified legal advice. Texas rental laws and statutes are always subject to change and may vary by county or city. You are responsible for performing your own research and complying with all Texas laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer in Texas. The Texas state bar association may have a referral service that can help you find a lawyer with experience in Texas landlord-tenant law.

Official Texas Rental Rules and Regulations

Texas Rental Law Details

Texas Security Deposit Laws:

Security Deposit Maximum: No statute.
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: No statute.
Non-Refundable Fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: 30 days (Section 92.103).
Permitted Uses of the Security Deposit: Landlords may keep all, or a portion, of the security to pay for: 1) unpaid rent, and 2) damages caused by the tenant beyond normal wear and tear (Section 92.104).
Require Written Description / Itemized List of Damages and Charges: Yes (92.104(c)).
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: Yes, landlords are required to keep “accurate records of all security deposits” (Section Sec. 92.106).
Failure to Comply: Landlords who do not follow statutes regarding the security deposit can be held liable for $100, three times the amount of the deposit owed to the tenant, and the tenant’s attorney fees (Section 92.109).

Texas Lease, Rent & Fees:

Rent is Due: No statute.
Rent Increase Notice: No statute (Section 92.012)
Late Fees: Reasonable amounts are allowed.
Application Fees: Landlords may charge application fees, which can be refunded to prospective tenants if the landlord does not provide a notice as detailed in the statute (Section 92.3515).
Prepaid Rent: No statute.
Returned Check Fees: No statute.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): State statute does not explicitly give tenants the right to withhold rent. However, if a landlord fails to provide essential services, tenants may recover “actual damages,” $1,000 in addition to one month’s rent, as well as reasonable attorney and court fees. See the statute for further details (Section 92.008).
Tenant Allowed to Repair and Deduct Rent: Yes, but not more than one month’s rent or $500. Tenant must give prior notice to the landlord. Landlords must inform tenants, in writing, that they have the right to “repair and deduct or the option to terminate the lease”, if the landlord fails to make repairs. For further details, see the statute (Section 92.056).
Landlord Allow to Recover Court and Attorney’s Fees: Yes (Section 92.058)
Termination due to Public Indecency: Immediate (Section 91.003).
Subletting: Subletting is prohibited without the prior consent of the landlord (Section 91.005).
Landlord Must Make a Reasonable Attempt to Rerent if Tenant Vacates: Yes (Section 92.1031).

Texas Rental Notices and Entry:

Notice to Terminate a Lease – Yearly Lease: At least one month (Section 91.001).
Notice to Terminate a Lease – Month-to-Month: At least one month’s notice, but the tenant and landlord can make agreements in writing that differ from this (Section 91.001).
Notice of date/time of Move-Out Inspection: No statute.
Eviction Notice for Nonpayment: Three days to pay or move-out. The landlord can file for eviction three days after the notice is received (Section 24.005).
Eviction Notice for Lease Violation: No statute.
Required Notice before Entry: Yes, but no notice period is specified (92.0081).
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, but no notice period is specified (92.0081).
Emergency Entry Allowed without Notice: No statute.
Entry Allowed During Tenant’s Extended Absence: No statute.
Notice to Tenants for Pesticide Use: No statute
Lockouts Allowed: Yes, but conditions apply (Sec. 92.0081).
Utility Shut-offs Allowed: No (Sec. 92.008).

Texas Rental Disclosures and Miscellaneous Notes:

Names and addresses: No statute.
Copy of the Lease: Landlords must provide a copy of the lease within three days of the lease being signed (Section 92.024).
Domestic Violence Situations (Section 92.0161):
- Early Termination Rights: Yes. Landlords must inform tenants, in writing, that they may break a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence. See Section 92.0161(d).
- Proof of Status: Yes, landlords can require to provide proof of domestic violence statute, including documentation of the assault or abuse from a licensed health professional (Section 92.0161).
Landlord Duties: No statute.
Tenant Duties: No statute.
Retaliation: See state statute for what is considered retaliation (Section 92.331).
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.
Personal Property of Deceased Tenants: Landlord can remove personal property of a deceased tenant who has abandoned the property 30 days after sending postmarked certified notice to the previously stated point-of-contact, and if no one has claimed the items (Sec. 92.014).

Court Related:

Small Claims Court Limits: $10,000 (source). Collection agents or agencies, money brokers, and moneylenders are not allowed to use in small claims court.
Eviction Cases Allowed: Yes.
Texas Courts
Attorney General of Texas
State Bar of Texas
Consumer Protection--Tenants’ Rights--Texas Attorney General
Legal Aid

Texas Business Licenses:

Business License required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.