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Texas State Laws

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

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

We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Details

Security Deposit:

  • Security Deposit Maximum: No statute.
  • Security Deposit Interest: No regulation.
  • Separate Security Deposit Bank Account: No rule.
  • Non-Refundable Fees: No statute.
  • Pet Deposits and Additional Fees: No statute.
  • The deadline for returning the security deposit is 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: Landlords must 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).

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 rule.
  • 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 and 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. The 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 landlord’s prior consent (Section 91.005).
  • The landlord must reasonably attempt Rent if the tenant vacates: Yes (Section 92.1031).

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 receiving the notice (Section 24.005).
  • Eviction Notice for Lease Violation: No statute.
  • Required Notice before Entry: No notice period is specified (92.0081).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No notice period is specified (92.0081).
  • Emergency Entry Allowed without Notice: No statute.
  • Entry Allowed During Tenant’s Extended Absence: No regulation.
  • 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).

Disclosures and Miscellaneous Notes:

  • Names and addresses: No statute.
  • Copy of the Lease: Landlords must provide a copy 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 exceptional 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 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:

Business Licenses:

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

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor, Landlord, and Tenant Associations

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