To effectively and legally manage a rental property in the Lone Star State, you’ll first need to fully understand Texas landlord-tenant law. These regulations establish important rights and responsibilities for both landlords and tenants, and keep everyone on the same page about how a tenancy should run.
By understanding Texas renters’ rights, you’ll make day-to-day rental decisions easier and reduce the chance of a small issue turning into a major disagreement. In this guide, we’ll cover the key statutes that regulate the entire rental relationship in Texas, including important deadlines, exceptions, and more.
Texas landlords must uphold several obligations throughout a tenancy. Here are a few of the more significant landlord duties to remember:
We’ll cover these responsibilities in more detail later in the article, including statutes, required timeframes, federal and state regulations, and more.
Learn more: Guide to Landlord-Tenant Relationships
While Texas landlords have certain responsibilities, tenants have certain specific protections. These Texas renters’ rights are designed to allow a fair and peaceful tenancy:
We’ll cover each of these situations in later sections, along with the required notice periods and statutes that back up Texas renters’ rights.
Learn more: Guide to Tenant Rights & Responsibilities
Application fee limits: Texas does not cap application fees. That said, if the landlord fails to provide the required selection-criteria notice, they must issue the rejected applicant a refund (Tex. Prop. Code § 92.3515).
Permissible screening criteria: Landlords can consider credit history, criminal history, previous rental history, and current income when selecting a tenant (Tex. Prop. Code § 92.3515). Still, though, consumer-reporting limits and federal fair housing rules apply.
Look-back limits on criminal and eviction records: Texas doesn’t have any strict look-back limits for landlords who search public records themselves.
Consumer reporting agencies, by contrast, typically can’t report criminal records more than 7 years after disposition, release, or parole. They also can’t report suits and judgments older than 7 years or the governing limitations period, whichever is longer (Tex. Bus. & Com. Code § 20.05).
Source-of-income and voucher protections: Texas doesn’t require private landlords to accept Section 8 vouchers and prevents cities and counties from requiring acceptance. State law does make exceptions for ordinances that protect military veterans and for voluntary local incentive programs (Tex. Loc. Gov’t Code § 250.007).
Adverse action notice obligations: Under the Fair Credit Reporting Act, landlords who take adverse action based on consumer reports are required to give notice with the reporting agency’s name and contact information, an explanation that the agency didn’t make the decision, and a reminder of the tenant’s rights (15 U.S.C. § 1681m(a)).
Texas does not require additional denial notices.
Free resources: Send Rental Applications & Screen Tenants Online
Federal protected classes: Federal and Texas fair housing laws prohibit housing discrimination based on race, color, national origin, religion, sex, familial status, and disability (Tex. Prop. Code § 301.021, § 301.025).
State-added protected classes: Texas also prohibits discrimination based on hair texture or protective hairstyles related to race (Tex. Prop. Code § 301.0045).
Reasonable accommodations and modifications: Landlords must make qualifying, disability-related accommodations and allow tenants to make reasonable modifications of their own (Tex. Prop. Code § 301.025).
Service animals do not qualify as pets, so landlords can’t require extra compensation or a deposit for one (Tex. Hum. Res. Code § 121.003). If the disability or need isn’t apparent, landlords may request reliable, disability-related information (HUD and DOJ Joint Statement).
Discriminatory advertising language: Rental listings can’t include language that expresses a preference or limitation based on a protected class. Phrasing like “Jewish tenants preferred” or “adults only” is strictly prohibited under fair housing laws (Tex. Prop. Code § 301.022).
Complaint filing routes and deadlines: A renter typically has 1 year to file a discrimination complaint with the Texas Workforce Commission Civil Rights Division. The federal Department of Housing and Urban Development accepts qualifying Fair Housing Act complaints on the same deadline (Tex. Prop. Code § 301.081).
Learn more: How to Screen Applicants Fairly
A state-specific lease agreement helps keep rental terms aligned with state law while addressing important rights, responsibilities, disclosures, and other rules that a generic, one-size-fits-all lease may overlook. Here are a few factors that a Texas-specific lease should address:
Statute of frauds threshold: Under Texas law, a real estate lease with a term longer than 1 year must be in writing and signed by the person against whom enforcement is sought (Tex. Bus. & Com. Code § 26.01).
Mandatory lease terms: Texas does not prescribe a statewide residential lease form, universal font size, or specific lease terms, but clauses that place repair costs on a tenant need to appear underlined or in boldface (Tex. Prop. Code § 92.006).
Void and unenforceable clauses: Texas does not allow landlords to write lease agreements waiving a tenant’s jury-trial right. Landlord responsibilities and tenant remedies relating to health and safety are also nonwaivable, with narrow exceptions (Tex. Prop. Code § 92.006).
Default rules absent a written lease: Either party can terminate a verbal, month-to-month tenancy with at least 1 month’s notice, unless a signed agreement requires otherwise (Tex. Prop. Code § 91.001).
Renewal and holdover terms: Texas doesn’t impose a statewide rule for automatic-renewal clauses on a residential lease. If a holdover tenancy becomes month-to-month and there’s no written agreement, standard lease termination rules apply (Tex. Prop. Code § 91.001).
Texas-specific leases: Custom Online Lease Builder
Texas landlords must provide several notices addressing rental property and Texas renters’ rights before or during the tenancy.
Learn more: Online Lease Agreement Template
Maximum deposit amount: Texas landlord-tenant law doesn’t set a statewide maximum security deposit.
What counts as a security deposit: Advance rent and application deposits are not considered security deposits, and a qualifying fee in lieu of a deposit may be nonrefundable (Tex. Prop. Code § 92.102, § 92.111).
Account and interest requirements: Texas doesn’t require landlords to store residential security deposits in separate or interest-bearing accounts, but landlords must maintain accurate deposit records (Tex. Prop. Code § 92.106).
Return deadline and triggering event: Security deposit refunds are due within 30 days after the tenant moves out of the unit, though the clock won’t start until the tenant provides a written forwarding address (Tex. Prop. Code § 92.103, § 92.107).
Itemized statement requirements: When withholding deposit money, landlords need to return any balance with a written description and itemized list of deductions, though this isn’t required for undisputed unpaid rent (Tex. Prop. Code § 92.104, § 92.109).
Wear and tear versus tenant damage: Landlords cannot deduct funds from the security deposit to cover normal wear and tear, like faded paint or worn carpet. Landlords can, however, use security deposit funds to cover damages caused by tenant negligence or action (Tex. Prop. Code § 92.001, § 92.104).
Penalties for wrongful withholding: If a landlord withholds a security deposit in bad faith, they are liable to pay the tenant $100, 3 times the amount wrongfully withheld, and the tenant’s reasonable attorney’s fees (Tex. Prop. Code § 92.109).
Learn more: How Security Deposits Work
Due date and lawful payment methods: The lease agreement should specify the rent due date. Texas doesn’t require or prohibit electronic-only payment. With that in mind, landlords must accept timely cash payments unless a written lease agreement requires payment by check, money order, or another traceable or negotiable instrument (Tex. Prop. Code § 92.011).
Statutory grace period: Texas landlord-tenant law doesn’t provide a grace period for late rent, but a landlord can’t collect a late fee until rent goes unpaid for 2 full days after its original due date. That delay doesn’t prevent an eviction for nonpayment, however (Tex. Prop. Code § 92.019).
Late fee cap: Texas does not limit late fee amounts, but landlords cannot enforce unreasonable late rent fees. Up to 12% of rent is seen as a reasonable late fee for a structure with four or fewer units, and 10% of rent is considered reasonable for larger structures.
Higher fees may still be considered legally reasonable if they don’t exceed the landlord’s damages from late payment (Tex. Prop. Code § 92.019).
Partial payment consequences: Texas landlord-tenant law doesn’t address how accepting a partial rent payment affects an eviction case or late fees, so the lease terms ultimately dictate how to handle them.
Helpful tool: Collect Rent Online for Free
Notice periods by tenancy type: Texas landlord-tenant law doesn’t require a statewide notice period for rent increases, so it depends on the terms outlined in the lease agreement.
Mid-lease increase restrictions: During a fixed-term lease, landlords can’t unilaterally change the agreed-upon rent (unless the lease allows an increase or both parties agree in writing).
Service and delivery requirements: Texas doesn’t require a statewide format or delivery method for rent increases. However, qualifying tenants who request notices at a separate primary residence must receive end-of-term rent increase notices there by mail, unless the notice is delivered by hand (Tex. Prop. Code § 92.012).
Retaliatory and discriminatory increases: Landlords cannot retaliate by increasing rent within 6 months of a tenant exercising protected rights, requesting repairs, making a qualifying good-faith complaint, or joining a tenant organization. Fair housing laws also prohibit discriminatory rent increases (Tex. Prop. Code § 92.331, § 92.332, § 301.021).
Learn more: Guide to Rent Increase Laws
Texas doesn’t limit residential rent increases and imposes no rent control or rent stabilization on private market-rate housing.
A municipality may adopt rent control only during a housing emergency caused by a disaster and with the governor’s approval (both, not one or the other). Separate affordable housing programs may impose rent limits on participating properties (Tex. Loc. Gov’t Code § 214.902).
The landlord’s duty to repair: Texas landlords must repair conditions that materially affect a tenant’s health and safety throughout a tenancy (Tex. Prop. Code § 92.052, § 92.061).
Conditions constituting a violation: Texas landlord-tenant law covers conditions that materially affect a tenant’s physical health or safety. The law also requires landlords to provide equipment that’s capable of supplying hot water (at least 120 degrees Fahrenheit) (Tex. Prop. Code § 92.052).
Tenant notice requirements: Tenants must be current on rent and report the repair or habitability problem to the person or place where they normally pay rent. The first repair request must be in writing only if the lease requires written notice. Before using certain legal remedies, however, the tenant must send a second written notice unless the first was sent by tracked mail (Tex. Prop. Code § 92.052, § 92.056).
Landlord response deadlines: Texas landlord-tenant law doesn’t set a fixed repair deadline. Instead, landlords must act within a reasonable time; 7 days is typically presumed reasonable (Tex. Prop. Code § 92.056).
Repair-and-deduct, withholding, and escrow remedies: Tenants whose landlords fail to complete necessary repairs within a reasonable timeframe may terminate the lease, seek court remedies, or complete the repair themselves and deduct up to 1 month’s rent or $500 from future payments, whichever is greater.
Texas gives renters no right to withhold rent or place payments into escrow while waiting on repairs (Tex. Prop. Code § 92.056, § 92.0561, § 92.0563, § 92.058).
Helpful tool: Rental Property Maintenance Coordination
Advance notice requirements: Texas landlord-tenant law doesn’t set statewide requirements for advance notice, written notices, or delivery methods for ordinary landlord entry. Instead, the lease agreement should include these terms.
Lawful reasons for entry: Lease agreement terms may allow landlords to enter a rental unit to conduct repairs, inspections, showings, or for other stated purposes.
Emergency exception: Most leases let landlords enter a rental unit without advance notice in an emergency. A suspected lease violation, however, does not constitute an emergency unless it materially affects tenants’ health and safety.
Remedies for unlawful entry and refused access: Tenants may demand that a landlord stop improper entry and can sue for breach of lease if it continues. If the tenant repeatedly refuses to grant their landlord access as specified in the lease agreement, their landlord may take legal or civil action to regain access.
Free form: 24-Hour Notice to Enter
No-cause termination notice periods: Terminating a month-to-month tenancy requires 1 month’s notice unless a signed agreement specifies a different requirement (Tex. Prop. Code § 91.001). A fixed-term lease typically ends on its stated date unless the lease requires additional notice.
Statutory early termination rights: Service members departing for active-duty military service will have to provide written termination notice and military orders. Family violence survivors need qualifying protective-order or professional documentation and 30 days’ notice (50 U.S.C. § 3955, Tex. Prop. Code § 92.016, § 92.017).
Legal grounds for eviction: Common grounds for eviction include unpaid rent, a material lease violation, and a holdover tenancy. Beyond that, illegal activity can support eviction when it breaches the lease agreement or ends the tenant’s right to possession (Tex. Prop. Code § 24.002, § 24.005).
Notice periods by ground: When attempting to evict a tenant, Texas landlords commonly issue tenants a 3-Day Notice to Vacate (although a written lease agreement may set a shorter or longer notice period).
Nonpayment of rent and lease violations each require at least 3 days’ notice before termination. For nonpayment alone, the notice must offer the option to pay or vacate if the tenant wasn’t late or delinquent before the month the notice is given.
Evicting a holdover tenant requires at least 3 days’ notice before filing, as well as any termination notice required for the underlying periodic tenancy. Meanwhile, illegal activity typically requires at least 3 days’ notice when the conduct supports a tenant default (Tex. Prop. Code § 24.005, § 91.001).
Curable versus unconditional notices: Tenants who have not previously been late or delinquent on rent must receive a Notice to Pay or Vacate before an eviction for nonpayment alone. Texas doesn’t grant a statewide right to cure a lease violation before eviction proceedings can begin (Tex. Prop. Code § 24.005).
Court filing through judgment: To evict a tenant, the landlord must file a petition in justice court, and the court will then issue a citation setting a trial within 10 to 21 days. The law requires the tenant to be served their papers at least 4 days before trial (Tex. R. Civ. P. 510.8).
Writ of possession and execution: A Writ of Possession, the court order authorizing law enforcement to remove the tenant and restore possession to the landlord, can’t be issued before the 6th day after judgment or until the appeal deadline passes. A sheriff or constable will normally execute the Writ after posting at least 24 hours’ notice on the rental property (Tex. Prop. Code § 24.0061, Tex. R. Civ. P. 510.18).
Self-help eviction penalties: Texas landlords who attempt to use self-help eviction methods like unlawful lockouts, utility shutoffs, or removal of doors may have to pay the tenant actual damages, 1 month’s rent plus $1,000, court costs, and reasonable attorney’s fees (Tex. Prop. Code § 92.008, § 92.0081).
Learn more: Texas Eviction Laws
Squatter, holdover tenant, and guest distinctions: Landlords can remove unauthorized occupants (aka squatters) through an expedited procedure. A holdover tenant typically requires a full eviction, and a guest who entered with permission may be removed as a trespasser once the tenant revokes that permission (Tex. Prop. Code § 24B.001, § 24.002, Tex. Penal Code § 30.05).
Adverse possession elements and statutory period: For a squatter to succeed on an adverse possession claim, Texas requires actual, visible, peaceable, and continuous possession under a claim of right that’s hostile to the owner’s claim. Squatters typically must hold possession for 10 years to qualify (Tex. Civ. Prac. & Rem. Code § 16.021, § 16.026).
Color of title and property tax payment: Holding a title, or color of title, can reduce the required possession period to 3 years. Squatters can also make an adverse possession claim after 5 years with use or enjoyment, payment of applicable property taxes, and a registered deed (Tex. Civ. Prac. & Rem. Code § 16.024, § 16.025).
Lawful removal routes: Qualifying property owners can use a sworn complaint to ask the county sheriff or constable to remove an occupant who entered without consent (Tex. Prop. Code § 24B.001, § 24B.002, Tex. Penal Code § 30.05).
Practical likelihood of a successful claim: Since it’s exceedingly difficult for a squatter to prove that they fulfilled all the elements of a successful claim, it’s highly unlikely that they will be able to take adverse possession of a property in Texas.
Learn more: What are Squatters’ Rights?
Abandoned property after move-out: Texas does not have a statewide storage-and-disposal timeline after an ordinary move-out. If a sole tenant dies, a landlord may discard stored property after issuing notice by Certified Mail and 30 days without removal (Tex. Prop. Code § 92.014).
Smoke and carbon monoxide detector requirements: Smoke alarms are required in each bedroom, near grouped bedrooms, and on every level. Landlords must test them at move-in, and tenants must replace batteries. Notably, Texas does not impose a universal carbon monoxide alarm rule (Tex. Prop. Code § 92.254, § 92.255, § 92.258).
Renters insurance requirements: Landlords may require renters insurance unless another law or housing program restricts it, and Texas doesn’t set a statewide cap on the required coverage amount.
Utility billing and submetering: Texas permits submetering and allocated utility billing. Even so, tenants can’t be charged for common-area electricity usage. Allocated water bills also require deductions for qualifying common-area use before landlords divide the remainder (Tex. Util. Code § 184.052, Tex. Water Code § 13.503, 16 Tex. Admin. Code § 25.142, § 24.281).
Recent and pending statutory changes: As mentioned earlier, Texas recently passed a law allowing for expedited removal of squatters. Statewide eviction procedures were updated effective January 1, 2026, and certain security-deposit communications are now permitted by email after prior email contact (Tex. Prop. Code § 24B.002, § 24.0043, § 92.113).
If you need more help understanding Texas landlord-tenant law, renters’ rights, court procedures, housing protections, or common rental issues, the following resources are a good place to start:
Texas is commonly considered to be landlord-friendly. State law does not limit security deposits or rent increases, and there’s no statewide advance-notice period for landlord entry.
That said, Texas renters’ rights still cover repairs, deposits, and eviction procedures.
Texas doesn’t set a statewide minimum notice period for ordinary landlord entry, so any advance-notice requirement must be specified in the lease agreement.
A Texas landlord typically has 30 days after the tenant moves out to return the deposit and provide an itemized statement of accounting.
Texas does not have a statewide minimum notice period for rent increases. During a fixed-term lease, a landlord can’t change the agreed-upon rent unless the lease allows an increase or both parties agree.
Most Texas eviction hearings will occur 10 to 21 days after the landlord files. Pre-filing notice, service delays, continuances, appeals, and the Writ of Possession can stretch the full eviction process to several weeks or longer.
Texas renters have rights involving qualifying health and safety repairs, security deposit refunds, protection from retaliation and housing discrimination, lawful eviction procedures, security devices, and certain reasons for early lease termination.
Texas landlords can typically consider credit history, criminal history, previous rental history, current income, and eviction records. However, federal consumer reporting and fair housing laws still restrict how landlords obtain and use that information.
