Texas Landlord-Tenant Law at a Glance
Texas has no statewide cap on security deposits, but landlords must return them within 30 days under Tex. Prop. Code § 92.103. Late fees are allowed only once rent is two full days late and are presumed reasonable up to 12% of rent (10% in buildings of more than four units), and Texas sets no statutory notice period before landlord entry.
How Long Does a Landlord Have to Return a Security Deposit in Texas?
A Texas landlord has 30 days after the tenant surrenders the unit to return the deposit with a written description of deductions — but is not obliged to until the tenant provides a forwarding address.
| Maximum Deposit | No statutory limit |
| Return Deadline | 30 days after surrender |
| Interest Required | No |
| Itemized Statement | Required, once the tenant gives a forwarding address |
| Statute Reference | Tex. Prop. Code §§ 92.103, 92.104, 92.107 |
How Much Can a Landlord Raise Rent in Texas?
Texas does not limit rent increases and bars local rent control; for a month-to-month tenancy, new rent takes effect after the one month’s notice needed to end the old terms.
| Grace Period | No late fee until rent is unpaid two full days after the due date |
| Late Fee Limit | Presumed reasonable up to 12% of rent (4 or fewer units) or 10% (more than 4 units) |
| Rent Control Status | Prohibited (Tex. Loc. Gov’t Code § 214.902) |
| Rent Increase Notice | One month for month-to-month |
| Statute Reference | Tex. Prop. Code §§ 91.001, 92.019 |
How to Evict a Tenant in Texas
To evict a tenant in Texas, a landlord gives at least 3 days’ written notice to vacate (unless the lease sets a different period) and then files an eviction suit in justice court.
| Non-Payment Notice | 3 days’ notice to vacate, unless the lease provides otherwise |
| Lease Violation Notice | 3 days’ notice to vacate |
| Month-to-Month Notice | One month |
| Statute Reference | Tex. Prop. Code §§ 24.005, 91.001 |
Can a Landlord Enter Without Permission in Texas?
Texas law does not set an entry notice period, so the lease terms control; most leases allow entry at reasonable times for repairs and showings.
| Notice Required | No statutory period; follow the lease |
| Emergency Entry | Allowed |
What Must a Texas Lease Disclose?
- Lead-based paint disclosure (pre-1978 housing)
- Flood disclosure notice — whether the unit is in a 100-year floodplain and has flooded (Tex. Prop. Code § 92.0135)
- Owner and management company name and address on request (Tex. Prop. Code § 92.201)
- 24-hour emergency phone number for reporting emergencies (Tex. Prop. Code § 92.020)
- Parking and towing rules for multi-unit properties (Tex. Prop. Code § 92.0131)
- Tenant’s repair remedies in underlined or bold print in the lease (Tex. Prop. Code § 92.056)
What Repairs Is a Landlord Responsible For in Texas?
A Texas landlord must make a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant once the tenant gives notice and is current on rent.
What Texas landlords must maintain
- • Repair conditions materially affecting health or safety after notice (Tex. Prop. Code § 92.052)
- • Provide and repair security devices such as deadbolts and door viewers
- • Install and test smoke alarms
What a Texas tenant can do
- • Repair and deduct after proper notice (limit below)
- • Terminate the lease if the landlord fails to repair
- • Judicial remedies including rent reduction and civil penalties
| Repair & Deduct | Greater of one month’s rent or $500 |
| Statute Reference | Tex. Prop. Code §§ 92.052, 92.0561, 92.0563 |