The Texas Property Code governs residential rentals in Chapters 24, 91, and 92, setting enforceable rules on security deposits, repairs, lock hardware, landlord entry, eviction procedure, and early termination rights. Both sides face real money if they get it wrong: a landlord who locks a tenant out illegally owes a month’s rent plus $1,000, and a tenant who withholds rent without following the statute can lose an eviction case.
Who the Rules Apply To
A “tenant” under the code is a person authorized by a lease to occupy a dwelling to the exclusion of others.1State of Texas. Texas Property Code Chapter 92 That definition reaches oral agreements, month-to-month arrangements, and written leases alike. On the other side, individual owners, real estate investment companies, and property managers acting for an owner all count as landlords, and sublessors who re-rent take on many of the same obligations.
A written lease is not required for a tenancy of one year or less, but any lease longer than a year must be in writing to be enforceable.2Texas Law Help. Leases Explained Certain tenant protections cannot be waived by lease language: security deposits, security devices, ownership disclosure, utility service, smoke alarms, and the landlord’s duty to address conditions that materially affect health or safety. A narrow written waiver of the health-and-safety duty is allowed only when the landlord owns a single rental dwelling and the unit was in good condition at lease signing.3State of Texas. Texas Property Code 92-006 – Waiver or Expansion of Duties and Remedies Lease clauses that try to waive these protections are void, and ambiguous language is generally read against the drafter, which is usually the landlord.
Security Deposits and the 30-Day Refund
A security deposit is any advance of money beyond a rental application fee or prepaid rent that secures the tenant’s performance. Texas does not cap the amount, but the lease has to state it.
After move-out, the landlord has 30 days to return the deposit.4State of Texas. Texas Property Code 92-103 – Obligation to Refund If any portion is withheld, the landlord must mail a written, itemized description of the deductions to the tenant’s forwarding address within that same 30 days.5State of Texas. Texas Property Code Chapter 92 – Section 92.104 Deductions can cover unpaid rent and damage beyond normal wear and tear. They cannot cover pre-existing problems or ordinary aging.
A landlord who acts in bad faith by keeping the deposit without justification can owe up to three times the wrongfully withheld amount plus attorney’s fees. Texas does not require interest on held deposits and does not require them to sit in a separate account.
Repairs the Landlord Must Make
The landlord must make a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant, and must keep hot water equipment supplying at least 120 degrees Fahrenheit.6State of Texas. Texas Property Code 92-052 – Landlord’s Duty to Repair or Remedy Broken plumbing, faulty wiring, roof leaks, and sewage backups all fall in this category.
Two conditions have to be met before the duty is triggered. The tenant has to give notice to the person or address where rent is normally paid, in writing if the lease requires written notice. And the tenant’s rent has to be current when the notice is received.6State of Texas. Texas Property Code 92-052 – Landlord’s Duty to Repair or Remedy
Once notified properly, the landlord gets a reasonable amount of time. The statute presumes seven days is reasonable, though a landlord can argue circumstances justified longer. If the landlord doesn’t act, the tenant’s options include terminating the lease, hiring someone to make the repair and deducting the cost, or suing to force the repair. Each remedy has strict notice steps, and repair-and-deduct in particular tends to go badly for tenants who try it without legal guidance.7Office of the Attorney General. Renter’s Rights
Tenants handle routine upkeep like filter changes and cleaning. Damage caused by the tenant, a household member, or a guest is on the tenant. And tenants cannot withhold rent over conditions that don’t materially affect health or safety, no matter how annoying.
Locks, Deadbolts, and Rekeying
Texas has unusually detailed lock rules. Every exterior door on a rental must have a keyless bolting device (operated from inside with no exterior keyhole) and a peephole. Windows need functioning latches. Sliding glass doors need a handle latch, pin lock, or security bar.8State of Texas. Texas Property Code Chapter 92 – Section 92.153
Deadbolts must throw at least one inch, operate from outside with a key and from inside without one, and use a strike plate secured by screws at least three inches long that reach the door frame stud.8State of Texas. Texas Property Code Chapter 92 – Section 92.153 These specs are enforceable, and a tenant who requests a missing or noncompliant device can hold the landlord liable if it isn’t installed.
Between tenancies, the landlord must rekey or change all key-operated exterior locks at the landlord’s own cost, no later than the seventh day after the new tenant moves in. A tenant can also request rekeying at any other time in writing, paying the cost outside the turnover window. A landlord who ignores a proper rekeying request can owe actual damages, a month’s rent plus $500, and attorney’s fees.
Rent, Late Fees, and Increases
Texas has no rent control. Landlords set rates freely and can raise them without limit for a new lease term. During an active lease, rent can only be raised if the lease itself allows it.
Late fees are governed by Section 92.019. Three conditions have to be met before a late fee is valid: it must be written into the lease, it must be reasonable, and at least two full days must have passed since rent was due.9Texas Public Law. Texas Property Code 92-019 – Late Payment of Rent Fees If rent is due on the first, the earliest a late fee can hit is the fourth.
Reasonable depends on property size. Buildings with four or fewer units are capped at 12 percent of monthly rent. Buildings with more than four units cap at 10 percent.9Texas Public Law. Texas Property Code 92-019 – Late Payment of Rent Fees A landlord can charge above those thresholds only if the fee reflects actual damages tied to the late payment, and the landlord carries the burden of proof.
The lease can specify accepted payment methods. If a rent check bounces, a returned-check fee and legal action for nonpayment are both on the table.
Landlord Entry and Tenant Privacy
Texas has no statewide statute setting a minimum notice before a landlord enters. This is one area where the lease controls. Most well-drafted leases require 24 hours’ notice for non-emergency entry, and that standard is widely accepted as reasonable.
Legitimate reasons for entry include maintenance, inspections, and showings. Emergencies like fires, gas leaks, or burst pipes justify entry with no notice. Repeated unannounced non-emergency visits can amount to harassment and give the tenant grounds for legal action. Spelling out entry conditions clearly in the lease is the safest move on both sides.
Eviction Steps
Texas evictions follow a fixed sequence, and landlords who skip steps can have their cases dismissed. The landlord must first deliver a written notice to vacate. The default period is three days, though the lease can set a shorter or longer window.10State of Texas. Texas Property Code 24-005 – Notice Required Before Filing Certain Eviction Suits That period cannot be skipped even for a clear lease violation.
If the tenant stays past the notice, the landlord files a forcible detainer suit in justice court. The court sets a hearing. The tenant can appear, present defenses, and request a jury trial. Common defenses include improper notice, retaliation, and the landlord’s failure to maintain habitable conditions.
After a ruling, the losing side has five days to appeal.11Texas State Law Library. Appealing an Eviction A tenant appealing typically has to post an appeal bond, deposit cash in the amount of the bond, or file a sworn statement of inability to pay. If no appeal is filed and the tenant doesn’t leave, a writ of possession lets law enforcement remove them.
Illegal Lockouts and Utility Shutoffs
Self-help eviction is flatly illegal. A landlord cannot change locks, remove doors, or block access to force a tenant out, regardless of how far behind on rent the tenant is. A locked-out tenant can go to justice court and request an emergency writ of reentry, which a judge can issue on the spot if an unlawful lockout appears to have occurred.12State of Texas. Texas Property Code 92-009 – Tenant’s Right of Reentry After Unlawful Lockout Disobeying the writ can bring contempt of court, including jail time.
The same prohibition covers utilities. A landlord cannot interrupt or cause the interruption of water, gas, electric, or wastewater service to pressure a tenant, whether the tenant pays the utility directly or the landlord provides service under the lease. Genuine repairs, construction, and emergencies are the only exceptions. An illegal shutoff costs the landlord actual damages plus one month’s rent plus $1,000, along with reasonable attorney’s fees and court costs.13State of Texas. Texas Property Code 92-008 – Interruption of Utilities
Early Termination Rights
Military Service
Section 92.017 lets a service member or dependent end a lease early and avoid liability for future rent if the service member enters military service after signing, or if an active-duty member receives orders for a permanent change of station or a deployment of 90 days or more.14State of Texas. Texas Property Code 92-017 – Right to Vacate and Avoid Liability Following Military Service or Military Orders These state protections sit on top of the federal Servicemembers Civil Relief Act.
Written notice plus a copy of the orders is required. Termination takes effect 30 days after the next rent payment due date following delivery of notice, and the landlord has to refund any prepaid rent within 30 days of termination. A landlord who violates the statute owes actual damages, a civil penalty of one month’s rent plus $500, and attorney’s fees.14State of Texas. Texas Property Code 92-017 – Right to Vacate and Avoid Liability Following Military Service or Military Orders
Family Violence
A tenant who is a victim of family violence, or whose household includes a victim, may terminate the lease early and avoid liability for future rent. The tenant has to give the landlord either a copy of a court protective order or documentation from a licensed healthcare provider, licensed mental health provider, or a family violence advocate.15State of Texas. Texas Property Code 92-016 – Right to Vacate and Avoid Liability Following Family Violence
Written notice 30 days before the termination date is also required. When the violence was committed by a cotenant or other occupant of the unit, the 30-day notice requirement is waived so the victim can leave sooner.15State of Texas. Texas Property Code 92-016 – Right to Vacate and Avoid Liability Following Family Violence
Required Disclosures
Every tenant is entitled to the name and address of the property owner and, if applicable, the property manager, so notices and repair requests reach the right party. If the unit sits in a 100-year floodplain, or if any part has been damaged by flooding in the past five years, the landlord must give a separate written notice before lease signing.16Texas Real Estate Commission. Landlord’s Floodplain and Flood Notice The Texas Real Estate Commission publishes a standard form.
For any dwelling built before 1978, federal law requires landlords to disclose known lead-based paint hazards, provide an EPA-approved pamphlet, include a specific lead warning statement in the lease, and get the tenant’s signed acknowledgment before signing.17eCFR. 24 CFR Part 35 Subpart A – Disclosure of Known Lead-Based Paint Hazards Upon Sale or Lease of Residential Property
Texas has no statewide disclosure requirement for past bed bug infestations. Local ordinances may address it, but the Property Code does not.
Discrimination and Retaliation
The federal Fair Housing Act prohibits discrimination in rentals based on race, color, national origin, religion, sex, familial status, and disability.18U.S. Department of Housing and Urban Development (HUD). Housing Discrimination Under the Fair Housing Act The Texas Fair Housing Act in Chapter 301 mirrors those protections at the state level.19State of Texas. Texas Property Code Chapter 301 – Texas Fair Housing Act A landlord cannot refuse to rent, set different terms, or provide inferior services on those grounds, and must grant reasonable accommodations for disabilities. Assistance animals, including emotional support animals, generally have to be allowed even in no-pets properties when the tenant provides reliable documentation of a disability-related need.20U.S. Department of Housing and Urban Development (HUD). Assistance Animals
Retaliation is separately prohibited. If a tenant requests repairs, files a complaint with a housing code enforcement agency, or participates in a tenant organization, the landlord cannot respond by filing eviction, raising rent, cutting services, or terminating the lease. The protection window runs six months. Any adverse action inside that window is presumed retaliatory, and the landlord has to prove a legitimate, non-retaliatory reason.21State of Texas. Texas Property Code 92-331 – Retaliation by Landlord
When a Tenant Leaves Early
A landlord cannot collect the balance of the lease by doing nothing. Texas imposes a duty to mitigate: after a tenant abandons the unit, the landlord must make reasonable efforts to re-rent it.22State of Texas. Texas Property Code 91-006 – Landlord’s Duty to Mitigate Damages The tenant still owes rent for any gap between move-out and a new tenancy, plus reasonable re-leasing costs. But a landlord who sits on the empty unit and refuses to look for a replacement cannot pile up damages.
Any lease clause attempting to waive the duty to mitigate is void.22State of Texas. Texas Property Code 91-006 – Landlord’s Duty to Mitigate Damages Language holding the tenant liable for full remaining rent regardless of re-rental efforts does not override the statute.