Texas Landlord-Tenant Law Guide

Security deposits

Maximum amount

No statutory maximum. Landlords may charge any amount.

Return deadline

30 days after the tenant surrenders the premises and provides a forwarding address.

Itemized deduction requirements

Landlords must provide a written description and itemized list of deductions. Failure to return the deposit or provide an itemization within 30 days creates a presumption of bad faith.

Notice requirements

Entry notice

No specific statutory requirement for entry notice. However, most leases include entry provisions, and landlords are generally expected to give reasonable notice.

Lease termination notice

Month-to-month tenancies require at least 30 days’ notice to terminate, unless the lease specifies otherwise.

Rent increase notice

No statutory notice requirement for rent increases. For month-to-month leases, increases typically take effect with the next rental period after proper notice to terminate the current terms.

Rent rules

Rent control

No rent control. Texas state law (Texas Local Government Code §214.902) preempts local municipalities from enacting rent control ordinances.

Late fee regulations

Late fees must be reasonable. For residential leases, the landlord may not charge a late fee unless rent is at least 2 full days late. The fee must be stated in the lease.

Payment methods

No specific statutory requirements. Payment methods are governed by the lease agreement.

Eviction process

Notice to quit / cure period

3-day notice to vacate for nonpayment of rent (unless the lease specifies a different period). The notice must state that the tenant must vacate or the landlord will file for eviction.

Court filing

Eviction suit (forcible detainer) is filed in Justice Court. The court must hold a hearing within 10–21 days. Tenant may appeal to County Court within 5 days of judgment.

Estimated timeline

Approximately 3–4 weeks for uncontested cases. Appeals can extend the process by several weeks.

Maintenance & habitability

Implied warranty of habitability

Yes, but limited. Texas Property Code §92.052 requires landlords to make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant, if the tenant gives proper notice.

Repair response requirements

Landlord must make a diligent effort to repair within a reasonable time after receiving written notice. If the condition involves a risk to health or safety and the landlord has had reasonable time, tenant remedies apply.

Tenant remedies

Tenant may terminate the lease, have repairs done and deduct from rent (with limitations), or seek a court order for repairs. Specific procedures in §92.056 must be followed.

Lease requirements

Required disclosures

• Lead-based paint disclosure (pre-1978 buildings)
• Landlord’s name and address for notice purposes
• Right to repair and deduct notice (must be in lease if landlord wants to limit this remedy)
• Presence of a multiunit housing facility in a 100-year floodplain
• Ownership or management company information

Lease term requirements

No statutory restrictions on lease length. Oral leases are enforceable but leases over one year should be in writing per the Statute of Frauds.

Required clauses

Leases must include parking rules provisions for towing (if applicable). Late fee terms must be specified in the lease to be enforceable.