Question 1

How much can a landlord charge for a security deposit in Texas?

Accepted Answer

No maximum. Texas's security deposit subchapter (Prop. Code §§ 92.101–92.113) sets no cap on the amount.

Question 2

How long does a landlord have to return a security deposit in Texas?

Accepted Answer

Under Tex. Prop. Code § 92.103(a), except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. A requirement that a tenant give advance notice of surrender as a condition for refunding the deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. Under § 92.107, the landlord is not obligated to return the deposit or give a written description of damages and charges until the tenant gives a written statement of the tenant's forwarding address, but the tenant does not forfeit the right to a refund or to that description merely for failing to give a forwarding address. Under § 92.104, before returning the deposit the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease, but may not retain any portion to cover normal wear and tear, and must give the balance, if any, together with a written description and itemized list of all deductions, except that the itemized list is not required if the tenant owes rent when he surrenders possession and there is no controversy concerning the amount of rent owed. Under § 92.109(d), a landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. Other sections of the subchapter, including records, change of owner, a fee in lieu of a security deposit, and the dollar amounts of landlord or tenant liability, are not fully restated here. Example: the 30-day refund clock in § 92.103(a) runs from the date the tenant surrenders the premises, but the landlord's obligation to actually send the refund or the itemized description does not begin until the tenant has given a written forwarding address under § 92.107; failing to give that address does not forfeit the tenant's right to the refund.

Question 3

How much notice does a landlord have to give before entering a rental in Texas?

Accepted Answer

No Texas statute regulating landlord entry was found in Property Code chapter 92. Entry is governed by the lease, plus emergencies and repairs.

Question 4

How much notice does a landlord need to give to raise the rent in Texas?

Accepted Answer

The state landlord-tenant statute has no rent-increase notice requirement, so the lease terms and the month-to-month termination notice (§ 91.001) control (full-text search of Tex. Prop. Code ch. 92; § 92.331(b)). Increases are barred only as retaliation within six months of a tenant's protected action (§ 92.331(b)).

Question 5

Can a landlord charge a late fee in Texas, and how much?

Accepted Answer

Allowed only if the written lease provides for it and the fee is reasonable. A fee is presumed reasonable at up to 12% of monthly rent for buildings of 4 or fewer units, or 10% for buildings of more than 4 units.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in Texas?

Accepted Answer

At least 3 days' written notice to vacate before filing, unless the lease sets a shorter or longer period. For tenants who were not previously late, a nonpayment notice must be a notice to pay rent or vacate.

Question 7

Can cities in Texas pass rent control?

Accepted Answer

A city may adopt rent control by ordinance only if it finds a housing emergency due to a declared disaster and the governor approves the ordinance. Rent control continues or ends the same way the governor continues or ends the disaster.

Question 8

How much notice is needed to end a month-to-month tenancy in Texas?

Accepted Answer

Either the landlord or the tenant may end a month-to-month tenancy with notice. It ends on the later of the date in the notice or one month after the notice is given, unless the parties agreed otherwise in a signed writing or there is a breach of contract.

Question 9

Does a landlord have to pay interest on a security deposit in Texas?

Accepted Answer

The state landlord-tenant statute sets no requirement that landlords pay interest on security deposits (full-text search of Tex. Prop. Code ch. 92).

Question 10

Is a move-in or move-out inspection checklist required in Texas?

Accepted Answer

The state landlord-tenant statute sets no move-in inspection or condition-checklist requirement (full-text search of Tex. Prop. Code ch. 92).

Question 11

Is landlord retaliation illegal in Texas?

Accepted Answer

Yes. Chapter 92 bars retaliation against tenants for protected actions, including rent increases within 6 months of the protected action.

Question 12

Can a landlord change the locks or shut off utilities in Texas?

Accepted Answer

A landlord may not keep a tenant out except through the courts. The exceptions are bona fide repairs, construction or an emergency; removing the contents of abandoned premises; or changing the locks on a tenant who is behind on rent. A lock change requires a door notice telling the tenant where to get a new key 24 hours a day. Landlords also may not remove doors, locks or furnished appliances except for prompt bona fide repair. Utility cutoffs are covered separately by § 92.008.

Question 13

What can a tenant do if the landlord won't make repairs in Texas?

Accepted Answer

For a condition that materially affects health or safety, a tenant who is current on rent and has given notice, then a later written notice, may use statutory remedies, including repair and deduct up to one month's rent or $500, whichever is greater.

Question 14

What disclosures must a landlord give tenants in Texas?

Accepted Answer

If towing or parking rules apply when a lease is signed in a multiunit complex, the landlord must give the tenant a copy before signing (§ 92.0131(b)). A landlord with an on-site office must provide a 24-hour emergency phone number and post it outside the office (§ 92.020).

Question 15

What can a landlord do with property a tenant leaves behind in Texas?

Accepted Answer

Chapter 92 has no general residential abandoned-property procedure; it lets a landlord remove the contents of abandoned premises without a lockout violation (§ 92.0081(b)(2)). Seizing and selling a tenant's property for unpaid rent requires a conspicuous lien clause in a written lease (§ 54.043). Exempt items such as clothing, beds, kitchenware and medicine are protected (§ 54.042). Seizure must be peaceable, with an itemized notice left behind (§ 54.044). Any sale needs 30 days' notice by first-class and certified mail (§ 54.045).

Question 16

Can a tenant break a lease early for domestic violence or military service in Texas?

Accepted Answer

Family violence: a tenant can end the lease and avoid future rent by giving the landlord a protective order or other qualifying documentation and written notice at least 30 days ahead, then moving out after the 30 days run (§ 92.016). Military: a servicemember or dependent can end the lease with written notice plus proof of entry into service or orders. For monthly leases, termination takes effect 30 days after the next rent due date. The landlord must refund prepaid rent within 30 days (§ 92.017).

Question 17

Is there a grace period before a late fee can be charged in Texas?

Accepted Answer

Rent must remain unpaid for 2 full days after the due date before a late fee can be charged.

Question 18

How much can a landlord charge for a rental application fee in Texas?

Accepted Answer

Landlords must give applicants written tenant selection criteria with the rental application (Texas caps no application fee amount). Statute text: "(a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (1) criminal history; (2) previous rental history; (3) current income; (4) credit history; or (5) failure to provide accurate or complete information on the application form." (Tex. Prop. Code § 92.3515).

Question 19

Can a tenant fix something and deduct it from rent in Texas?

Accepted Answer

Tenants may repair and deduct only in listed situations (such as sewage backup, flooding, no water, or a written code-official notice) after the required notices. Deductions can't exceed one month's rent or $500, whichever is greater, in any one month.

Question 20

What happens to the lease when a tenant dies in Texas?

Accepted Answer

A landlord may ask the tenant to name an emergency contact and authorize release of property and the deposit. When a sole occupant dies, the landlord may store the property, must release it (and refund the deposit, less lawful deductions) to the named person or another lawful claimant, and may discard it only after the certified-mail steps.

Question 21

Does a landlord have to provide smoke and carbon monoxide detectors in Texas?

Accepted Answer

Landlords must install at least one smoke alarm in each bedroom, plus one in the hallway serving several bedrooms and one on each level. A tenant can ask for an alarm that alerts a hearing-impaired person.

Question 22

What happens if a tenant stays after the lease ends in Texas?

Accepted Answer

Before filing an eviction suit against a tenant who is in default or who holds over after the lease or renewal period ends, the landlord must give at least 3 days' written notice to vacate, unless a written lease sets a shorter or longer period.

Question 23

How does the eviction court process work in Texas?

Accepted Answer

A landlord who wins an eviction suit gets a judgment for possession and a writ of possession. The writ cannot issue before the 6th day after the judgment, unless a possession bond has been filed and approved.

Question 24

Can a tenant sublet an apartment in Texas?

Accepted Answer

During the lease term, a tenant may not rent the place to anyone else without the landlord's prior consent.

Question 25

Can a tenant withhold rent for repairs in Texas?

Accepted Answer

If a tenant withholds rent or deducts for repairs in a way ch. 92 doesn't allow, the landlord may recover actual damages. If the tenant acted in bad faith after written notice that withholding is illegal and of the penalties, the landlord may also recover a civil penalty of one month's rent plus $500.

Question 26

What is the pet deposits/fees & service/esa animals rule in Texas?

Accepted Answer

The state landlord-tenant statute has no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law (full-text search of Tex. Prop. Code ch. 92 (§§ 92.001 et seq.), full-text search). Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.

Question 27

What is the tenant relocation assistance rule in Texas?

Accepted Answer

The state landlord-tenant statute has no requirement for landlords to pay tenants relocation assistance (full-text search of Tex. Prop. Code ch. 92 (§§ 92.001 et seq.), full-text search). Government relocation programs, such as those for public projects, are in other laws not reviewed here.

Question 28

What is the rent receipts, payment methods & cash rule in Texas?

Accepted Answer

A landlord must accept timely cash rent unless a written lease requires payment by check, money order or another traceable instrument. For cash payments, the landlord must give a written receipt and record the payment in a record book.

Question 29

What is the eviction record sealing rule in Texas?

Accepted Answer

The state landlord-tenant statute has no provision for sealing or expunging eviction records (full-text search of Tex. Prop. Code ch. 24 (forcible entry and detainer; §§ 24.001 et seq.), full-text search). Court rules or other statutes, which this site has not reviewed, may still provide for it.

Question 30

What is the domestic violence early termination rule in Texas?

Accepted Answer

A tenant protected by a family violence order or qualifying documentation may end the lease and avoid future rent after following the notice requirements. Code text: "A tenant may terminate the tenant's rights and obligations under a lease and may vacate the dwelling and avoid liability for future rent."

Question 31

What is the scra / military lease termination rule in Texas?

Accepted Answer

A servicemember or dependent may end the lease and avoid future rent if they enter military service after signing, or get PCS or 90-day-plus deployment orders, by giving written notice and proof. Code text: "A tenant who is a servicemember or a dependent of a servicemember may vacate the dwelling leased by the tenant and avoid liability for future rent."

Question 32

What is the military lease termination (federal scra, all states) rule in Texas?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 33

What is the warranty of habitability in Texas?

Accepted Answer

A landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant (or a failure to supply hot water of at least 120 degrees), if the tenant gives notice and is current on rent.

Question 34

What disclosures must a landlord give in Texas?

Accepted Answer

Landlords must disclose the record owner's name and address and, if an off-site company manages the property, the management company's name and street address. Statute text: "A landlord shall disclose to a tenant, or to any government official or employee acting in an official capacity, according to this subchapter: (1) the name and either a street or post office box address of the holder of record title, according to the deed records in the county clerk's office, of the dwelling rented by the tenant or inquired about by the government official or employee acting in an official capacity; and (2) if an entity located off-site from the dwelling is primarily responsible for managing the dwelling, the name and street address of the management company" (Tex. Prop. Code § 92.201(a)).

Question 35

What is the guest & occupancy limits rule in Texas?

Accepted Answer

A landlord generally may not allow more than three adults per bedroom to occupy a dwelling (with fair-housing and family-violence exceptions). Statute text: "Except as provided by Subsection (b), the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms in the dwelling" (Tex. Prop. Code § 92.010(a)).

Question 36

Can a landlord deny a tenant for criminal or credit history in Texas?

Accepted Answer

Landlords must give applicants printed notice of their tenant selection criteria, including denial grounds such as criminal history and credit history. Statute text: "At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's: (1) criminal history; (2) previous rental history; (3) current income; (4) credit history; or (5) failure to provide accurate or complete information on the application form" (Tex. Prop. Code § 92.3515(a)).

Question 37

What is the eviction notices for other grounds (lease violation, no-fault) rule in Texas?

Accepted Answer

Before filing an eviction for default or holdover, the landlord must give at least three days' written notice to vacate unless the lease sets a different period. Statute text: "If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement" (Tex. Prop. Code § 24.005(a)).

Question 38

Does a landlord have to give notice before not renewing a lease in Texas?

Accepted Answer

A month-to-month tenancy can be ended by either party; it ends on the later of the date in the notice or one month after notice is given. Statute text: "If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given" (Tex. Prop. Code § 91.001(b)).

Question 39

Does Texas have rent control?

Accepted Answer

Texas cities may adopt rent control only after finding a disaster-related housing emergency, and only with the governor's approval. Statute text: "The governing body of a municipality may, by ordinance, establish rent control if: (1) the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004 , Government Code; and (2) the governor approves the ordinance" (Tex. Loc. Gov't Code § 214.902(a)).

Question 40

What is the rental / transient occupancy tax rule in Texas?

Accepted Answer

The state hotel occupancy tax applies to paying for a room or space in a hotel costing $15 or more per day. Statute text: "A tax is imposed on a person who, under a lease, concession, permit, right of access, license, contract, or agreement, pays for the use or possession or for the right to the use or possession of a room or space in a hotel costing $15 or more each day" (Tex. Tax Code § 156.051(a)).

Question 41

What is the manufactured / mobile home parks rule in Texas?

Accepted Answer

Manufactured home community landlords must offer an initial lease term of at least six months. Statute text: "A landlord shall offer the tenant a lease agreement with an initial lease term of at least six months" (Tex. Prop. Code § 94.052(a)).

Question 42

Can a landlord refuse Section 8 or other source of income in Texas?

Accepted Answer

Texas cities and counties may not ban landlords from refusing tenants because their rent is paid partly with federal housing assistance (such as vouchers); local protections for veterans are not affected. Statute text: "Except as provided by this section, a municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program" (Tex. Loc. Gov't Code § 250.007(a)).

Question 43

What rights does a tenant have after foreclosure in Texas?

Accepted Answer

After a foreclosure sale, a purchaser who won't continue the lease must give a residential tenant who is current on rent at least 30 days' written notice to vacate. Statute text: "If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease and the tenant timely pays rent and is not otherwise in default under the tenant's lease after foreclosure, the purchaser must give a residential tenant of the building at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease" (Tex. Prop. Code § 24.005(b)).

Question 44

What is the tenant buyout disclosures rule in Texas?

Accepted Answer

The state landlord-tenant statute has no provision on tenant buyout agreements or buyout disclosures (full-text search of Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies)). Local ordinances or other state or federal laws may still apply.

Question 45

Does a landlord need just cause to evict in Texas?

Accepted Answer

The state landlord-tenant statute has no provision on a general just-cause (good-cause) requirement for ending a tenancy (full-text search of Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies)). Local ordinances or other state or federal laws may still apply.

Question 46

What is the deposit bank holding / separate account rule in Texas?

Accepted Answer

The state landlord-tenant statute has no provision on a separate, escrow or interest-bearing account for security deposits (full-text search of Tex. Prop. Code chs. 24, 91 and 92 (forcible entry and detainer; landlord and tenant; residential tenancies)). Local ordinances or other state or federal laws may still apply.

Question 47

What is the right to cure / redeem rule in Texas?

Accepted Answer

Before evicting a tenant for nonpayment who was not late before the month of the notice, the landlord's written notice (at least 3 days unless the lease says otherwise) must be a notice to pay rent or vacate, giving the tenant the option to pay. For tenants who were late before, either a notice to pay or vacate or a notice to vacate may be used.

Question 48

What is the property manager licensing rule in Texas?

Accepted Answer

Managing rentals for others generally requires a Texas real estate license: a "broker" includes a person who, for another and for a fee, controls the acceptance or deposit of rent from a resident of a single-family rental (§ 1101.002(1)(A)(x)), and acting as a broker without a license is prohibited. Statute text: "Unless a person holds a license issued under this chapter, the person may not: (1) act as or represent that the person is a broker or sales agent; or (2) act as a residential rental locator" (Tex. Occ. Code §§ 1101.002(1), 1101.351(a)).

Question 49

How much does it cost to file an eviction in Texas?

Accepted Answer

The justice court in the precinct where the property is located has jurisdiction over eviction suits (Prop. Code § 24.004(a)), and a justice court clerk collects a $21 state consolidated civil filing fee on any civil case. Statute text: "(a-1) The clerk of a justice court shall collect a fee in the amount of $21 on the filing of any civil case and on any action other than an original action for the civil case, including an appeal and any counterclaim, cross-action, intervention, contempt action, interpleader, motion for new trial, motion to reinstate, or third-party action." (Tex. Loc. Gov't Code § 133.151(a-1); Tex. Prop. Code § 24.004(a)).

Question 50

What federal protections does a tenant have after foreclosure in Texas?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 51

Do landlords need a rental license or registration in Texas?

Accepted Answer

No state statute requiring landlords to register rental units was found. Local Government Code ch. 214 lets municipalities in counties of 2.5 million or more require registration of vacant buildings only (§ 214.233). Local ordinances may apply.

Question 52

Can the city inspect my rental property in Texas?

Accepted Answer

No statewide periodic inspection requirement applies to all rentals. A municipality with a population of 1.7 million or more must adopt habitability standards for multi-family rental buildings (three or more units) and run an inspection program for them (Loc. Gov't Code § 214.219). Other local ordinances may apply.

Question 53

What are the Airbnb / short-term rental rules in Texas?

Accepted Answer

No state statute regulating short-term rentals was found in Property Code ch. 92 or Local Government Code ch. 214. For hotel occupancy tax, a "hotel" includes a short-term rental (Tax Code § 156.001(b)). Local ordinances may apply.

Question 54

What is the condo conversion protections rule in Texas?

Accepted Answer

Under Tex. Prop. Code § 82.160, a declarant of a condominium that contains a conversion building must give each residential tenant or subtenant in possession notice of the conversion at least 60 days before the date the declarant will require that person to vacate. A conversion building is a building that, at any time before the condominium was created, was occupied wholly or partly by persons other than purchasers and persons who occupy with the purchasers' consent. The notice must state generally the rights of tenants and subtenants under § 82.160 and must be hand-delivered to the unit or mailed by certified United States mail, return receipt requested, to the tenant or subtenant at the address of the unit or any other mailing address that person provided. The declarant may not require a tenant or subtenant to vacate on less than 60 days' notice, except for nonpayment of rent, waste, or conduct that violates the rental agreement or is illegal, and the terms of the tenancy may not be altered during that period. Failure to give the required notice is a defense to an action for possession. If the notice specifies a date by which the unit or proposed unit must be vacated and otherwise complies with Tex. Prop. Code § 24.005, it also constitutes legal notice to vacate on that date for purposes of § 24.005. A declarant may not terminate a lease in violation of its terms. Unless the rental agreement expressly authorizes it, a declarant may not make substantial alterations to the interior of a leased premises for purposes of a condominium conversion. Section 82.160 applies to condominiums whose declaration is recorded on or after January 1, 1994, and to older condominiums that are governed by chapter 82 because the unit owners voted to amend the declaration to have the chapter apply and recorded that amendment, or because a declaration or amendment recorded before January 1, 1994, states that chapter 82 will apply in its entirety on January 1, 1994. Section 82.160 is not among the chapter 82 sections that apply on their own to a condominium whose declaration was recorded before January 1, 1994, and that did not opt in. Section 82.154 (extra statements in the condominium information statement for a conversion building) is a purchaser-disclosure rule and is not a tenant purchase right; it is not summarized here. Example: a residential tenant still in possession cannot be required to leave on 30 days' notice solely because of the conversion. The declarant must give at least 60 days' notice, unless the tenant has failed to pay rent, committed waste, or engaged in conduct that violates the rental agreement or is illegal.

Texas landlord-tenant law FAQ