Texas Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Texas, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Texas. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Texas |
|---|---|
| Where these laws apply | Chapter 92 of the Texas Property Code applies to the relationship between landlords and tenants of residential rental property. Its security-deposit rules apply to all residential leases. Tex. Prop. Code §§ 92.002, 92.101 |
| Security deposit limit | No limit set by Texas Property Code Chapters 91 and 92. Tex. Prop. Code Ch. 91 and Ch. 92 (no provision) |
| Where deposits are held | No separate-account requirement in Texas Property Code Chapters 91 and 92. The landlord must keep accurate records of all security deposits. Tex. Prop. Code § 92.106 |
| Returning the deposit | On or before the 30th day after the tenant surrenders the premises. The landlord does not have to return the deposit or give a written description of damages and charges until the tenant gives a written forwarding address. A refund or accounting mailed and postmarked by the deadline is presumed on time. Tex. Prop. Code §§ 92.103(a), 92.107(a), 92.1041 |
| Deposit deductions | The landlord may deduct damages and charges the tenant is legally liable for under the lease or for breaching it, but not normal wear and tear. Any balance must be returned with a written description and itemized list of all deductions, unless the tenant owes rent on leaving and the amount owed is not disputed. Tex. Prop. Code § 92.104 |
| Interest on deposits | Not required by Texas Property Code Chapters 91 and 92. Tex. Prop. Code Ch. 91 and Ch. 92 (no provision) |
| Landlord entry notice | No notice period in Texas Property Code Chapters 91 and 92. Tex. Prop. Code Ch. 91 and Ch. 92 (no provision) |
| Notice to end a month-to-month lease | Either the landlord or the tenant may end a monthly or month-to-month tenancy by giving notice to the other. If the rent-paying period is at least one month, the tenancy ends on the later of the day given in the notice or one month after the notice is given. If it is shorter, the tenancy ends on the later of the day given in the notice or the day after a period as long as the rent-paying period, counted from the day the notice is given. These rules do not apply if both parties signed an agreement setting a different notice period or no notice, or if there is a breach of contract recognized by law. Tex. Prop. Code § 91.001 |
| Rent-increase notice | No notice period in Texas Property Code Chapters 91 and 92. For six months after a tenant in good faith uses or tries to use a right or remedy under the lease or law, gives a repair notice, makes a good-faith housing-code or utility complaint, or takes part in a tenant organization, the landlord may not raise the rent to retaliate. Tex. Prop. Code § 92.331; Ch. 91 and Ch. 92 (no notice provision) |
| Late fees | A late fee is allowed only if notice of it is in a written lease, the fee is reasonable, and rent has remained unpaid two full days after the original due date. A fee is considered reasonable if it is no more than 12% of the rent for the rental period (structures with four or fewer units) or 10% (more than four units), or no more than the landlord's uncertain damages related to the late payment. Tex. Prop. Code § 92.019(a), (a-1) |
| Notice for unpaid rent | At least 3 days' written notice to vacate before the landlord files an eviction suit against a tenant who defaults, unless a written lease or agreement sets a shorter or longer period. If unpaid rent is the only ground and the tenant was not late before the month of the notice, it must be a notice to pay rent or vacate. The notice goes by mail, inside the premises in a conspicuous place, by hand to a tenant 16 or older, or electronically if agreed in writing; these delivery rules do not apply if the tenant actually receives the notice. Tex. Prop. Code § 24.005(a), (f-3), (f-4) |
| Rent control | A city may establish rent control by ordinance if its governing body finds that a housing emergency exists due to a disaster and the governor approves the ordinance. Tex. Loc. Gov't Code § 214.902 |
| Required landlord disclosures | At or before signing, a written notice, signed by landlord and tenant, of whether the landlord is aware the home is in a 100-year floodplain, and, if the landlord knows flooding damaged it in the five years before the lease, a written flooding notice (neither is required for leases under 30 days). The lease must inform the tenant of the repair remedies in underlined or bold print. A phone number for reporting emergencies, answered 24 hours a day if the landlord has an on-site management or superintendent's office. A complete copy of the lease to at least one tenant by the third business day after it is signed. The name and address of the record title holder and of any off-site management company, in the lease or written rules, or in writing or by posting within 7 days after the tenant asks. Tex. Prop. Code §§ 92.0135, 92.056(g), 92.020, 92.024(a), 92.201 Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, sex, familial status, national origin and disability. These are the same classes as the federal Fair Housing Act, which says "handicap" for disability. Texas law also counts discrimination because of hair texture or a protective hairstyle (such as braids, locks and twists) commonly or historically associated with race as race discrimination. Tex. Prop. Code §§ 301.021(a), 301.025(a), 301.0045; 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Texas listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Texas?
No limit set by Texas Property Code Chapters 91 and 92. See the source in the table above.
How long does a Texas landlord have to return a security deposit?
On or before the 30th day after the tenant surrenders the premises. The landlord does not have to return the deposit or give a written description of damages and charges until the tenant gives a written forwarding address. A refund or accounting mailed and postmarked by the deadline is presumed on time. See the source in the table above.
How much notice must a Texas landlord give before entering?
No notice period in Texas Property Code Chapters 91 and 92. See the source in the table above.
How much notice ends a month-to-month lease in Texas?
Either the landlord or the tenant may end a monthly or month-to-month tenancy by giving notice to the other. If the rent-paying period is at least one month, the tenancy ends on the later of the day given in the notice or one month after the notice is given. If it is shorter, the tenancy ends on the later of the day given in the notice or the day after a period as long as the rent-paying period, counted from the day the notice is given. These rules do not apply if both parties signed an agreement setting a different notice period or no notice, or if there is a breach of contract recognized by law. See the source in the table above.
How much notice is required for a rent increase in Texas?
No notice period in Texas Property Code Chapters 91 and 92. For six months after a tenant in good faith uses or tries to use a right or remedy under the lease or law, gives a repair notice, makes a good-faith housing-code or utility complaint, or takes part in a tenant organization, the landlord may not raise the rent to retaliate. See the source in the table above.
How much can a Texas landlord charge for late rent?
A late fee is allowed only if notice of it is in a written lease, the fee is reasonable, and rent has remained unpaid two full days after the original due date. A fee is considered reasonable if it is no more than 12% of the rent for the rental period (structures with four or fewer units) or 10% (more than four units), or no more than the landlord's uncertain damages related to the late payment. See the source in the table above.
How much notice must a Texas landlord give when rent is unpaid?
At least 3 days' written notice to vacate before the landlord files an eviction suit against a tenant who defaults, unless a written lease or agreement sets a shorter or longer period. If unpaid rent is the only ground and the tenant was not late before the month of the notice, it must be a notice to pay rent or vacate. The notice goes by mail, inside the premises in a conspicuous place, by hand to a tenant 16 or older, or electronically if agreed in writing; these delivery rules do not apply if the tenant actually receives the notice. See the source in the table above.
Does Texas have rent control?
A city may establish rent control by ordinance if its governing body finds that a housing emergency exists due to a disaster and the governor approves the ordinance. See the source in the table above.
Rentals in Texas listed by owners
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