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Texas landlord-tenant law.

Updated August 2026. Texas Local Government Code 214.902 bars municipalities from regulating rent except under a governor approved disaster emergency; no city currently has rent control.

Deposit limit

No statutory dollar cap on security deposits for unfurnished units (Tex. Prop. Code ch. 92, subch. C); landlords may charge any amount the market bears.

Deposit return

Landlord must refund the deposit, or send a written itemized list of deductions, within 30 days after the tenant surrenders the premises (Tex. Prop. Code § 92.103, § 92.104); failing to do either within 30 days is presumed bad faith (§ 92.109).

Notice to pay

At least 3 days' written notice to vacate before a forcible detainer suit can be filed for nonpayment, unless the lease sets a shorter or longer period (Tex. Prop. Code § 24.005).

Landlord entry

Texas Property Code Chapter 92 has no general statutory notice of entry requirement for landlords. Entry terms are governed entirely by the lease unless another Texas Property Code provision (such as smoke alarm inspection access) applies.

Security deposits

Deposit limit. No statutory dollar cap on security deposits for unfurnished units (Tex. Prop. Code ch. 92, subch. C); landlords may charge any amount the market bears.

Getting it back. Landlord must refund the deposit, or send a written itemized list of deductions, within 30 days after the tenant surrenders the premises (Tex. Prop. Code § 92.103, § 92.104); failing to do either within 30 days is presumed bad faith (§ 92.109).

Late fees and rent

No hard dollar cap, but a late fee is presumed reasonable only if it is written into the lease, rent remains unpaid a full two days after the due date (mandatory grace period), and the fee does not exceed 12 percent of one rental period's rent (buildings of 4 units or fewer) or 10 percent (buildings of more than 4 units) (Tex. Prop. Code § 92.019).

Ending a tenancy

Nonpayment of rent. At least 3 days' written notice to vacate before a forcible detainer suit can be filed for nonpayment, unless the lease sets a shorter or longer period (Tex. Prop. Code § 24.005).

Month-to-month termination. Either party may end a month to month tenancy by giving notice at least one month before the tenancy's end, tied to the rental period (Tex. Prop. Code § 91.001).

Landlord entry

Texas Property Code Chapter 92 has no general statutory notice of entry requirement for landlords. Entry terms are governed entirely by the lease unless another Texas Property Code provision (such as smoke alarm inspection access) applies.

Required disclosures

  • Federal lead based paint disclosure for housing built before 1978 (42 U.S.C. 4852d, 24 CFR Part 35)
  • Name and address of the property's record title holder, and of any off site management company, within 7 days of a tenant request or posted or stated in the lease in advance (Tex. Prop. Code § 92.201)
  • Disclosure if the landlord is aware the dwelling has flooded at least once in the last 5 years (Tex. Prop. Code § 92.0135)
  • Lease must state in underlined or bold print the tenant's repair and remedy rights under the duty to repair subchapter (Tex. Prop. Code § 92.056)
  • Smoke alarms required in each bedroom, with related tenant inspection rights (Tex. Prop. Code § 92.255, § 92.257)

Lease clauses that do not hold up

  • Any lease clause waiving the tenant's right to repair remedies or lease termination for the landlord's failure to repair a health or safety hazard is void, except as the statute itself allows (Tex. Prop. Code § 92.006)
  • Waiver of the tenant's right to a jury trial in a lease is void (Tex. Prop. Code § 92.006)
  • Waiver of security deposit or security device rights under Chapter 92 is void (Tex. Prop. Code § 92.006)
  • A lease provision purporting to waive the landlord's late fee obligations under § 92.019 is void (Tex. Prop. Code § 92.019)

Notes for landlords

Texas ties late fee reasonableness to a percentage of rent and a 2 day grace period rather than a flat dollar cap, so lease language matters for the safe harbor. There is no state notice of entry statute, so property managers should set entry notice contractually since tenants have no default statutory floor. Retaliation against a tenant for repair requests, code complaints, or forming a tenant organization is presumed unlawful for 6 months after the protected act and exposes the landlord to one month's rent plus 500 dollars in penalties (Tex. Prop. Code §§ 92.331 to 92.335).

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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