Texas Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Texas law sets no cap on security deposits and requires landlords to refund them within 30 days after a tenant surrenders the property, though the refund duty does not begin until the tenant gives the landlord a written forwarding address. There is no fixed statutory notice before a landlord enters; the lease governs entry. No Texas city has rent control, and state law lets a city adopt it only during a governor-approved disaster housing emergency.

Security deposits in Texas

Texas imposes no statutory cap on security deposits. A landlord may charge any amount negotiated in the lease. After a tenant vacates and surrenders the premises, the landlord has 30 days to refund the deposit or provide an itemized written statement of deductions. Two conditions sit on top of that clock. Under Tex. Prop. Code 92.107, the landlord is not obligated to return the deposit or give the written description of damages and charges until the tenant provides a written statement of a forwarding address, so sending that address is the single most important step a departing Texas tenant takes. Failing to send it does not forfeit the deposit, but it does postpone the landlord's obligation. Under Tex. Prop. Code 92.103(b), a lease clause requiring advance notice of surrender as a condition of the refund is effective only if that requirement is underlined or printed in conspicuous bold print in the lease.

If a landlord retains any portion of the deposit in bad faith, Texas law awards the tenant triple the amount wrongfully withheld plus $100 and reasonable attorney fees. A landlord who in bad faith fails to provide the written description and itemized list forfeits the right to withhold any portion of the deposit and to sue the tenant for damage to the premises, and missing the 30-day deadline raises a presumption of bad faith that the landlord may rebut (Tex. Prop. Code 92.109). Allowable deductions include unpaid rent, damage beyond normal wear and tear, and any charges expressly permitted in the lease.

When can a landlord enter? Notice rules

Texas has no fixed statutory notice period for non-emergency landlord entry. Unlike many states that mandate 24 or 48 hours, Texas law leaves the notice requirement to the lease agreement. Tenants should review their lease carefully; most residential leases specify 24 hours or "reasonable advance notice."

Despite the absence of a statutory deadline, landlords are still required to enter only at reasonable times and for legitimate purposes such as making repairs, showing the unit to prospective tenants, or inspecting for lease compliance. Entering without any notice and without the tenant's consent is considered a breach of the covenant of quiet enjoyment and can expose the landlord to legal liability.

In a genuine emergency, such as a burst pipe, a fire, or a gas leak, a landlord may enter without prior notice to prevent damage or protect safety. This emergency exception exists in practice even without a specific statutory codification. Tenants who believe a landlord is entering repeatedly without proper notice should send a written notice to the landlord citing the lease terms.

Ending a lease: notice to vacate

To terminate a month-to-month tenancy in Texas, either the landlord or the tenant gives notice of termination to the other under Tex. Prop. Code 91.001. Where the rent-paying period is at least one month, the tenancy ends on the later of the day named in the notice or one month after the day the notice was given, so a notice given on the 5th generally takes effect on the 5th of the following month. The statute does not itself require the notice to be in writing, but put it in writing and keep proof of delivery, because the date the notice was given controls the calculation.

This one-month default applies only where the lease is silent. Under Tex. Prop. Code 91.001(e), it does not apply if the landlord and tenant have agreed, in an instrument signed by both parties, on a different period of notice or that no notice is required. Most Texas leases set their own 30-day or 60-day notice clause, so read the lease before counting days.

Fixed-term leases end on the date specified in the lease. If neither party gives written notice to terminate or renew before the lease end date, the tenancy generally converts to a month-to-month arrangement under Texas law. Tenants who remain after a lease ends without permission become holdover tenants, and the landlord may pursue eviction through the Justice of the Peace court.

For situations involving nonpayment of rent, breach of lease, or other for-cause terminations, the landlord must provide the appropriate statutory notice before filing an eviction. See the Texas eviction notice page for notice periods and procedures.

Repairs and the warranty of habitability

Texas recognizes an implied warranty of habitability, requiring landlords to make and keep the residential premises in a condition that materially affects the physical health or safety of an ordinary tenant. The landlord's duty covers structural elements, plumbing, heating, electrical systems, and the elimination of conditions that endanger health or safety.

Texas gives tenants an explicit repair-and-deduct remedy by statute, but it is narrower than most tenants expect. Under Tex. Prop. Code 92.0561, the deduction may not exceed the greater of $500 or one month's rent, and the tenant must first have given the landlord the notice required by Section 92.056, with at least one of those notices stating that the tenant intends to repair the condition and describing the intended repair.

Written notice by itself is not enough. Section 92.0561(d)(3) permits the repair only if one of four events has occurred: the landlord failed to remedy a backup or overflow of raw sewage inside the dwelling, or flooding from broken pipes or natural drainage inside the dwelling; water service the landlord agreed to furnish has totally ceased; heating or cooling equipment the landlord agreed to furnish is producing inadequate heat or cooled air and a local housing, building or health official has notified the landlord in writing that this materially affects the health or safety of an ordinary tenant; or such an official has notified the landlord in writing that some other condition materially affects health or safety. For an ordinary repair complaint, a tenant cannot trigger this remedy on their own written notice alone.

The waiting period depends on the trigger. Sewage or flooding may be repaired immediately after the notice of intent to repair; a total loss of potable water or inadequate heat or cooled air after three days; any other qualifying condition after seven days. Section 92.0561(f) also requires the work to be done by an independent company, contractor or repair person, licensed where the municipality requires a license. Unless the landlord agrees otherwise, the repair may not be made by the tenant, the tenant's immediate family, the tenant's employer or employees, or a company in which the tenant has an ownership interest, and it may not touch the foundation or load-bearing structural elements of a building with two or more dwelling units.

The repair-and-deduct remedy is not available for conditions caused by the tenant's own misconduct or normal wear and tear. Tenants with larger or repeated habitability problems may also pursue rent escrow through the courts, request a code-enforcement inspection from the local municipality, or terminate the lease if conditions are severe enough to constitute a constructive eviction.

Rent, late fees, and rent control

Texas caps late fees through a reasonableness test rather than a flat dollar limit. Under Tex. Prop. Code 92.019, a landlord may not collect a late fee unless the written lease gives notice of it, the fee is reasonable, and some portion of the rent has remained unpaid two full days after it was due. Section 92.019(a-1) then supplies the yardstick: a late fee is considered reasonable if it is no more than 12 percent of the rent for the rental period in a structure containing four dwelling units or fewer, or 10 percent in a structure containing more. A larger fee is permitted only to the extent it does not exceed the landlord's uncertain damages related to the late payment, including the direct and indirect costs of collection. A landlord who violates the section owes the tenant $100, three times the late fee collected, and reasonable attorney fees, and a lease provision waiving any of this is void.

Landlords are not required to give advance notice before raising rent on a month-to-month tenant, but the increase must be delivered in writing before taking effect and is most easily accomplished as part of the 1-month termination notice tied to a new lease offer. Fixed-term leases lock the rent for the term; landlords may not increase rent mid-lease unless the lease explicitly permits it.

No Texas city has rent control, and the statute on the subject is Tex. Local Gov't Code 214.902, not the Government Code. That section does not ban rent control outright. It authorizes the governing body of a municipality to establish rent control by ordinance if the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004 of the Government Code and the governor approves the ordinance, and it requires the city to continue or discontinue rent control in the same manner the governor continues or discontinues the state of disaster. Outside that narrow disaster path, no Texas municipality has a mechanism to cap rents, and there is no statewide rent cap.

If you have a landlord-tenant dispute in Texas

Start by documenting every problem in writing. Send all complaints, repair requests, and move-out notices by email or certified mail, and keep copies. Written documentation is essential in Texas small-claims proceedings and landlord-tenant litigation.

For deposit disputes, the Justice of the Peace court handles claims up to $20,000 in Texas. Filing is straightforward and does not require an attorney. Bring your lease, move-out photos, written communications, and receipts for any deductions you dispute.

For habitability and repair issues, submit a written notice to the landlord specifying the defect and the date of your request. If the landlord does not repair the condition within the statutory window, contact the city's code-enforcement office, and invoke the repair-and-deduct remedy only if one of the Section 92.0561 triggers listed above applies to your situation.

The Texas State Law Library (law.texas.gov) and Texas RioGrande Legal Aid provide free resources for tenants. The Texas Attorney General's consumer protection division handles predatory landlord practices. If your dispute involves retaliation, discrimination, or a complex claim, consult a licensed Texas attorney.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related pages: Landlord-Tenant Laws by State | Texas Eviction Notice | Texas Squatters Rights

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