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

Texas law sets no cap on security deposits and requires landlords to return them within 30 days of a tenant surrendering the property. There is no fixed statutory notice before a landlord enters; the lease governs entry. Rent control is preempted statewide.

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. The 30-day clock starts when the tenant surrenders possession, so a tenant who leaves early without formally notifying the landlord may inadvertently delay the return deadline.

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. The landlord forfeits the right to deduct for damages if they fail to provide the itemized statement within the 30-day window. 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 must give 1 month written notice before the end of a rental period. The notice must be in writing and delivered to the other party at least one full rental period before the termination date. Texas courts interpret this strictly, so a notice given on the 5th of the month typically takes effect on the 5th of the following month.

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 is one of the states that gives tenants an explicit repair-and-deduct remedy by statute. Under Tex. Prop. Code 92.0561, a tenant may hire a licensed contractor or repair person and deduct the cost from one month's rent, up to the greater of $500 or one month's rent. To use this remedy, the tenant must first send a written notice to the landlord specifying the needed repair and give the landlord a reasonable time to fix it. The statutory standard is generally at least 7 days after notice, though urgency may shorten that window.

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 places no statutory cap on late fees, but the law does require a 2-day grace period. Under Tex. Prop. Code 92.019, a landlord may not charge a late fee until at least 2 full days after the rent is due. Any late fee must be "reasonable" and be disclosed in the written lease; a fee that is not in the lease is unenforceable.

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.

Rent control is preempted statewide in Texas. Under Tex. Gov't Code 214.902, no city, county, or other political subdivision may enact, enforce, or maintain any ordinance that controls rent. Austin, Dallas, and Houston have explored local rent ordinances at various times, but all such efforts are void under state preemption. There is no statewide rent cap in Texas.

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, you may then invoke the repair-and-deduct remedy or contact the city's code-enforcement office.

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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