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Texas

This article provides a quick overview of some key Texas Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Texas Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Texas Commercial Lease Agreement

Texas Landlord Tenant Key Rules

Official Texas Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit Maximum: No statute.
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: No statute.
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: The landlord must refund a security deposit to the tenant on or before the 30th day following the date the tenant surrenders the premises. Tex. Prop. Code § 92.103
Permitted Uses of 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 from the security deposit. Tex. Prop. Code § 92.104
Security Deposit can be Withheld: 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 from the security deposit. Tex. Prop. Code § 92.104
Require Written Description/Itemized List of Damages and Charges: The landlord must give the balance of the security deposit, if any, together with a written description and itemized list of all deductions to the tenant. The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and (2) there is no controversy concerning the amount of rent owed. Tex. Prop. Code § 92.104
Receipt of Security Deposit: No statute.
Record Keeping of Deposit Withholdings: No statute.
Failure to Comply: No statute.

Lease, Rent & Fees

TOPIC RULE
Rent is Due:
Payment Methods:
Rent Increase Notice: No statute.
Late Fees: Landlords must allow a two-day grace period before charging late fees. Late fees must also be disclosed in the lease, and cannot be more than 12% of the rent for properties with less than five units, or 10% for properties with more than four units. Tex. Prop. Code § 92.019
Application Fees: Landlords are permitted to request a nonrefundable sum of money to offset the costs of screening an applicant for acceptance as a tenant. Tex. Prop. Code § 92.351
Prepaid Rent: No statute.
Returned Check Fees: See statute. Tex. Prop. Code § 92.1031
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute.
Tenant Allowed to Repair and Deduct Rent: Tenant’s deduction for the cost of repairs or remedies must not exceed $500 or the amount of one month’s rent under the lease, whichever is greater. Tex. Prop. Code § 92.0561
Self-Help Evictions: Texas law prohibits landlords from resorting to “self-help” evictions.
Landlord Allowed to Recover Court and Attorney’s Fees: A party who prevails in a suit brought under this subchapter or Subchapter B, E, or F is rightfully able to recover the party’s court costs and reasonable attorney’s fees in relation to work reasonably expended. Tex. Prop. Code § 92.005
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: Landlords must make a reasonable effort to find a new tenant if a tenant leaves before the lease ends. Tex. Prop. Code § 91.006

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: 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
Notice to Terminate a Periodic Lease – Month-to-Month: For rent-paying periods being less than one month, 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
Notice to Terminate a Periodic Lease – Week-to-week: For rent-paying periods being less than one month, 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
Notice to Terminate Lease due to Sale of Property: No statute.
Notice of date/time of Move-Out Inspection: No statute.
Notice of Termination for Nonpayment: A landlord must give a tenant at least three days’ written notice to vacate if the tenant defaults on their rent, unless otherwise specified in the lease. Tex. Prop. Code § 94.206
Notice for Lease Violation: No statute.
Required Notice before Entry: No statute, though it is generally recommended for landlords to provide at least 24 hours’ of notice.
Entry Allowed with Notice for Maintenance and Repairs: Entry is allowed, but no notice is required.
Emergency Entry Allowed without Notice: No statute.
Entry Allowed During Tenant’s Extended Absence: No statute.
Entry Allowed with Notice for Showing the Property: Entry is allowed, but no notice is required.
Notice to Tenants for Pesticide Use: No statute.
Lockouts Allowed: A landlord is not permitted to prevent a tenant from entering a leased premises except by judicial process unless the exclusion results from: (1) repairs, construction, or an emergency; (2) removing the contents of premises abandoned by a tenant; or (3) changing the door locks on the door to the tenant’s unit who is delinquent in paying at least part of the rent. Tex. Prop. Code § 92.0081
Utility Shut-offs Allowed: A landlord or their agent is prohibited from interrupting or causing the interruption of utility services that are paid directly by the tenant to the utility company, except when the interruption is due to legitimate repairs, construction work, or an emergency situation. Tex. Prop. Code § 92.008
Electronic Notices Allowed: no

Disclosures

Duties

Landlord’s Duties

Tenant’s Duties