Texas Landlord-Tenant Law: A Plain-English Guide for Owners

If you own rental property in Texas, understanding landlord-tenant law isn’t optional—it’s essential. The state’s Property Code governs everything from how much you can charge upfront to how you handle evictions. Get these rules wrong, and you’ll face costly disputes, delayed evictions, and potential liability. Get them right, and you protect your investment while respecting tenant rights.

This guide walks you through the key provisions of Texas landlord-tenant law that every DFW property owner needs to know.

What Is Texas Property Code Chapter 92 and Chapter 92 Subchapter B?

Texas landlord-tenant law lives primarily in the Property Code, specifically Chapter 92 (the Residential Tenancies section). These statutes define the rights and responsibilities of both landlords and tenants in residential leases across Texas—from Dallas to Fort Worth, and throughout the six-county region we serve.

The law is written to create a baseline of fairness: landlords have the right to collect rent and maintain their property, while tenants have the right to a safe, habitable dwelling. Neither party can waive these rights in a lease, no matter what the contract says. This is important: you cannot write away your obligations, and tenants cannot sign away their protections.

Security Deposits: What You Can Charge and How You Must Handle Them

Texas law does not cap security deposits. You can charge whatever amount you negotiate with the tenant. However, once you collect that deposit, strict rules apply.

Return Timeline: You must return the deposit—or provide an itemized list of deductions—within 30 days after the tenancy ends. If the tenant vacates and you don’t have a forwarding address, you may hold the deposit in a separate account, but you still must make a good-faith effort to return it.

Allowable Deductions: You may deduct from the deposit only for unpaid rent, unpaid utilities (if the lease made the tenant responsible), damage beyond normal wear and tear, and costs the tenant agreed to pay under the lease. You cannot deduct for ordinary wear—faded paint, worn carpeting, or minor scuffs. Keep receipts or photos documenting damage; if challenged, you’ll need evidence.

Interest and Non-Refundable Fees: Texas law does not require you to pay interest on deposits. You also have the option to collect a non-refundable fee separate from the security deposit—but you must disclose it in writing at lease signing. Do not mislabel a non-refundable fee as part of the deposit; that’s a common violation.

If you fail to return a deposit on time or make deductions without itemizing them, the tenant can sue you for the full amount of the deposit plus $100, plus attorney fees. This is strict liability; intent doesn’t matter.

Lease Requirements and Notices

Texas law requires that residential leases include certain disclosures and notices. Your lease must inform tenants about lead-based paint (federal requirement), bedbug information, and the fact that utility outages may occur during maintenance or repairs.

Notice to Vacate: If you want a tenant to leave at the end of the lease term, you must give written notice at least one full rental period before the lease expires—typically 30 days for a month-to-month tenancy, or the length of the lease term if it’s an annual lease.

Eviction: The Legal Process and Timeline

Eviction in Texas is faster than in many states, but you must follow the process exactly. Skipping steps can void the entire proceeding.

Step 1: Three-Day Notice to Cure or Quit. If the tenant breaches the lease (typically by not paying rent), you must first serve written notice giving the tenant three days to fix the problem or move out. Three calendar days means three days, not counting the day notice is delivered. The notice must be written and delivered in person, by certified mail, or (in some cases) by posting at the property. Include the amount owed, the date rent was due, and a clear statement of what the tenant must do to cure the breach.

Step 2: File for Eviction. If the tenant doesn’t cure by day three, you can file a forcible detainer lawsuit (the legal term for eviction) with the justice court in the precinct where the property is located. You’ll pay a filing fee (typically $50–$150) and serve the tenant with the lawsuit.

Step 3: Court Hearing. The court will schedule a hearing, usually within 10–21 days. You’ll present evidence (unpaid rent, lease violation, etc.), and the tenant can respond. If you win, the judge issues a judgment for possession.

Step 4: Writ of Possession and Sheriff Removal. If the tenant doesn’t vacate within five days of the judgment, you file for a writ of possession. The sheriff will post notice and, if the tenant still hasn’t left, will physically remove them. Only law enforcement can force someone out; you cannot do it yourself or change the locks (except for abandonment).

What Stops an Eviction: If the tenant pays all back rent plus court costs before the hearing, the case is dismissed. Some leases also allow tenants to cure other breaches (like a pet violation) before eviction proceeds. Know your lease terms.

Landlord Repair Obligations and Habitability

Texas law requires landlords to maintain residential properties in a habitable condition. This is not negotiable. You cannot contract out of it, even if the tenant agrees.

What Habitable Means: The property must have a weathertight roof, functioning plumbing, hot and cold water, heating and cooling, working electrical systems, and adequate weatherization. Broken windows, pest infestations, black mold, and non-functional utilities are all habitability violations.

Repair Timeline: You must make repairs within a reasonable time—typically interpreted as 3–7 days for urgent issues (no water, heat, or AC) and longer for non-emergency repairs. If a repair is truly urgent (no heat in winter, for example), the tenant can withhold rent or hire someone to fix it and deduct the cost, as long as they follow notice procedures.

Tenant’s Right to Repair and Deduct: If you don’t repair a habitability issue within a reasonable time, the tenant can: (1) repair it and deduct the reasonable cost from rent, or (2) terminate the lease and move out without penalty. They must give you written notice and a reasonable opportunity to fix it first.

This is one of the most common tenant complaints and one of the biggest liability exposures for landlords. Maintain your property, respond promptly to repair requests, and document what you do. A well-maintained property avoids disputes and keeps good tenants.

Fair Housing and Tenant Screening

Federal Fair Housing law applies in Texas. You cannot discriminate based on race, color, religion, sex, national origin, disability, or familial status. This covers screening, lease terms, rent, maintenance, and eviction.

Screening Criteria: Use objective, consistent criteria for all applicants: credit score thresholds, income requirements, criminal history (with limits—you cannot blanket-exclude all criminal records), rental history, and employment verification. Document your criteria in writing and apply them uniformly. If you reject an applicant, be ready to explain why, using the same standard you’d apply to any other applicant.

Adverse Action Notice: If you deny an application or lease based on a credit report or background check, federal law requires you to give the applicant notice and the right to dispute.

Steering—subtly discouraging certain applicants based on protected class—is illegal even if you’d rent to them anyway. Make sure your messaging, marketing, and application decisions pass the equal-treatment test.

Late Fees, Utility Concerns, and Other Rules

Late Rent and Fees: Texas does not cap late fees, but they must be reasonable. Courts have upheld fees of 10% of rent, but exorbitant fees (50% or more) might not be enforceable. Document the fee in the lease upfront.

Utility Responsibility: Be clear in the lease about which utilities the tenant pays. If the tenant is responsible, include that obligation explicitly. If you provide utilities, factor that into rent. Disputes over utilities and utility shutoffs are common; clarity upfront avoids conflict.

Automatic Renewal: If your lease has an auto-renewal clause, Texas law requires that you notify the tenant of renewal at least 30 days before the lease expires. Without proper notice, the renewal clause is unenforceable.

Property Management and the Homeward Complete Care Process™

Managing a rental property means juggling leases, deposits, maintenance, tenant disputes, and compliance. Many DFW owners handle this alone until the first legal problem lands in their lap.

Professional property management—rooted in the Homeward Complete Care Process™—handles the legal work for you. From screening tenants consistently to managing repairs on time, to handling eviction correctly, a property manager ensures you stay compliant and avoid costly mistakes. Whether it’s a single property or a portfolio, having a partner who knows Texas law inside out protects your investment and your peace of mind.

Common Mistakes Owners Make

Mistake 1: Not Following Eviction Procedures. Rushing an eviction or skipping the three-day notice invalidates the whole process. You’ll spend more time and money re-filing and re-serving. Follow the steps.

Mistake 2: Deducting from Deposits Without Itemizing. Failure to provide a written, itemized list of deductions opens you to a lawsuit for the full deposit plus damages. Always document and itemize.

Mistake 3: Ignoring Repair Requests. A tenant without hot water or heat can legally break the lease. Respond to maintenance issues quickly. It’s cheaper than losing a good tenant or fighting a habitability claim.

Mistake 4: Unequal Screening. Applying different standards to different applicants—even unconsciously—invites Fair Housing complaints. Use written, objective criteria and stick to them.

Mistake 5: Failing to Disclose Lease Terms. Non-refundable fees, auto-renewal, and utility responsibility must be in writing and disclosed at signing. Verbal agreements don’t hold up.

When to Seek Legal Advice

This guide covers the fundamentals, but every situation is unique. If a tenant threatens to withhold rent, you’re considering eviction, a habitability dispute arises, or you’re concerned about Fair Housing compliance, consult a Texas real estate attorney licensed to practice in your county. They can review your lease, advise on specific situations, and represent you in court if needed. The cost of preventive legal advice is far less than the cost of a lawsuit you lose.

Protect Your Investment With Compliant Management

Texas landlord-tenant law is detailed and unforgiving—not because it’s unfair, but because both parties’ rights are real and deserve protection. As a property owner, your job is to know the rules, apply them consistently, and maintain your property. Tenants deserve a safe, well-managed home; you deserve rent on time and legal protection.

If the compliance work feels overwhelming, that’s exactly why property management exists. Ready to partner with a team that knows Texas law inside and out? Get a free rental analysis and see how professional management can turn landlord stress into steady income.

Frequently Asked Questions

How long do I have to return a security deposit in Texas?

You must return the deposit or provide an itemized list of deductions within 30 days after the tenancy ends. Failure to do so can result in liability for the full deposit amount plus $100 and attorney fees.

What happens if I don’t fix something a tenant reports as broken?

If the issue affects habitability (no water, heat, or AC), the tenant can withhold rent, repair it and deduct the cost, or terminate the lease. You must respond to repair requests within a reasonable time, typically 3–7 days for urgent issues.

Can I evict a tenant immediately for not paying rent?

No. You must first give a three-day notice to cure or quit. Only after those three days pass (if the tenant doesn’t pay or move) can you file for eviction in court. The full process typically takes 2–4 weeks.

What can I deduct from a security deposit?

You can deduct for unpaid rent, unpaid utilities (if the lease required the tenant to pay), damage beyond normal wear and tear, and other costs the tenant agreed to pay. Ordinary wear—faded paint, worn carpet, minor scuffs—is not deductible.

Are there limits on security deposits or late fees in Texas?

Texas law does not cap security deposits or late fees. However, late fees must be reasonable (typically 10% of rent is enforceable). Be clear about all charges in the lease upfront to avoid disputes.