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State Reference Guide · South

Texas
Tenant Rights.

This guide provides a summary of the laws governing residential tenancies in the State of Texas. Texas law is primarily found in Chapter 92 of the Texas Property Code.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Security Deposit Return
30 Days
Notice to Vacate
3 Days
can be 1 in lease
Keyless Deadbolts
Mandatory
landlord pays
Repair Deadline
7 Days
presumed

What rights do tenants have in Texas?

Tenants in Texas are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Texas sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

Texas does not set a maximum limit on how much a landlord can charge for a security deposit, but it does strictly regulate how that money is returned.

The 30-Day Rule
A landlord must refund a security deposit on or before the 30th day after the tenant moves out (surrenders the premises) (Tex. Prop. Code § 92.103).
Forwarding Address
The landlord is not required to return the deposit until the tenant provides a written statement of their forwarding address (Tex. Prop. Code § 92.107). Tip: Send this via certified mail.
Itemization
If the landlord keeps any part of the deposit, they must provide a written, itemized list of all deductions. Landlords cannot deduct for "normal wear and tear" (e.g., carpet fading or minor scuffs) (Tex. Prop. Code § 92.104).
Penalties for Bad Faith
If a landlord fails to return a deposit or provide an itemized list within 30 days, they are presumed to be acting in "bad faith." A tenant may sue for $100 + three times the amount wrongfully withheld + attorney’s fees (Tex. Prop. Code § 92.109).
02
NOTICE

Eviction Procedures

Texas has an expedited eviction process. Landlords cannot "self-help" evict by throwing your belongings out; they must go through the Justice of the Peace court.

Notice to Vacate
Before filing an eviction lawsuit, the landlord must give you a written Notice to Vacate. By law, this is a 3-day notice, though your lease may shorten this to as little as 1 day (Tex. Prop. Code § 24.005).
Delivery
The notice must be delivered in person, by mail, or by attaching it to the inside of the front door.
The Hearing
After the notice period ends, the landlord files a "Forcible Detainer" suit. You will be served with a citation to appear in court, usually within 10–21 days.
Right to Appeal
If you lose in court, you have 5 days to appeal the decision to the County Court.
04
SAFETY

Habitability and Repairs

The "Warranty of Habitability" in Texas is specific: the landlord must repair any condition that "materially affects the physical health or safety of an ordinary tenant" (Tex. Prop. Code § 92.052).

Conditions for Repair
To trigger the landlord's duty to repair, the tenant: - Must be current on rent.Must give the landlord notice of the condition (must be in writing if the lease is in writing).
Reasonable Time
The landlord is generally given 7 days to make the repair.
Repair and Deduct
This is a very difficult process in Texas. A tenant can only "repair and deduct" if they follow strict notice procedures and the repair is for a severe issue (like raw sewage or no potable water). The deduction is limited to one month's rent or $500, whichever is greater (Tex. Prop. Code § 92.0561).
Tenant Remedies
If a landlord fails to repair a health/safety issue after proper notice, a tenant can sue in Justice Court for a court order to repair, a reduction in rent, and a penalty of one month's rent plus $500 (Tex. Prop. Code § 92.0563).
05
NOTICE

Landlord Entry

Notice Period
Interestingly, Texas law does not require a specific notice period (like 24 or 48 hours) for a landlord to enter your home.
Lease Terms
Entry rights are almost entirely determined by your written lease. Most standard leases state that the landlord may enter for "reasonable business purposes" (repairs, inspections, showing the unit).
Quiet Enjoyment
Even though there is no "24-hour" law, tenants have a common-law right to "quiet enjoyment." If a landlord enters excessively or at unreasonable hours (e.g., 3:00 AM), they may be violating your rights.
06
SAFETY

Retaliation Protections

A landlord cannot punish you for exercising your legal rights as a tenant.

Protected Activities
If you complain to a government entity about a building code violation, request a repair for a health/safety issue, or join a tenant's union, the landlord cannot retaliate (Tex. Prop. Code § 92.331).
Presumption Period
If the landlord tries to evict you, increase your rent, or decrease services within 6 months of your complaint, it is legally presumed to be retaliation.
07
MONEY

Rent Control and Occupancy

Rent Control
Texas prohibits cities from enacting rent control. Landlords can raise the rent by any amount once your lease expires, provided they give the notice required in your lease (Tex. Local Gov't Code § 214.902).
Occupancy Limits
By default, Texas limits occupancy to three adults (18+) per bedroom in a dwelling (Tex. Prop. Code § 92.010).
08
SAFETY

Lockouts and Utility Shutoffs

Lockouts
A landlord can only change your locks for nonpayment of rent if your lease explicitly allows it and they follow a complex notice procedure. Even if they lock you out, they must give you a key within two hours of you asking for one, whether you pay the rent or not (Tex. Prop. Code § 92.0081).
Utilities
A landlord cannot cut off your water, wastewater, or gas for any reason. They can only cut off electricity if they follow extremely strict rules regarding nonpayment of an electric bill they provide to you (Tex. Prop. Code § 92.008).

Summary Table: Texas Tenant Rights

TopicRule in TexasStatute (Tex. Prop. Code)
Security Deposit Return30 Days§ 92.103
Notice to Vacate3 Days (can be 1 in lease)§ 24.005
Keyless DeadboltsMandatory (Landlord pays)§ 92.153
Repair Deadline7 Days (Presumed)§ 92.056
Retaliation Window6 Months§ 92.331
Landlord EntryLook at your leaseN/A

Disclaimer: This guide is for informational purposes and does not constitute legal advice. For specific disputes, consult a licensed Texas attorney or organizations like Texas Tenant Advisor or Texas RioGrande Legal Aid.

Summary

Quick reference table.

TopicRule in TexasStatute (Tex. Prop. Code)
Security Deposit Return30 Days§ 92.103
Notice to Vacate3 Days (can be 1 in lease)§ 24.005
Keyless DeadboltsMandatory (Landlord pays)§ 92.153
Repair Deadline7 Days (Presumed)§ 92.056
Retaliation Window6 Months§ 92.331
Landlord EntryLook at your leaseN/A
Cities with local protections

These Texas cities layer extra tenant protections on top of state law: Abilene, Addison, Allen, Alvin, Amarillo, Arlington, Austin, Beaumont, Brownsville, Bryan, Carrollton, Cedar Park, Clute, College Station, Commerce, Converse, Coppell, Corpus Christi, Corsicana, Cypress, Dallas, Deer Park, Denison, Denton, Donna, Edinburg, El Paso, Elgin, Farmers Branch, Fort Worth, Frisco, Gainesville, Galveston, Garland, Georgetown, Grand Prairie, Helotes, Houston, Huntsville, Hurst, Irving, Katy, Kemah, Killeen, Kingsville, Kingwood, La Porte, Lacy Lakeview, Laredo, Lewisville, Liberty Hill, Live Oak, Lubbock, Lufkin, Mcallen, Mckinney, Mesquite, Midland, Nacogdoches, New Braunfels, North Richland Hills, Odessa, Pasadena, Pflugerville, Plano, Prairie View, Richardson, Richwood, Rockwall, Round Rock, San Angelo, San Antonio, San Marcos, Sherman, Stephenville, Temple, Texarkana, Texas City, The Woodlands, Tyler, Universal City, Victoria, Waco, Wake Village, Waxahachie, Weatherford, Webster, Weslaco, Wichita Falls.

Common Questions

Frequently Asked

Security deposit limits in Texas are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Texas statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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