At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | No statutory limit | Landlord may charge any amount |
| Rent control? | No (preemption law) | State law prohibits local rent control ordinances |
| Required notice to raise rent? | 30 days | For month-to-month tenancies (unless lease specifies otherwise) |
| Lease required in writing? | No | Oral leases are enforceable, but written leases are strongly recommended |
| Landlord entry notice? | No statute | No specific notice requirement; reasonable notice implied |
Security Deposits
Texas does not impose a statutory limit on security deposit amounts. Landlords may charge any amount, though most charge one to two months' rent.
Landlords must return the security deposit within 30 days of the tenant surrendering the premises and providing a forwarding address. If deductions are made, the landlord must provide a written description and itemized list of all deductions. The refund and statement must be mailed to the tenant's forwarding address.
If the tenant does not provide a forwarding address, the landlord's 30-day deadline does not begin until one is received. However, the landlord must still retain the deposit and any itemized statement.
cite: Tex. Prop. Code § 92.103
Eviction Procedures
Texas requires landlords to follow the legal eviction process. Self-help evictions, including changing locks (except under specific lease provisions), removing property, or shutting off utilities, are prohibited.
Notice Requirements
- 3-Day Notice to Vacate (Nonpayment): Landlords must give tenants at least 3 days' written notice to vacate for nonpayment of rent, unless the lease provides for a shorter or longer period
- 3-Day Notice to Vacate (Lease Violation): For other lease violations, a 3-day notice to vacate is typically required unless the lease specifies otherwise
- 30-Day Notice (No Cause): For month-to-month tenancies, either party may terminate with 30 days' written notice unless the lease provides a different period
After the notice period expires, the landlord may file a Forcible Entry and Detainer (eviction) suit in Justice Court.
cite: Tex. Prop. Code § 24.005
Rent Control
Texas does not have any form of statewide rent control. State law preempts local governments from enacting rent control ordinances. No city or county in Texas may impose limits on the amount of rent a landlord may charge.
Landlords may raise rent by any amount with proper notice. For month-to-month tenancies, 30 days' notice is typically required. During a fixed-term lease, rent cannot be increased unless the lease specifically allows for adjustments.
cite: Tex. Prop. Code § 214.902
Lease Agreements
Texas does not require a written lease agreement. Oral leases are legally enforceable, though written leases provide clearer protections for both parties. Leases for more than one year must be in writing under the Statute of Frauds.
Required Disclosures
Texas landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties, federal requirement)
- Owner/agent identification: The name and address of the property owner and management company must be disclosed
- Security device requirements: Landlords must provide and maintain specific security devices (deadbolts, window latches, peepholes, sliding door locks)
- Flooding history: Landlords must disclose if the property is located in a 100-year floodplain or has flooded at least once in the past 5 years
- Smoke detectors: Landlords must provide working smoke detectors
cite: Tex. Prop. Code § 92.056
Tenant Rights
Texas provides the following protections for tenants:
- Habitability: Landlords must make diligent efforts to repair conditions that materially affect the physical health or safety of an ordinary tenant, provided the tenant gives proper notice
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, including requesting repairs, reporting code violations, or participating in tenant organizations
- Discrimination protection: Federal and state fair housing laws prohibit discrimination based on race, color, religion, sex, national origin, disability, and familial status
- Security devices: Tenants have the right to request the installation or rekeying of security devices at the landlord's expense (with some exceptions)
- Repair and deduct: Tenants may pursue specific remedies if the landlord fails to make required repairs after proper notice, including repair-and-deduct, rent reduction, or lease termination