Texas Landlord-Tenant Rights: A Guide for Landlords

Texas gives landlords considerable flexibility, but chapter 92 of the Texas Property Code still sets firm duties for residential rentals. Many of these rules cannot be waived in a lease, and violations can lead to penalties, attorney fees and lost cases.

This guide covers the topics that come up most in daily management. It is general information, not legal advice. Cities can add rules on topics such as code enforcement and registration, so confirm local requirements and work with a Texas attorney on specific questions.

Repairs and habitability

Texas requires landlords to make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant. The duty generally applies when:

• The tenant gives notice to the person or place where rent is normally paid
• The tenant is current on rent at the time of the notice
• The condition was not caused by the tenant, a household member or a guest, other than normal wear and tear

The law presumes that seven days is a reasonable time to repair in many cases, depending on the nature of the problem and the availability of materials and labor. Some leases require repair requests in writing, and a written request is always the better record.

If the landlord fails to act after proper notice, the tenant may have remedies such as ending the lease, repairing and deducting within a statutory cap, or going to court for an order and damages. These remedies have strict procedural steps. A consistent work order process and TenantLoop work orders help you document every request and response.

Security devices and smoke alarms

Chapter 92 has detailed rules on security devices. Landlords generally must provide keyed deadbolts on exterior doors, door viewers, keyless bolting devices, and pin locks and handle latches or security bars on sliding glass doors. Locks must be rekeyed within a short period after each tenant turnover, at the landlord’s expense.

Landlords must also install working smoke alarms and test them at the start of each tenancy, and tenants can request repairs or replacement during the lease.

Entry and privacy

Texas does not have a statute requiring a specific notice period before a landlord enters a rental. The lease controls, so it should spell out when and how you will enter for repairs, inspections and showings. Giving reasonable advance notice, except in emergencies, reduces conflict and supports a claim that you acted in good faith.

Security deposits in brief

Texas does not cap the amount of a security deposit. The landlord must refund the deposit, with a written list of any deductions, within 30 days after the tenant surrenders the unit, once the tenant has provided a forwarding address. For details, see our Texas security deposit laws guide.

Retaliation and discrimination

A landlord may not retaliate against a tenant who, in good faith, requests repairs, exercises a legal right under the lease or law, complains to a government agency or joins a tenant organization. Retaliation can include filing an eviction, raising rent, reducing services or ending the lease. The protection generally lasts for six months after the tenant’s protected action, with exceptions for legitimate grounds such as unpaid rent.

Fair housing protections come from the federal Fair Housing Act and the Texas Fair Housing Act, which cover race, color, religion, sex, national origin, disability and familial status. Texas law does not make housing voucher use a protected class statewide, and it limits cities from requiring landlords to accept vouchers. Apply the same written criteria to every applicant, as described in our tenant screening guide.

Required disclosures and lease terms

Texas leases and landlords must address several required items, including:

• Ownership and management information, which must be disclosed to tenants on request
• A flood disclosure stating whether the landlord knows the unit is in a 100-year floodplain and whether it has flooded within the last five years
• Notice of the tenant’s right to end the lease early in cases of family violence, certain sex offenses and stalking
• Lead-based paint disclosures for housing built before 1978 (federal requirement)
• Late fee terms, if you charge them

Late fees must be included in a written lease, must be reasonable and cannot be charged until rent remains unpaid two full days after the due date. A fee is presumed reasonable if it stays within 12 percent of monthly rent for buildings with four or fewer units, or 10 percent for buildings with more than four units, or if it reflects the landlord’s reasonable estimate of damages. Our Texas rent control guide covers rent increases.

Tip: Review your lease template each year after the legislative session. Missing required language can weaken your position in a dispute.

Ending a tenancy

A fixed-term lease ends on its stated date unless it renews automatically under its own terms. A month-to-month tenancy generally requires at least one month’s written notice from either party, unless the parties agree otherwise in writing. Tenants who are victims of family violence, certain sex offenses or stalking, and service members who receive qualifying orders, may end a lease early by following the statutory steps.

If a tenant abandons the unit early without a legal right to do so, the landlord has a duty to mitigate damages by trying to re-rent the unit. For removal of a tenant who will not leave, see our Texas eviction process guide.

Verify current law

Texas landlord-tenant law changes with each legislative session, and cities can add code enforcement, registration and inspection rules. Federal rules apply to subsidized housing. Before acting, confirm the current statute text, check local ordinances and consult a Texas attorney.

Related reading: California landlord-tenant rights, the definitions of lessor and lessee, our lease agreement guide and our tenant retention guide. TenantLoop communication tools keep a written record of notices and repair conversations.