Texas Landlord-Tenant Law
The rules for renting in Texas — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Texas
- Security deposit limit
- No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113)
- Deposit return deadline
- On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a)
- Notice for unpaid rent
- At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a)
- Ending a month-to-month lease
- Either landlord or tenant may terminate by notice; for a monthly rent period the tenancy ends on the later of the date in the notice or one month after notice is given. Parties may agree otherwise in a signed instrument. Tex. Prop. Code Sec. 91.001
- Landlord entry notice
- No statute Tex. Prop. Code ch. 92
- Rent control / increase limits
- No statewide rent control. Cities may adopt rent control only if the governing body finds a housing emergency due to a disaster and the governor approves the ordinance. Tex. Local Gov't Code Sec. 214.902
Last verified against official sources: 2026-10-22
Security Deposits in Texas
| Security deposit limit | No statutory cap. Subchapter C regulates refunds but sets no maximum amount. A landlord may offer a fee in lieu of a security deposit (Sec. 92.111). |
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| Deposit return deadline | On or before the 30th day after the tenant surrenders the premises. Landlord is not obligated to return the deposit or give an itemization until the tenant gives a written statement of a forwarding address (Sec. 92.107). A lease requirement of advance notice of surrender as a condition of refund is enforceable only if underlined or in conspicuous bold print (Sec. 92.103(b)). Source: Tex. Prop. Code Sec. 92.103(a) |
| Itemized deductions | Required: written description and itemized list of all deductions, with the balance of the deposit. No deductions for normal wear and tear. Not required if the tenant owes rent at surrender and there is no dispute about the amount owed. Source: Tex. Prop. Code Sec. 92.104 |
| Interest on deposits | No statutory requirement to pay interest. No interest provision appears in Subchapter C. Source: Tex. Prop. Code ch. 92, subch. C |
| Penalty for withholding | Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees. Bad-faith failure to itemize: landlord forfeits the right to withhold any portion and to sue for damages, and owes attorney's fees. Failure to refund or itemize within 30 days is presumed bad faith. Landlord bears the burden of proving retention was reasonable (Sec. 92.109(c)). A tenant who in bad faith withholds last month's rent on the ground that the deposit covers it is liable for three times the rent withheld plus attorney's fees (Sec. 92.108). Source: Tex. Prop. Code Sec. 92.109 |
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Eviction in Texas
| Notice for unpaid rent | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. SB 38 (Acts 2025, 89th Leg., ch. 960), effective January 1, 2026, repealed former subsections (f)-(f-2) and (g)-(i). Notice must be delivered by mail (incl. first class, registered, certified, or delivery service), delivery to a conspicuous place inside the premises, hand delivery to a tenant 16 or older, or electronic means if agreed in writing; these method rules do not apply if the tenant actually receives the notice (Sec. 24.005(f-3), (f-4)). Federal notice requirements (e.g., CARES Act) do not delay filing but delay service of the writ (Sec. 24.005(c-1)). Source: Tex. Prop. Code Sec. 24.005(a) |
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| Notice for lease violations | Same 3-day written notice to vacate as for other defaults, unless the lease provides otherwise. No statutory right to cure. Source: Tex. Prop. Code Sec. 24.005(a) |
| Lockouts & utility shutoffs | Landlord may not intentionally exclude a tenant except by judicial process, with narrow exceptions including a lock change for rent delinquency if allowed by the lease and preceded by written notice (5 days if mailed, 3 days if hand-delivered/posted), and a new key must be available 24 hours a day regardless of payment. Remedy: possession or termination, plus one month's rent + $1,000, actual damages, costs and attorney's fees. Interrupting utilities (except for repairs, construction, emergency, or authorized submetered electric cutoffs) carries the same one month's rent + $1,000 remedy. Utility section: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.008. Submetered/allocated electricity may be cut for nonpayment only under the conditions in Sec. 92.008(h) and following. |
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Notice to Vacate in Texas
| Ending a month-to-month lease | Either landlord or tenant may terminate by notice; for a monthly rent period the tenancy ends on the later of the date in the notice or one month after notice is given. Parties may agree otherwise in a signed instrument. For rent periods shorter than a month, notice equal to the rent-paying period. Source: Tex. Prop. Code Sec. 91.001 |
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Landlord Entry in Texas
| Landlord entry notice | No statute Chapter 92 has no general notice-of-entry requirement; entry terms are governed by the lease. Source: Tex. Prop. Code ch. 92 |
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Repairs & Habitability in Texas
| Repair and deduct | Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). Tenant must be current on rent when notice is given, give notice to repair, then either a second written notice after a reasonable time or a first notice by certified/registered/tracked mail; 7 days is presumed a reasonable time to repair (Sec. 92.056(d)). Judicial remedies include an order to repair, rent reduction, a civil penalty of one month's rent + $500, actual damages and attorney's fees (Sec. 92.0563). |
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| Withholding rent | Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. Source: Tex. Prop. Code Sec. 92.058 |
| Retaliation protection | Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. Not retaliation if, e.g., tenant was delinquent in rent when notice was given or the suit filed (Sec. 92.332(b)). |
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Rent Increases & Late Fees in Texas
| Rent control / increase limits | No statewide rent control. Cities may adopt rent control only if the governing body finds a housing emergency due to a disaster and the governor approves the ordinance. |
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| Late fees | Allowed only if notice of the fee is in a written lease, the fee is reasonable, and rent remains unpaid two full days after the due date. Safe-harbor reasonable fee: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (buildings with more than 4 units), or more if it does not exceed the landlord's uncertain damages. Violation: $100 + three times the improper late fee + attorney's fees. Initial and daily fees combined count as a single late fee. Source: Tex. Prop. Code Sec. 92.019 |
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Breaking a Lease in Texas
| Ending a lease: domestic violence | Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a victim of certain sexual offenses or stalking within the prior 6 months (documentation or protective order). Tenant gives written notice of termination; release takes effect after 30 days have passed and the tenant moves out (no 30-day notice needed where a cotenant/occupant committed the family violence and an order or documentation is provided). Past-due rent remains owed unless the lease lacks the statutory notice sentence about these rights. Landlord violation: actual damages + one month's rent + $500 + attorney's fees. Not waivable. Information received under Sec. 92.0161 may not be disclosed except for a legitimate business purpose or as required by law. |
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| Ending a lease: military, medical, death | Military: a servicemember or dependent may terminate on entering military service, or on permanent change of station or deployment of 90+ days; written notice plus orders; for monthly-rent leases termination is effective 30 days after the next rent due date; prepaid rent refunded within 30 days; penalty one month's rent + $500 + damages and fees. Tenant death: representative of a deceased sole occupant may end the lease by written notice once property is removed; effective the later of 30 days after notice or when conditions are met. No statute for medical/disability or senior moves. A signed separate waiver of the military right is allowed only if the tenant moves into base housing or other housing within 30 miles, with exceptions (Sec. 92.017(j)). |
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Squatters & Abandoned Property in Texas
| Squatters / unauthorized occupants | Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. Acts 2025, 89th Leg., R.S., Ch. 817 (S.B. 1333), eff. Sept. 1, 2025. Chapter 24B does not limit an ordinary forcible entry and detainer suit or arrest for trespass (Sec. 24B.006). Penal Code text: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm. Tenants (current or former) must still be evicted under ch. 24 as amended by SB 38 (eff. Jan. 1, 2026). |
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| Belongings left behind | No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). Sec. 92.0081 and 92.014 are at https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm. Certain property is exempt from the lien (Sec. 54.042). Property removed when a writ of possession is executed is handled under Sec. 24.0061-24.0062. |
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Rental Fees in Texas
| Application / screening fees | No cap on application fees. Landlord must make printed tenant-selection criteria available with the application, and the applicant signs an acknowledgment; if the landlord rejects an applicant without having made the criteria available, it must refund the application fee and any application deposit. An applicant not accepted within 7 days is deemed rejected (application deposits refundable). Bad-faith failure to refund: $100 + 3 times the amount wrongfully retained + attorney's fees. No portable screening report law. Waivers in the rental application are void (Sec. 92.355). |
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| Other rental fees | No general statute limiting move-in, convenience or other rental fees or requiring total-cost-of-rent disclosure. Specific rules: late fees (limited by Sec. 92.019; tenant may request a written statement of late fees owed, Sec. 92.0191) and fees in lieu of a security deposit (Sec. 92.111). Checked the section list of ch. 92; no general fee-disclosure or junk-fee provision found. |
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Section 8, Records & Right to Counsel in Texas
| Section 8 / source of income | No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Local protections for veterans' income and voluntary voucher-incentive programs are still allowed. |
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| Right to a lawyer in eviction | No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. No right-to-counsel provision found in ch. 24. |
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Mold, Pests, Heat & AC in Texas
| Mold | No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Mold is handled under the general duty to repair: after written notice from a tenant who is current on rent, the landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Separately, the Occupations Code licenses professional mold assessors and remediators; an owner of residential property with fewer than 10 units (or its employee) may do its own mold assessment or remediation without a license. Occupations Code ch. 1958 text: https://tcss.legis.texas.gov/resources/OC/htm/OC.1958.htm. The repair duty does not cover conditions caused by the tenant, household members or guests (other than normal wear and tear). Some cities have housing codes with mold or moisture rules. |
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| Pests & bed bugs | No statute — the Property Code has no pest or bed-bug provision (no disclosure, inspection or treatment rule). An infestation is treated under the general repair duty if it materially affects the physical health or safety of an ordinary tenant and the tenant gave notice; the landlord has no duty to remedy conditions caused by the tenant, household or guests. Leases commonly allocate pest-control responsibility. Local housing codes may impose pest-control duties. |
| Heat | No statewide heat or minimum-temperature requirement. State law requires only a device supplying hot water of at least 120 degrees F. If the landlord agreed (expressly or impliedly) to furnish heating equipment that produces inadequate heat, and a local housing, building or health official has notified the landlord in writing that the lack of heat materially affects health or safety, the tenant may use the repair-and-deduct remedy if the landlord fails to repair within 3 days after the tenant's notice. Minimum indoor temperatures, where they exist, are set by city ordinances or housing codes. |
| Air conditioning | No statewide air-conditioning requirement or maximum indoor temperature. If the landlord agreed in the lease to furnish cooling equipment that is producing inadequate cooled air, and a local official has notified the landlord in writing that the lack of cooling materially affects health or safety, the tenant may repair and deduct if the landlord fails to repair within 3 days after notice. A landlord that submeters or allocates electricity may not cut off a tenant's electricity for nonpayment during a National Weather Service heat advisory for the county (that day or either of the two preceding days). Some cities (for example, Dallas) set cooling standards by ordinance. |
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Privacy, Guests & Animals in Texas
| Cameras & privacy | No landlord-specific statute. Criminal laws apply: it is a state jail felony to photograph or record, without consent and with intent to invade privacy, another person in a place where a person has a reasonable expectation of privacy, which the statute says includes a bathroom, bedroom and changing room; posting a sign does not establish consent. Intercepting oral, wire or electronic communications is a crime unless a party to the communication consents (one-party consent), so audio recording of tenants' conversations is restricted. Sec. 21.15 was amended by H.B. 1465 (Acts 2025, 89th Leg.), eff. Sept. 1, 2025. Sec. 16.02 text: https://tcss.legis.texas.gov/resources/PE/htm/PE.16.htm. Landlord entry rules are set by the lease; ch. 92 has no general notice-of-entry statute. |
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| Guests & occupants | State occupancy cap: a landlord may not allow more adults (18+) to occupy a dwelling than three times the number of bedrooms, except where a fair housing law requires more, or for up to one month for an adult seeking sanctuary from family violence. Neighbors within 3,000 feet (or a government or civic association) may sue to enjoin violations and recover $500 per violation plus fees. No statute defines when a guest becomes a tenant or gives roommate/additional-occupant rights; the lease governs. 'Bedroom' means an area intended as sleeping quarters, not a kitchen, dining room, bathroom, living room, utility room or closet. Ch. 92 separately defines an 'occupant' as a person with the landlord's consent to occupy who has no obligation to pay rent (Sec. 92.016). Source: Tex. Prop. Code Sec. 92.010 |
| Service & support animals (state law) | Texas law guarantees persons with disabilities equal access to rental housing and says a person with a service animal may not be charged extra compensation or a deposit for the animal, but is liable for damage the animal causes beyond reasonable wear and tear. The state definition of 'assistance animal'/'service animal' is limited to a specially trained or equipped dog. Knowingly misrepresenting an animal as an assistance or service animal is a misdemeanor punishable by a fine of up to $1,000 and 30 hours of community service. No state statute sets documentation rules for emotional support animals. Emotional support animals that are not trained dogs are not covered by the state definition, but may be a reasonable accommodation under the federal Fair Housing Act and the Texas Fair Housing Act. |
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How eviction works in Texas
Eviction cases are heard in: Justice court in the precinct where the property is located (appeal to county court).
- Written notice to vacate (at least 3 days unless lease says otherwise; pay-or-vacate form for first-time nonpayment) delivered by a method in Sec. 24.005(f-3)
- File sworn petition in justice court; landlord may include a sworn motion for summary disposition (Sec. 24.00505, 24.005106)
- Sheriff/constable must make a diligent effort to serve citation within 5 business days of filing; otherwise landlord may use another trained officer (Sec. 24.0051(f))
- Tenant may file a response to a summary disposition motion no later than the 4th day after service; trial is set 10-21 days after filing and not earlier than 4 days after service (Sec. 24.0051(g), 24.005106)
- Judgment; appeal to county court by bond, cash deposit, or statement of inability within 5 days after judgment is signed (Sec. 24.005107)
- Writ of possession may not issue before the 6th day after judgment (absent possession bond); officer serves it within 5 business days, posts a 24-hour warning, then executes (Sec. 24.0061)
Trial 10-21 days after the petition is filed (no earlier than 4 days after service; postponement no more than 7 days without written agreement). Under the rewritten Rule 510 (eff. Jan. 1, 2026), a written answer is not required; the tenant must appear at trial.
What surprises people about Texas rental law
- SB 38 (2025) overhauled eviction procedure effective January 1, 2026: summary disposition without trial, trial within 10-21 days of filing, 5-business-day service deadlines with private-officer fallback, and writ issuance made a ministerial act (Tex. Prop. Code ch. 24)
- Texas Supreme Court completely rewrote TRCP 510 as a standalone eviction rule for suits filed on or after January 1, 2026 (Misc. Docket No. 25-9096, as revised by Misc. Docket No. 25-9105 dated Dec. 31, 2025; https://www.txcourts.gov/media/1461822/259105.pdf). The rewritten rule appears in the Court's official Texas Rules of Civil Procedure compilation (last amended Oct. 1, 2026). Both orders are labeled preliminary approvals; as of October 2026 no separate final-approval order for Rule 510 appears in the Court's 2026 administrative orders, so later changes remain possible.
- Landlords may change the locks on a tenant behind on rent if the lease allows and advance notice is given, but must provide a new key 24 hours a day even if the tenant does not pay (Tex. Prop. Code Sec. 92.0081)
- Late fees cannot be charged until rent is two full days late (Tex. Prop. Code Sec. 92.019)
- No statute requires notice before a landlord enters (Tex. Prop. Code ch. 92)
- Landlord need not return the deposit until the tenant provides a written forwarding address (Tex. Prop. Code Sec. 92.107)
Federal law that also applies in Texas
These federal rules apply on top of Texas law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Texas
These cities add their own tenant protections on top of state law:
- Arlington landlord-tenant rules
- Austin landlord-tenant rules
- Dallas landlord-tenant rules
- El Paso landlord-tenant rules
- Fort Worth landlord-tenant rules
- Houston landlord-tenant rules
- San Antonio landlord-tenant rules
Eviction by county in Texas
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Harris County (Houston)
- Eviction in Dallas County (Dallas)
- Eviction in Tarrant County (Fort Worth)
- Eviction in Bexar County (San Antonio)
- Eviction in Travis County (Austin)
- Eviction in Collin County (Plano/McKinney)
- Eviction in Denton County (Denton)
- Eviction in El Paso County (El Paso)
- Eviction in Hidalgo County (McAllen/Edinburg)
- Eviction in Williamson County (Round Rock/Georgetown)
- Eviction in Montgomery County (Conroe/The Woodlands)
- Eviction in Fort Bend County (Sugar Land/Richmond)
- Eviction in Bell County (Killeen/Temple)
- Eviction in Lubbock County (Lubbock)
- Eviction in Nueces County (Corpus Christi)
- Eviction in Brazos County (Bryan/College Station)
- Eviction in Cameron County (Brownsville/Harlingen)
- Eviction in Galveston County (League City/Galveston)
- Eviction in McLennan County (Waco)
- Eviction in Hays County (San Marcos/Kyle)
- Eviction in Jefferson County (Beaumont/Port Arthur)
- Eviction in Brazoria County (Pearland/Angleton)
- Eviction in Webb County (Laredo)
For landlords
How to evict a tenant in Texas — steps, cost, timeline and forms.
Common Texas questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Texas compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Texas | No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113) | On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a) | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a) |
| Arkansas | Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Ark. Code Ann. §§ 18-16-303, 18-16-304 | Within 60 days after the tenant moves out. Ark. Code Ann. § 18-16-305 | For a civil unlawful detainer, the landlord must give three days' written notice to vacate before filing. Ark. Code Ann. § 18-60-304 |
| Louisiana | No statutory cap La. R.S. 9:3251-3254 | Within one month after the lease terminates. If the landlord keeps any part, the itemized statement is due within one month after the tenancy ends. As of Aug. 1, 2026, the landlord may instead send it within an additional 15 days after that one-month date. La. R.S. 9:3251(A), as amended by Acts 2026, No. 63 (HB 292), eff. Aug. 1, 2026 | Written notice to vacate giving at least 5 days from delivery. Saturdays, Sundays and legal holidays are not counted in a period this short, so in practice the tenant gets 5 business days. The lease may waive the notice, and many standard leases do. La. C.C.P. arts. 4701, 5059(C)(3); La. R.S. 1:55(E); La. C.C. art. 2704 |
| New Mexico | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A) | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C) | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D) |
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131 |
Texas landlord-tenant FAQ
How much can a landlord charge for a security deposit in Texas?
No statutory cap. (Tex. Prop. Code ch. 92, subch. C (92.101-92.113))
How long does a landlord have to return a security deposit in Texas?
On or before the 30th day after the tenant surrenders the premises. (Tex. Prop. Code Sec. 92.103(a))
Does a landlord have to pay interest on a security deposit in Texas?
No statutory requirement to pay interest. (Tex. Prop. Code ch. 92, subch. C)
Does a landlord in Texas have to give an itemized list of deposit deductions?
Required: written description and itemized list of all deductions, with the balance of the deposit. No deductions for normal wear and tear. Not required if the tenant owes rent at surrender and there is no dispute about the amount owed. (Tex. Prop. Code Sec. 92.104)
What happens if a landlord in Texas wrongfully keeps a security deposit?
Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees. Bad-faith failure to itemize: landlord forfeits the right to withhold any portion and to sue for damages, and owes attorney's fees. Failure to refund or itemize within 30 days is presumed bad faith. (Tex. Prop. Code Sec. 92.109)
How much notice does a landlord have to give before evicting for unpaid rent in Texas?
At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. (Tex. Prop. Code Sec. 24.005(a))
How much notice is required to evict for a lease violation in Texas?
Same 3-day written notice to vacate as for other defaults, unless the lease provides otherwise. No statutory right to cure. (Tex. Prop. Code Sec. 24.005(a))
How much notice is needed to end a month-to-month lease in Texas?
Either landlord or tenant may terminate by notice; for a monthly rent period the tenancy ends on the later of the date in the notice or one month after notice is given. Parties may agree otherwise in a signed instrument. (Tex. Prop. Code Sec. 91.001)
Can a landlord enter without notice in Texas?
No statute (Tex. Prop. Code ch. 92)
Is there a limit on late fees in Texas?
Allowed only if notice of the fee is in a written lease, the fee is reasonable, and rent remains unpaid two full days after the due date. Safe-harbor reasonable fee: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (buildings with more than 4 units), or more if it does not exceed the landlord's uncertain damages. (Tex. Prop. Code Sec. 92.019)
Can a tenant repair and deduct from rent in Texas?
Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). (Tex. Prop. Code Sec. 92.0561; Sec. 92.056)
Can a tenant withhold rent for repairs in Texas?
Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. (Tex. Prop. Code Sec. 92.058)
Can a landlord retaliate against a tenant for complaining in Texas?
Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. (Tex. Prop. Code Sec. 92.331; 92.332; 92.333)
Is there rent control or a limit on rent increases in Texas?
No statewide rent control. Cities may adopt rent control only if the governing body finds a housing emergency due to a disaster and the governor approves the ordinance. (Tex. Local Gov't Code Sec. 214.902)
Can a landlord change the locks or shut off utilities in Texas?
Landlord may not intentionally exclude a tenant except by judicial process, with narrow exceptions including a lock change for rent delinquency if allowed by the lease and preceded by written notice (5 days if mailed, 3 days if hand-delivered/posted), and a new key must be available 24 hours a day regardless of payment. Remedy: possession or termination, plus one month's rent + $1,000, actual damages, costs and attorney's fees. Interrupting utilities (except for repairs, construction, emergency, or authorized submetered electric cutoffs) carries the same one month's rent + $1,000 remedy. (Tex. Prop. Code Sec. 92.0081; Sec. 92.008)
What is the small claims court limit in Texas for a deposit dispute?
$20,000 (justice court civil jurisdiction, exclusive of interest). (Tex. Gov't Code Sec. 27.031(a)(1))
How do you remove a squatter in Texas?
Since Sept. 1, 2025 (SB 1333), the owner of residential property (or agent) may file a sworn complaint in a statutory form with the county sheriff or constable asking for immediate removal of a person who unlawfully entered and is occupying a dwelling without consent, if the property was not open to the public when the person entered, there is no pending litigation between owner and occupant, the owner has told the person to leave, and the person is not a current or former tenant or an immediate family member. After verifying the complainant is the record owner, the officer serves a notice to immediately vacate (hand delivery or posting on the front door) and puts the owner in possession; the officer may stand by (hourly fee) while locks are changed and belongings are placed at the property line. Fee equals the writ-of-possession fee. A person wrongfully removed may sue for possession, actual damages, exemplary damages of three times fair market rent, costs and attorney's fees. Presenting a fake lease or deed to stay on property is a Class A misdemeanor; listing or renting property without authority is a first-degree felony. (Tex. Prop. Code ch. 24B (24B.001-24B.006); Tex. Penal Code Sec. 32.56 (as added by SB 1333), 32.57)
What can a landlord do with a tenant's abandoned property in Texas?
No general abandoned-property procedure; the lease largely governs. A landlord may remove the contents of premises abandoned by a tenant (an exception to the lockout ban). Seizure of property for unpaid rent under the landlord's lien requires an underlined/bold lien clause in a written lease, a peaceful seizure, a notice and itemized list left in the unit, and before any sale at least 30 days' notice by first-class and certified mail; surplus proceeds go to the tenant within 30 days. Deceased sole tenant: landlord may remove and store property and may discard it if the designated contact fails to remove it within 30 days after a certified-mail request (unless the lease sets another procedure). (Tex. Prop. Code Sec. 92.0081(b)(2); 54.041-54.046; 92.014)
Is there a limit on rental application fees in Texas?
No cap on application fees. Landlord must make printed tenant-selection criteria available with the application, and the applicant signs an acknowledgment; if the landlord rejects an applicant without having made the criteria available, it must refund the application fee and any application deposit. An applicant not accepted within 7 days is deemed rejected (application deposits refundable). Bad-faith failure to refund: $100 + 3 times the amount wrongfully retained + attorney's fees. No portable screening report law. (Tex. Prop. Code Sec. 92.351-92.355)
What rental fees are banned or limited in Texas?
No general statute limiting move-in, convenience or other rental fees or requiring total-cost-of-rent disclosure. Specific rules: late fees (limited by Sec. 92.019; tenant may request a written statement of late fees owed, Sec. 92.0191) and fees in lieu of a security deposit (Sec. 92.111). (Tex. Prop. Code ch. 92 (Sec. 92.019, 92.0191, 92.111))
Can a domestic violence survivor break a lease in Texas?
Yes. A tenant may end the lease and avoid future rent if the tenant or an occupant is a victim of family violence (protective order or documentation from a licensed health care or mental health provider or a family violence advocate), or if the tenant or the tenant's resident child is a victim of certain sexual offenses or stalking within the prior 6 months (documentation or protective order). Tenant gives written notice of termination; release takes effect after 30 days have passed and the tenant moves out (no 30-day notice needed where a cotenant/occupant committed the family violence and an order or documentation is provided). Past-due rent remains owed unless the lease lacks the statutory notice sentence about these rights. Landlord violation: actual damages + one month's rent + $500 + attorney's fees. Not waivable. (Tex. Prop. Code Sec. 92.016; 92.0161)
When can a tenant break a lease without penalty in Texas?
Military: a servicemember or dependent may terminate on entering military service, or on permanent change of station or deployment of 90+ days; written notice plus orders; for monthly-rent leases termination is effective 30 days after the next rent due date; prepaid rent refunded within 30 days; penalty one month's rent + $500 + damages and fees. Tenant death: representative of a deceased sole occupant may end the lease by written notice once property is removed; effective the later of 30 days after notice or when conditions are met. No statute for medical/disability or senior moves. (Tex. Prop. Code Sec. 92.017; 92.0162)
Can a landlord refuse Section 8 vouchers in Texas?
No. There is no statewide source-of-income protection, and cities and counties are barred from adopting ordinances that prohibit refusing a tenant because the tenant's income includes federal housing assistance (e.g., Section 8 vouchers). Local protections for veterans' income and voluntary voucher-incentive programs are still allowed. (Tex. Local Gov't Code Sec. 250.007)
Do tenants have a right to a free lawyer in eviction cases in Texas?
No statewide right to counsel in eviction cases. In justice court, parties may represent themselves or be represented by authorized agents who need not be attorneys. (Tex. Prop. Code ch. 24; Sec. 24.011)
What does a Texas notice to pay rent or quit have to include?
Written notice to vacate at least 3 days before filing, unless the written lease sets a shorter or longer period. If the tenant was not late before the month of the notice, it must be a notice to pay rent or vacate; otherwise either a pay-or-vacate notice or a notice to vacate may be used. Delivery by at least one of: mail (first-class, registered, certified, or delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or e-mail/electronic means if agreed in writing. The delivery rules do not apply if the tenant actually receives the notice. Where federal law requires longer notice (e.g., CARES Act), filing is not delayed but the writ cannot be served until the federal period has run. No statutory required wording beyond the pay-or-vacate form. (Tex. Prop. Code Sec. 24.005(a), (c-1), (e), (f-3), (f-4))
What does a Texas notice to end a month-to-month tenancy have to include?
Either party may end a month-to-month tenancy by notice; the tenancy ends on the later of the date stated in the notice or one month after notice is given (for shorter rent periods, a full rent period). No statutory wording or delivery method; parties may agree in a signed instrument to a different notice period or none. Before filing a holdover eviction, the landlord must also give the 3-day notice to vacate under Sec. 24.005, delivered by an (f-3) method. (Tex. Prop. Code Sec. 91.001; 24.005(a), (f-3))
What must a Texas security deposit itemization include?
Landlord must give the tenant the balance of the deposit with a written description and itemized list of all deductions (no deductions for normal wear and tear), within 30 days after surrender. Not required if the tenant owed rent at move-out and the amount is undisputed. Landlord need not refund or itemize until the tenant gives a written forwarding address. Refund/accounting is presumed timely if mailed and postmarked by the deadline; may be sent by e-mail if the parties have previously communicated by e-mail. (Tex. Prop. Code Sec. 92.103, 92.104, 92.1041, 92.107, 92.113)
How long does a landlord have to sue for unpaid rent in Texas?
4 years. A suit on a debt (such as unpaid rent) must be brought within four years after the cause of action accrues; the residual limitations period for actions with no express period is also four years. The same 4-year period applies to written and oral leases. A lease may not shorten the period to less than two years. (Tex. Civ. Prac. & Rem. Code Sec. 16.004(a)(3), 16.051, 16.070)
Can a landlord accept rent during an eviction in Texas?
No statute — the Property Code eviction chapter (ch. 24) and residential tenancy chapter (ch. 92) do not say whether accepting full or partial rent after a notice to vacate waives the eviction. The question is governed by the lease (many leases contain a non-waiver clause) and by common-law waiver principles applied by the courts. (Tex. Prop. Code ch. 24 and ch. 92 (checked))
Can you be evicted in the winter in Texas?
No state winter moratorium on evictions. Limited utility rule: a landlord who submeters or allocates electricity may not cut off a tenant's electric service for nonpayment on a day when the previous day's high did not exceed 32 degrees F and the temperature is predicted to stay at or below 32 for the next 24 hours, or when the National Weather Service has issued a heat advisory for the county that day or either of the two preceding days. Otherwise a landlord may not interrupt tenant-paid utilities, or water, wastewater, gas or electricity it furnishes, except for bona fide repairs, construction or emergency (tenant remedies: possession or termination, actual damages, one month's rent plus $1,000, fees). (Tex. Prop. Code Sec. 92.008(a), (b), (f), (h)-(j))
Can a landlord give notice by text or email in Texas?
Since Jan. 1, 2026, a notice to vacate (or notice to pay rent or vacate) must be delivered by at least one of: (1) mail, including first-class, registered or certified mail or a delivery service; (2) delivery to the inside of the premises in a conspicuous place; (3) hand delivery to any tenant 16 or older; or (4) electronic communication, including e-mail, if the parties have agreed in writing. These method rules do not apply if the tenant actually receives the notice. Separately, security-deposit notices may be sent by e-mail if the parties have previously communicated by e-mail. (Tex. Prop. Code Sec. 24.005(f-3), (f-4); 92.113)
How much notice is required for a rent increase in Texas?
No statute — Texas law sets no advance-notice requirement for rent increases; the lease controls. A month-to-month tenancy can be terminated (and so in practice changed) on at least one month's notice unless the parties agreed otherwise in a signed instrument. Cities may not adopt rent control except in a declared housing disaster. (Tex. Prop. Code Sec. 91.001 (month-to-month notice); ch. 92 (checked); Tex. Local Gov't Code Sec. 214.902)
Does a landlord have to give a copy of the lease in Texas?
Yes. The landlord must give at least one complete copy of the lease to at least one tenant-party within 3 business days after all parties sign, and to any other co-tenant within 3 business days after a written request. Paper, electronic (if the tenant requests) or e-mail (if the parties have e-mailed about the lease) is allowed. Failure does not void the lease, but a court must abate a landlord's suit to enforce the lease (other than for nonpayment of rent) until a copy is provided. Ownership/management disclosure: on request (or in the lease or posted), the landlord must disclose the record owner's name and address and any off-site management company's name and street address, within 7 days of the tenant's request. (Tex. Prop. Code Sec. 92.024; 92.201-92.202)
What are tenants' rights in a foreclosure in Texas?
If a building is bought at a tax foreclosure sale or trustee's foreclosure sale under a lien superior to the lease, and the residential tenant timely pays rent and is not otherwise in default, the purchaser must give at least 30 days' written notice to vacate if it chooses not to continue the lease. Rent is timely if, in the month of sale, the tenant paid the landlord before receiving notice that a sale was scheduled, or pays the lienholder/purchaser within 5 days after receiving written notice of the purchaser's name and address requesting payment. A foreclosing lienholder may notify tenants before the sale. A tenant who holds over after foreclosure is a tenant at sufferance. (Tex. Prop. Code Sec. 24.005(b); 24.002(a)(2))
Does a landlord have to fix mold in Texas?
No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Mold is handled under the general duty to repair: after written notice from a tenant who is current on rent, the landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Separately, the Occupations Code licenses professional mold assessors and remediators; an owner of residential property with fewer than 10 units (or its employee) may do its own mold assessment or remediation without a license. (Tex. Prop. Code Sec. 92.052; Tex. Occ. Code ch. 1958 (Sec. 1958.102))
Who pays for pest control and bed bugs in Texas?
No statute — the Property Code has no pest or bed-bug provision (no disclosure, inspection or treatment rule). An infestation is treated under the general repair duty if it materially affects the physical health or safety of an ordinary tenant and the tenant gave notice; the landlord has no duty to remedy conditions caused by the tenant, household or guests. Leases commonly allocate pest-control responsibility. (Tex. Prop. Code Sec. 92.052 (ch. 92 checked))
Does a landlord have to provide heat in Texas?
No statewide heat or minimum-temperature requirement. State law requires only a device supplying hot water of at least 120 degrees F. If the landlord agreed (expressly or impliedly) to furnish heating equipment that produces inadequate heat, and a local housing, building or health official has notified the landlord in writing that the lack of heat materially affects health or safety, the tenant may use the repair-and-deduct remedy if the landlord fails to repair within 3 days after the tenant's notice. (Tex. Prop. Code Sec. 92.052(a)(3)(B); 92.0561(d)(3)(C))
Does a landlord have to provide air conditioning in Texas?
No statewide air-conditioning requirement or maximum indoor temperature. If the landlord agreed in the lease to furnish cooling equipment that is producing inadequate cooled air, and a local official has notified the landlord in writing that the lack of cooling materially affects health or safety, the tenant may repair and deduct if the landlord fails to repair within 3 days after notice. A landlord that submeters or allocates electricity may not cut off a tenant's electricity for nonpayment during a National Weather Service heat advisory for the county (that day or either of the two preceding days). (Tex. Prop. Code Sec. 92.0561(d)(3)(C); 92.008)
What can a landlord deduct from a deposit for cleaning or damage in Texas?
Defined by statute: deterioration that results from the intended use of the dwelling (including breakage or malfunction due to age or deteriorated condition for repair purposes), but not deterioration resulting from negligence, carelessness, accident or abuse of the premises, equipment or furnishings by the tenant, household members or guests. A landlord may not keep any part of a security deposit to cover normal wear and tear, and must itemize deductions in writing. The statute does not list specific cleaning, painting or carpet charges; those are judged against the wear-and-tear definition and the lease. (Tex. Prop. Code Sec. 92.001(4); 92.104)
Can a landlord put cameras in or around a rental in Texas?
No landlord-specific statute. Criminal laws apply: it is a state jail felony to photograph or record, without consent and with intent to invade privacy, another person in a place where a person has a reasonable expectation of privacy, which the statute says includes a bathroom, bedroom and changing room; posting a sign does not establish consent. Intercepting oral, wire or electronic communications is a crime unless a party to the communication consents (one-party consent), so audio recording of tenants' conversations is restricted. (Tex. Penal Code Sec. 21.15; 16.02)
Can a landlord limit guests or roommates in Texas?
State occupancy cap: a landlord may not allow more adults (18+) to occupy a dwelling than three times the number of bedrooms, except where a fair housing law requires more, or for up to one month for an adult seeking sanctuary from family violence. Neighbors within 3,000 feet (or a government or civic association) may sue to enjoin violations and recover $500 per violation plus fees. No statute defines when a guest becomes a tenant or gives roommate/additional-occupant rights; the lease governs. (Tex. Prop. Code Sec. 92.010)
Can a landlord deny a service or emotional support animal in Texas?
Texas law guarantees persons with disabilities equal access to rental housing and says a person with a service animal may not be charged extra compensation or a deposit for the animal, but is liable for damage the animal causes beyond reasonable wear and tear. The state definition of 'assistance animal'/'service animal' is limited to a specially trained or equipped dog. Knowingly misrepresenting an animal as an assistance or service animal is a misdemeanor punishable by a fine of up to $1,000 and 30 hours of community service. No state statute sets documentation rules for emotional support animals. (Tex. Hum. Res. Code Sec. 121.002, 121.003(g)-(h), 121.006)
Official resources for Texas
- Texas Property Code ch. 92 (Residential Tenancies)
- Texas Property Code ch. 24 (Eviction)
- Supreme Court of Texas Misc. Docket No. 25-9096 (rewritten Rule 510)
- Supreme Court of Texas Misc. Docket No. 25-9105 (amended order revising Rule 510, Dec. 31, 2025)
- Texas Rules of Civil Procedure (official compilation, last amended Oct. 1, 2026)
- Texas Attorney General: Renter's Rights (consumer guide; note it still gives a $10,000 limit for justice-court repair orders, while Tex. Prop. Code § 92.0563(e) now sets $20,000)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.