Texas Landlord Tenant Rights: Rules, Laws, & Regulations

jacob-thomason Updated on June 19, 2025 47 views 0

Understanding your rights as a landlord or tenant in Texas is essential for a smooth rental experience.

From screening tenants and increasing rent to requesting repairs and ensuring safe living conditions, both parties have clear responsibilities under Texas law. 

This guide breaks down key landlord-tenant rights in Texas, eviction rules, lease termination processes, and dispute resolution methods—all based on official Texas Property Code statutes. 

Whether you’re renting out a home or moving into one, knowing these laws helps you avoid legal issues and protect your rights.

What are Landlords’ and Tenants’ Rights in Texas? 

What Rights Do Landlords Have in Texas?

Landlords in Texas have clear rights to help them lease their rental apartments efficiently, including: 

Screen a Tenant

Screening a tenant is a crucial step for landlords to prevent leasing their property to the wrong tenant. Otherwise, they risk legal troubles. That’s why Tex. Prop. Code § 92.3515 enables landlords to review rental applicants based on criminal history, previous rental history, current income, or credit history. 

An application fee isn’t required, but a small, non-refundable fee (typically between $15 to $50) may be charged to cover costs incurred during the screening process.  

Increase Rent

There’s no law limiting how much a landlord can raise rent in Texas. However, they can’t increase rent during a lease. For month-to-month tenants, they must give a 30-day notice in writing. This helps tenants adjust their budgets before the new rent comes into effect. 

Evict a Tenant

An owner can evict a tenant for violating any of the following lease terms:

• Delay in rent payment
• Damaging the property beyond normal wear and tear
• Endangering the health and safety of other tenants or neighbors, such as drug consumption or violent conduct
• Occupying the property after the lease has expired, without a renewal agreement, or the landlord’s consent—called “holding over”
• Illegal subletting

Tex. Prop. Code § 24.005 requires a landlord to first give the tenant a 3-day notice to vacate, unless the rental agreement provides for a shorter or longer notice period, and then file a Forcible Detainer Suit with the court. 

Ask for Any Security Deposit Amount

Texas doesn’t limit how much a landlord can charge for a security deposit. Generally, landlords charge 1 month’s rent for unfurnished units, and up to 2 months’ rent for furnished ones. 

Right to Enter

Landlords can always enter a rental unit after informing the tenant well ahead of time or when there’s an imminent danger to the occupant’s life or dwelling. 

What Rights Do Tenants Have in Texas? 

Tenants have important rights to ensure they live in a safe and fair rental home. These rights protect their comfort, safety, and privacy while renting. 

Here’s what tenants need to know:

Peace and Quiet

In Texas, tenants have the right to enjoy their rental homes peacefully and quietly. This means the landlord cannot interfere without a legal reason, such as bona fide repairs, construction, or an emergency. Tenants should feel safe and undisturbed in their personal space, and any disruptions must follow the law to protect their comfort and privacy. 

Safe Living Environment

Landlords must ensure the dwelling is liveable, has working utilities, good sanitation, and a solid structure. Meeting these requirements keeps occupants safe, comfortable, and happy, free from hazards or major issues. 

Request Repairs

Tenants can legally request major repairs that materially affect their physical health or safety, as long as the repair cost doesn’t exceed $20,000. They can go to justice court without an attorney to obtain an order directing the landlord to take reasonable action to repair or remedy the condition to avoid a civil penalty of 1 month’s rent, plus $500. 

Pre-Installed Security Devices

Every rental household must have critical security devices pre-installed at the landlord’s expense, according to Tex. Prop. Code § 92.153. These include:

• Window latch on each exterior window
• Door knob lock or keyed deadbolt on each exterior door
• Sliding door pin lock on each exterior sliding glass door
• Sliding door handle latch or a sliding door security bar on each exterior sliding glass door
• Keyless bolting device and a door viewer on each exterior door

No Charges for Normal Wear and Tear

Landlords cannot charge tenants for normal wear and tear on the property, which is expected with time and regular living. This includes faded paint, worn carpets, and loose door handles, to name a few.  

Access to Utilities

A landlord may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant, unless the interruption results from bona fide repairs, construction, or an emergency, per Tex. Prop. Code § 92.008.   

Make Physical Modifications for Disabilities

Tenants can make disability-related modifications to the housing in order to use it, like adding a ceiling fan or removing carpeting. They must get the landlord’s approval in writing, although there may be exceptions for modifications at the tenant’s expense. 

Invite Guests or Visitors

Tenants can welcome family members, friends, or other guests into their home, subject to the lease terms.   

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What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in Texas?

Legal Termination Procedure in Texas

Ending a lease early in Texas comes with certain rules. Whether a tenant is moving for a new job or facing personal issues, it’s important to follow the proper steps. This helps avoid penalties and keeps things clear with the landlord.

Notice Requirements

• Week-to-Week Leases: 7 days
• Month-to-Month Leases: 30 days
• Quarterly Leases: No statutes, but a 30-day notice is recommended
• Yearly Leases: No statutes, but a 30-day notice is recommended
• Fixed-Term Leases: No notice requirements

Justified Reasons to Break a Lease in Texas

• Active military members protected under the Servicemembers Civil Relief Act (SCRA)
• Unsafe living conditions that violate the tenant’s fundamental right
• Landlord harassment or privacy violations, such as entering the property without permission
• Domestic violence, stalking, sexual or elder abuse, assault
• Demise
• Serious health issues, especially with senior citizens
• Lease violations
• Failure to provide mandatory disclosures

Unjustified Reasons to Break a Lease in Texas

• House upsizing or downsizing
• New house purchase
• Relocating for a new school or job
• Shifting to be closer to a family member or close friend
• Separation from the partner
• Marriage

Notice Delivery 

The early lease termination notice can be delivered via:

• In-person
• Certified mail, registered mail, or regular mail
• Posting inside or outside the unit’s front door
• Leaving at the front gate

Consequences of Breaking a Lease Early

• Continue paying the rent until the property is re-rented
• Poor credit score
• Poor relationship with the existing landlord 
• Difficulty in finding new rental housing
• Costly lawsuits

Eviction Process in Texas

Eviction is a legal process landlords use to remove tenants who violate the lease. Here’s a simple step-by-step process to understand how the process works. 

Step 1: Serves a 3- to 30-Day Eviction Notice

No landlord can ask a tenant to vacate verbally or forcefully. The legal eviction starts with a formal notice. 

For issues like unpaid rent, staying after a lease ends, or breaking lease rules, landlords send a 3-Day Notice to Quit. (Tex. Prop. Code § 24.005(a)) This gives tenants a good amount of time to fix the issue or leave, unless the lease sets a different time. The notice states the problem, like unpaid rent, and when the lease ends. For properties sold at a tax foreclosure, tenants get a 30-Day Notice to Vacate (Tex. Prop. Code § 24.005(b)) if the new owner won’t continue the lease. Notices must be delivered in-person, mailed, or posted on the door if no one’s home. 

If tenants don’t leave, landlords can file for eviction, seek damages, and recover attorney fees. Notices must follow strict rules, like mailing a copy if posted, to be valid.

Step 2: File an Eviction Lawsuit in the Court

If a tenant doesn’t fix the issue after the eviction notice, the landlord can file an Eviction Petition (downloadable here) in Texas Justice of the Peace Court. (Tex. Prop. Code § 24.004) 

The petition lists the following details:

• Case number, precinct, and county 
• Landlord’s and tenant’s names
• Rental unit’s address 
• Proof of serving the proper Notice to Vacate to the renter
• Eviction ground(s), e.g., non-payment of rent or other fees, holding over, violations of the rental agreement, or property damage 
• Requested judgment type—rent, attorney’s fees, and/or post-judgment interest 
• Filing date and the landlord’s signature

Filing costs $54, plus $22 for a jury trial. For immediate possession, landlords file a sworn statement and pay a bond to cover tenant damages if the eviction is wrong. 

Tenants get a notice saying they may have only 24 hours to move if they lose. To stay during an appeal, tenants must pay a counterbond. The court process helps landlords regain their property legally.

Step 3: Court Serves Tenant a Summons

After a landlord files an eviction petition, the Texas court sends a citation (summons) to the tenant with the petition copy. The citation orders the tenant to attend a court hearing within 7-14 days, per Tex. R. Civ. P., Part V, Rule 741. It includes the petition, a warning about missing the hearing, jury trial info, and legal rule references. 

A sheriff or constable delivers it to the tenant or someone over 16 at the home at least six days before the hearing. If delivery fails twice, the sheriff can post or slide the documents at the unit and mail copies. The landlord pays a service fee, like $30 in Denton County. If tenants don’t show up, they could lose the case automatically.

Step 4: Tenant Files an Answer

After receiving the eviction citation and petition, the tenant can fight the eviction by filing a written answer within 14 days. They don’t have to file an answer, though. Either the tenant or landlord can ask for a hearing delay (continuance) of up to 7 days if they have a good reason. If both agree in writing, the delay can be longer.

Step 5: Attend the Court Hearing

At the eviction hearing, the landlord brings the lease, eviction notice, complaint, and proof of violations. Both sides share their case with the judge, who decides. If the tenant doesn’t show up, the landlord wins automatically, and the tenant is notified within 48 hours. If the landlord wins, they get the property, court costs, fees, and unpaid rent. 

After 5 days, the court can issue a Writ of Possession to remove the tenant, but not after 30 days. (Tex. R. Civ. P., Part V, Rule 749)

Step 6: Tenant Gets 24 Hours to Move Out

Upon issuance of the writ of possession by the court, the landlord takes it to the sheriff’s office to request service. The sheriff or constable delivers the writ to the tenant, giving them at least 24 hours to move out. This is the final step to reclaim the property if the tenant hasn’t left after losing the eviction case. (Tex. Prop. Code § 24.0061)

Step 7: Sheriff Forcibly Removes the Tenant

The sheriff will remove the tenant and give the property back to the landlord if the tenant doesn’t leave within 24 hours after the final eviction notice. Any tenant belongings left behind are placed outside, but not on public paths or during bad weather. Some cities provide free, portable, and closed containers for these items—read more here. If tenants don’t claim their things quickly, the municipality may dispose of them. (Tex. Prop. Code § 24.0061)

In some situations, the sheriff may decide to store items in a warehouse, and the tenant gets a notice by mail within 72 hours with the warehouse’s contact info. The tenant has 30 days to pay storage fees and reclaim their property, or it may be sold. The landlord isn’t responsible for storage or damages.

Dispute Resolution Options in Texas

If landlords and tenants have disagreements at any point in time, there are simple ways to solve them. From talking it out to using legal help, several options can settle problems fairly.

Direct Communication

Tenants and landlords can try to solve problems by talking to each other, called negotiation. For example, if a tenant owes rent or a landlord delays repairs, both can discuss a fair solution, like a payment plan or repair schedule. It’s free, saves time, and keeps things friendly. 

Both sides should stay calm, listen, and write down any agreement to avoid confusion later. If talking doesn’t work, they can try other options.

Mediation

Mediation is when a neutral person, called a mediator, helps a landlord and tenant agree. They listen to both sides and suggest solutions, but they don’t decide who’s right. Mediation is cheaper than court and keeps things private. 

Many Texas cities offer free or low-cost mediation programs. It’s good for issues like rent disputes or repairs. Both landlords and tenants must agree to try it, and the agreement is voluntary. If mediation fails, other options like court are still available.

Justice Court (Small Claims Court)

If the dispute isn’t yet resolved, tenants or landlords can go to a Texas Justice Court, often called small claims court, to settle disputes. It handles cases up to $20,000, like unpaid rent or repair issues. No group needs a lawyer, and it’s faster than other courts. Tenants can ask for repairs or money; landlords can seek damages. 

The judge’s decision is final unless appealed. Filing fees apply, but low-income tenants can request a fee waiver.

Arbitration

Arbitration is when a neutral person, called an arbitrator, listens to both the landlord and tenant and makes a decision. It’s like a private court but less formal. Both sides must agree to arbitration, often through a lease clause. The decision can be binding (final) or non-binding (can be ignored). It’s faster and cheaper than court but may cost more than mediation. 

Arbitration is good for disputes over deposits or lease terms. Both sides present evidence, and the arbitrator decides fairly.

File a Complaint with a Government Agency

Tenants can report landlord issues to a government agency, like a local housing authority or the Texas Department of Housing and Community Affairs. This is good for problems like code violations or unfair treatment, such as discrimination. The agency investigates and may order the landlord to fix the issue. It’s free, and tenants can call 211 for help finding the right agency. Keep records, like photos or letters, to support the complaint.

What Are Landlords’ and Tenants’ Responsibilities in Texas?

Landlord Responsibilities in Texas

In Texas, landlords have certain obligations to keep the rental home safe and livable. They must take care of repairs, follow the rental agreement, and respect the tenant’s rights during the lease period. 

No Retaliation

Tex. Prop. Code § 92.333 prohibits any kind of retaliation against a tenant. They may recover from the landlord a civil penalty of 1 month’s rent + $500, actual damages, court costs, and reasonable attorney’s fees in an action for recovery of property damages, moving costs, actual expenses, or civil penalties. 

Return the Security Deposit

Tex. Prop. Code § 92.354 requires landlords to return the applicable security deposit (i.e., the full amount or any remaining portion) within 30 days after the tenant vacates the property. 

No Discrimination

The Fair Housing Act of 1968 prohibits owners from discriminating against tenants based on:

• Race or color
• Religion
• National origin
• Familial status or age (includes families with children under the age of 18 and pregnant women)
• Disability or handicap
• Sex (includes gender identity and sexual orientation)

Tenants who believe they’ve been subject to any form of discrimination can complain to the Department of Housing and Urban Development (HUD).

Provide Tenant With a Copy of the Lease

It’s the duty of the landlord under Tex. Prop. Code § 92.024 to share a copy of the lease with at least one tenant who’s a party to the lease. The copy must be shared in a paper or electronic format and not later than the 3rd business day after the date the lease is signed by each party. 

Disclose Specific Information

A landlord must disclose the following information before finalizing the lease:

• Name and address of the property’s owner
• Emergency phone number to call
• Towing or parking rules and policies
• Electric service interruption
• Floodplain disclosure
• Lead-based paint disclosure
• Security device requests

Accept Rent Payments in Cash

Rent payments in cash are allowed in Texas, unless the written lease between the landlord and tenant requires rental payments by check, money order, or other traceable or negotiable instrument, according to Tex. Prop. Code § 92.011. 

In the case of “cash” as the payment mode, a landlord must;

• Provide a written receipt to the tenant 
• Enter the payment date and amount in a record book

Keep Late Fees Within Approved Limits

While a late fee is completely fine in Texas, it has to be within the approved limits. In accordance with Tex. Prop. Code § 92.019, a late fee can’t be more than:

• 12% of the rent amount for the rental period under the lease for a dwelling located in a structure with fewer than 4 units
• 10% of the rent amount for the rental period under the lease for a dwelling located in a structure with more than 4 units

Tenant Responsibilities in Texas

Being a tenant isn’t just about paying rent—it also means taking care of the property and following the lease rules. These responsibilities protect both parties and help create a smooth rental experience from start to finish.

Keep the Property in Good Condition

Tenants must keep the property in the condition it was received by them, which includes cleaning the area or facility the lease authorizes them to use, ensuring proper use of utilities, and notifying the landlord of necessary repairs. 

Conduct Minor Repairs

Minor repairs, such as changing defective light bulbs, tightening loose door handles, clearing a clogged toilet, and repairing leaking faucets fall under the responsibility of a tenant. 

Promote a Healthy Environment for Other Tenants and Neighbors

Tenants must help keep a healthy and peaceful environment for other tenants and neighbors. This means avoiding loud noises, keeping the property clean, and respecting others’ space. By being considerate, tenants ensure everyone enjoys a safe and comfortable community.

Texas Landlord-Tenant Rental Laws

Texas has specific laws that explain the rights and duties of both landlords and tenants. These rental laws help avoid confusion, protect both sides, and ensure everyone knows what to expect during a lease. 

Pet Law

Landlords can impose their own pet rules, which must be written in the lease. They can allow or ban pets, limit them by size or breed, and charge extra pet deposits or monthly pet fees, usually $200-$500 per pet. These fees can be used to cover damage beyond normal wear, like pet stains. 

However, service or Emotional Support Animals (ESA) for people with disabilities aren’t considered pets. Landlords can’t charge extra for these animals but may ask for a doctor’s note proving the need. 

Rent Control Law

Texas lacks a statewide rent control law, so landlords can raise rent as much as they want when a lease ends. Cities can only set rent limits during a declared disaster and housing emergency, but the governor must approve it. This rarely happens! 

Landlords can’t raise rent to punish tenants for using their legal rights, like requesting repairs. For month-to-month leases, landlords must give 30 days’ notice before increasing rent. Tenants can try to negotiate or choose not to renew if the rent hike is too high. For week-to-week tenancies, a week’s notice is sufficient. 

Security Deposit Law

Landlords can charge any amount for a security deposit, often 1 or 2 months’ rent, to cover unpaid rent or damage beyond normal wear, like broken windows. They must return the deposit within 30 days after a tenant moves out, along with a list of any deductions. Tenants must provide a forwarding address to get it back.

However, landlords can’t charge for normal wear, like faded paint. If a landlord keeps the deposit without reason, Tex. Prop. Code § 92.354 allows tenants to sue them for an amount equal to the sum of $100, 3x the amount wrongfully retained, and the attorney’s fees. Tenants should take photos when moving out to prove the property’s condition.

👉 Explore landlord tenant rights in other US regions:

• California Landlord Tenant Rights
• Colorado Landlord Tenant Rights
• New Jersey Landlord Tenant Rights 
• Landlord Tenant Rights in Georgia
• Massachusetts Landlord-Tenant Rights
• Landlord Tenant Rights in Arizona
• Important Landlord Tenant Rights in Ohio
• SanDiego landlord tenant rights and rules
• Landlord tenant rights in Oregon

Frequently Asked Questions (FAQs)

What tenant rights apply in Texas when the landlord sells the house?

In Texas, if a landlord sells the house, tenants keep their lease rights. That said, the new owner must comply with the lease terms. Tenants on a fixed-term tenancy can stay until the lease is up, while month-to-month tenants get 30 days’ notice to move. Always check the lease and ask the new owner about plans.

What are the notice-to-vacate requirements under Texas landlord-tenant law?

Landlords must give tenants enough notice to vacate. For month-to-month leases, it’s 30 days’ notice. Fixed-term leases don’t need notice unless the lease says so. If tenants break rules, landlords can give 3 days’ notice. Tenants can also give 30 days’ notice to end a quarterly or annual lease. 

What does Texas landlord-tenant law stipulate regarding security deposits?

Texas landlord-tenant law says landlords must return security deposits within 30 days after a tenant moves out, with a list of any deductions. Deposits cover damage or unpaid rent, not normal wear. Tenants need to give a forwarding address. If wrongly withheld, tenants can sue for the attorney’s fees and 3x times the deposit, plus $100.

Does Texas landlord-tenant law apply to commercial leases?

Texas landlord-tenant laws, like those in the Property Code, mostly cover homes, not commercial leases. Businesses renting space follow different rules, often set by the lease itself. Commercial tenants have fewer protections, so the lease terms matter a lot. Always read the contract carefully and ask a lawyer if unsure about rights or duties.

Is Texas a landlord-friendly state?

Yes, Texas is considered landlord-friendly. Landlords can raise rent freely, evict tenants quickly for unpaid rent, and set their own rules for deposits or pets. There’s no late fee cap, and laws favor landlords in disputes. Tenants have some rights, like safe homes, but landlords have more flexibility. 

Does Texas have rent control?

Texas doesn’t have rent control. Landlords can raise rent as much as they want when a lease ends. Cities can only limit rent during disasters if the governor agrees, which is rare. However, tenants can negotiate or move if rent increases too much.