Texas Landlord-Tenant Law 2026: The Plain-English Guide
Texas is one of the most landlord-friendly states in the country — no rent control, no state cap on security deposits, and a fast eviction process. But "landlord-friendly" doesn't mean "anything goes." The Texas Property Code (especially Chapter 92) has specific rules, and violating them carries real penalties. Here's the plain-English version.
Security deposits
- No state limit on the amount you can charge.
- Deadline: you must return the deposit (or what's left of it) within 30 days after the tenant surrenders the property and gives you a forwarding address. The clock starts when you have both.
- Itemization: if you withhold any amount, you must provide a written itemized list of deductions.
- Penalty: bad-faith withholding can cost you $100, three times the amount wrongfully withheld, plus attorney's fees. Texas courts don't mess around here.
- Use our Security Deposit Deadline Finder and read what's legally deductible.
Rent rules
- No rent control anywhere in Texas — state law prohibits it.
- Late fees must be reasonable; the lease should spell them out. There's no statutory cap, but fees that function as penalties can be challenged.
- Raising rent: on a month-to-month tenancy, you generally need to give at least 30 days' notice. For fixed-term leases, rent can't change mid-lease. See how to raise rent legally.
Eviction in Texas
Texas evictions move fast:
1. Notice to vacate — 3 days for nonpayment (unless the lease gives more). Must be in writing, delivered per the statute.
2. File in Justice Court — eviction suits (forcible detainer) are filed in the precinct where the property sits. Filing fees are modest (~$50–$75 plus service).
3. Hearing — typically 2–3 weeks after filing. Texas Justice Courts move quickly.
4. Writ of possession — if you win and the tenant doesn't leave, the constable enforces removal.
Total timeline for an uncontested case: often 3–5 weeks from notice to possession — among the fastest in the US. Never change locks or shut off utilities yourself; that's illegal in Texas too. Full walkthrough: how to evict a tenant.
Repairs and habitability
- Landlords must make a diligent effort to repair conditions affecting health and safety after receiving written notice from the tenant.
- If you don't act within a reasonable time (generally 7 days after written notice), the tenant has statutory remedies: terminate the lease, repair-and-deduct (up to one month's rent or $500, whichever is greater, with strict procedures), or sue.
- Key detail: the tenant's notice must be in writing, and they must be current on rent to exercise these remedies.
Entry rights
Texas has no statute specifying notice before entry — unlike many states' 24-hour rules. But your lease should set a standard (24 hours is the norm), and you can't abuse access to harass the tenant. Put it in writing.
Discrimination and other rules
- Federal Fair Housing Act applies, plus the Texas Fair Housing Act — same protected classes, enforced at the state level.
- No state source-of-income protection — Texas landlords generally aren't required to accept Section 8 vouchers (check local ordinances; a few Texas cities have their own rules).
- Smoke detectors are required by state law; check local rules for CO detectors.
The bottom line
Texas gives landlords room to operate — fast evictions, no deposit caps, no rent control — but the deposit statute has teeth ($100 + 3x damages + fees). Get the deposit handling right, serve proper 3-day notices, and put everything in writing. That's 90% of Texas landlord law.
This is general information, not legal advice. For complex situations, consult a Texas landlord-tenant attorney.