If you're looking to rent out a home in the Lone Star State, there are a few things you should know before you sign a lease agreement with a potential tenant.
As a landlord in Texas, you're responsible for complying with Texas' landlord-tenant laws. These rules and regulations detail information about everything from lease agreements to evictions and help landlords to ensure that they maintain fair, regulated relationships with each of their tenants. In this article, we'll cover landlord-tenant laws that every property owner in Texas should know so you can rest assured that you're enforcing your rental policies in accordance with the law.
All the essential landlord-tenant laws for Texas can be found in the Texas state law code or in the Texas State Law Library, so be sure to read through the laws in full before implementing your own rental policies. Additionally, these laws are subject to change at any time and this summary is not exhaustive, so always conduct your own research and seek legal advice on landlord-tenant questions or disputes in your locality.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
Texas Quick Facts
Required Disclosures
Lead-based paint Landlord/agent ID Parking rules Tenants’ remedies Special conditions to cancel agreement Flood disclosure
Rent and Fees
Application Fee Limit: N/A Rent Control: N/A Late Fee Limit: 10-12% of monthly rent Grace Period Minimum: 2 days
Security Deposits
Amount Limit: None Interest: N/A Return Within: 30 days
Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability Pregnancy
Rights and Responsibilities of Texas Landlords and Tenants
Landlords and tenants in Texas are each offered certain rights and responsibilities. Usually, these are outlined within a lease or rental agreement, but these are only valid if they are compliant with federal and Texas landlord-tenant laws. When both parties adhere to the state and federal regulations, the rental process becomes easier for everyone involved, leading to better communication and satisfaction for both parties.
Below is a brief outline of landlord and tenant rights and responsibilities.
Texas landlords have the right to:
Collect rent according to the rental agreement.
Collect and hold a security deposit for the lease term. There is no limit on how much the security deposit can be in Texas, but a typical reasonable amount is usually around one- to two-month's rent.
Withhold funds from the deposit if the tenant fails to pay rent, damages the unit beyond normal wear and tear, or has other unpaid fees or utilities.
Screen all residents that will be living in a rental unit.
Enter the rental unit periodically for inspections, showings, repairs, etc.
Begin the eviction process to terminate a lease if a tenant does not pay rent, engages in illegal activity on the premises, or violates the lease agreement in any other way.
Establish and enforce all others lease agreement terms (e.g., pets, guests, parking, etc.), as long as they comply with Texas landlord-tenant laws.
Texas landlords are responsible for:
Providing safe, habitable housing. Texas' warranty of habitability laws (TX Prop. Code § 92.052) are much broader than other states but do include hot water and smoke detectors. Landlords are required to make fixes within 3-14 days.
Complying with all health, safety, and building codes. In Texas, many regulations for minimum building and housing are written and implemented at the local level, so be sure to research your city or locality's laws as well.
Addressing maintenance and repair requestswithin a reasonable timeframe. Usually this means within 24-48 hours for emergencies or critical repairs and 30 days for non-critical repairs.
Adhering to fair housing laws. Landlords must comply with the federal Fair Housing Act (FHA) as well as state fair housing laws in Texas, especially during tenant screening.
Providing reasonable advanced notice before entering the rental unit. While no specific advanced notice period is required in Texas, landlords often provide tenants with at least 24 hours' notice before entry in non-emergency situations.
Maintaining common areas. Common areas include hallways, laundry rooms, gyms, sidewalks, parking lots, and other shared spaces.
Paying the property taxes and insurance premiums for the property. These costs are often passed on to tenants through the rent pricing, but landlords are responsible for making the payments and maintaining appropriate coverage.
Following the proper legal procedures for evictions. "Self-help" evictions of tenants are illegal in every state, including Texas. Landlords must go through the entire legal Texas eviction process to remove a tenant.
Returning the security deposit within 30 days after the end of the lease.
Texas tenants have the right to:
Safe, habitable housing. Tenants have a right to housing with working utilities and appliances and that is free from pests, weather damage, and environmental hazards.
Legal justice in cases of landlord negligence, harassment, or discrimination. Tenants can sue landlords for violating the lease or breaking Texas tenant laws.
Prompt maintenance and repairs. According to Texas law, landlords usually have seven days to make repairs in the unit, but if the issue is an emergency, that time frame can shrink to three days or even to immediate action.
Privacy and security in their home. All units should have working locks, and landlords should avoid unnecessary entry into units to respect tenant privacy.
Advanced notice before rent increases, terminations, evictions, or entry. Landlords must send advanced notice before any of these events.
“Quiet enjoyment” of the property. All tenants are entitled to use the property without intrusion or excessive disturbances from the landlord or neighbors.
Protection from retaliatory evictions. Tenants cannot be evicted for exercising their legal rights, filing a complaint against the landlord for violations, or reporting unsafe conditions.
Repair and deduct remedies in some cases. If a Texas landlord fails to make the appropriate repairs to a unit, a tenant may be eligible to hire a professional to complete the repairs and then deduct this cost from rent. However, Texas' repair and deduct laws are very strict, so it's important to read them thoroughly to ensure qualification before taking any action.
Texas tenants are responsible for:
Paying rent on time. Tenants are also responsible for paying any applicable late fees, utilities, or pet fees.
Complying with all lease terms, so long as those terms comply with Texas state law.
Keeping the unit in clean and safe condition. This involves maintaining general sanitation, disposing of trash, etc.
Promptly reporting maintenance problems, especially in the case of an emergency.
Making certain minor repairs, like replacing smoke alarm batteries in the unit.
Paying for repairs if the tenant or their guest damages the rental property. Tenants are the responsible party if a guest causes damage to the property.
Providing advanced notice of intention to move out. If a tenant plans on moving out at the end of the lease term, they must provide their landlord with reasonable advanced notice.
Not using the rental unit for an unintended purpose. For instance, if the property is residential, tenants cannot use it to run a business.
Required Disclosures in Texas
Required disclosures refer to information landlords must share with tenants before they move into a unit, usually in regard to potential hazards, rules and policies the landlord enforces, and the rights of a tenant under the lease.
Below, you'll find a list of required disclosures in Texas. These disclosures are typically included for Texas lease agreements, but some may require additional documentation.
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identity (Tex. Prop. Code § 92.003). Landlords in Texas must disclose in writing the name and contact information of the property management company, on-premises manager, rent collector, or other authorized agent who services the dwelling.
Parking Rules (Tex. Prop. Code § 92.0131). Texas landlords must provide tenants in multiunit complexes with copies of parking and vehicle towing policies before the lease is executed. The copy must be within the rental agreement, included as an attachment if mentioned in the lease, or signed by the tenant separately. If a landlord changes their parking policies, they must give prior notice in writing. All policy changes that affect tenants’ personal property must be treated the same.
Tenant’s Remedies (Tex. Prop. Code § 92.056). Landlords must inform tenants of their right to ask for remedies if the landlord fails to make repairs. After the tenant makes the initial request and follows through all necessary steps, Texas law permits renters to deduct the cost of repairs from rent if the condition constitutes a material threat to their health or safety. If the landlord still fails to make repairs, the tenant can sue. A judge can then require the landlord to remedy the problem, reduce rent, or refund the tenant’s court costs, attorney fees, damages, or one month’s rent plus $500.
Special Conditions to Cancel Agreement (Tex. Prop. Code § 92.016). Landlords in Texas must notify tenants of their right to vacate and terminate the lease early in special circumstances. These special circumstances could involve family violence, sex offenses, stalking, military deployment/transfer, or death.
Flood Disclosure (Tex. H.B. No. 531). As of January 1, 2022, all residential leases in Texas must include a flood disclosure. The disclosure should indicate whether the landlord is aware of the property being in a 100-year FEMA-designated floodplain, and if flooding has damaged the property at any time during the last five years.
Texas does not have legislation for state-wide rent control, but there are still rules and regulations you need to know that dictate how you collect rent and fees, whether they're cash rent payments or digital ACH payments. Here are some of the most important laws surrounding rent and fees in Texas:
Rent Payments
Rent Due Date: Rent in Texas is typically due on the first of the month.
Rent Increases: No Texas statutes set limits on rent increases. However, individual cities may set local rent control ordinances.
Grace Period: The rent grace period Texas requires is two days. Landlords cannot charge late fees until a portion of a tenant’s rent has been unpaid for two full days after the due date (Tex. Prop. Code § 92.019).
Fees
Application Fees: There is no set cap on application fees in Texas. Non-refundable application fees are also permitted. However, if the landlord fails to inform the applicant of their tenant screening criteria, they must refund the fee and any deposits (Tex. Prop. Code § 92.3515).
Late Fees: Late fees in Texas must be “reasonable.” Late fees for unpaid rent that Texas considers reasonable are no more than 12% of monthly rent for properties with four or fewer units or 10% of rent for those with more than four units (Tex. Prop. Code § 92.019).
Withholding Rent/Repair and Deduct Remedy: Tenants may withhold rent if the landlord fails to repair or remedy a condition that affects the health and safety of the tenant after reasonable written notice. However, the amount of the deduction must be less than one month’s rent or $500, whichever is greater (Tex. Prop. Code § 92.0561b).
Texas Security Deposit Laws
Most states have strict regulations in place for how security deposits should be handled, down to exactly how they're collected, stored, and refunded. Below are some of the main security deposit laws for Texas:
Deposit Limit: There is no limit on security deposit amounts in Texas.
Interest: No state statute requires Texas landlords to pay interest on security deposits.
Deposit Location: Texas landlords are not required to keep security deposits in a separate bank account.
Withholding: Landlords can withhold all or part of the security deposit to cover damages and charges for which the tenant is legally liable. These damages must not be part of ordinary wear and tear. Landlords must also provide the tenant a balance of the security deposit and an itemized list and written description of deductions, unless the tenant owes rent or there is no controversy concerning the rent owed at the time (Tex. Prop. Code § 92.104).
Texas Tenant Screening and Fair Housing Protections
What actions are considered housing discrimination?
Tenants have legal protection against unfair housing practices in every state. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits unlawful discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:
Accepting or denying tenant applications
Choosing the methods they will use to screen tenants
Advertising units
Writing listings
Deciding to increase rent
Allocating rent credits or discounts
Providing maintenance and service to the property
Evicting tenants
etc.
What are the protected classes in Texas?
Federal law prohibits discrimination in housing based on race, color, religion, gender, national origin, familial status, and disability (Title 24 USC § 3601-3607). The Texas Fair Housing Act (Tex. Prop. Code §§ 301) adds protections for pregnant individuals.
Use of Credit Reports
Texas landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. Landlords must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in Texas. However, landlords must communicate that criminal history is part of their tenant selection criteria in written form before or at the time of application (Tex. Prop. Code §§ 92.3515).
Texas landlords should also follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Texas, unlike many states, does not have laws requiring landlords to give advanced notice before entering a rental. Even so, landlords generally respect the privacy of their tenants by allowing them 24 hours' notice before entering the property in a typical non-emergency situation and by entering during reasonable hours.
Advanced Notice: There is no state law in Texas requiring landlords to give advance notice before entering a property.
Permitted Times: Texas law does not designate any time-of-day restrictions for entering.
Emergency Entry: In case of emergency, entry is generally permitted without advanced notice if the lease agreement does not specify reasons for when the landlord may enter.
Texas Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Texas, consider hiring an experienced real estate attorney and be sure to review the Texas eviction process in more detail. Evictions can be costly, time-consuming processes, so consider whether the problem could be solved through stronger landlord-tenant communication or other agreements before resorting to legal action.
The first step for a Texas eviction is to send a formal written notice. In Texas, landlords can choose the length of the eviction notice they would like to provide and enforce it as long as the tenant agreed to it in the lease. If no period is specified in the lease, the following default notice requirements apply:
Default 3-day notice to quit. This notice applies in several different scenarios:
Nonpayment: If rent is unpaid when due and the lease does not say how many days' notice will be given, the landlord must deliver a three-day quit notice (Tex. Prop. Code § 24.005(a)).
Holding Over: If a tenant remains in possession of a property after the expiration of their lease (tenancy “at sufferance”), the landlord should give the tenant at least three days’ written notice to vacate (Tex. Prop. Code § 24.005(b)).
Lease Violations: If a tenant violates a provision of the lease, the landlord should provide a three-day notice to quit. The landlord is not required to provide the tenant an opportunity to cure the breach to avoid eviction (Tex. Prop. Code § 24.005(b)).
Note: For the above three-day notices, if the lease or the law requires the landlord to provide the tenant an opportunity to respond or “cure” the breach, the landlord must provide that period before filing for eviction (Tex. Prop. Code § 24.005(e)).
The following notice applies in certain foreclosure cases, even if the tenant didn't do anything wrong:
Notice of Tax Foreclosure Sale: 30 days to quit. If the property is being purchased at a tax foreclosure sale and the tenant is not otherwise in default, the buyer must give that tenant at least 30 days’ written notice to vacate if they do not want to continue the lease (Tex. Prop. Code § 24.005(b)).
Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Texas, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Texas, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.
The median rent rate in Austin is $1,995 per month, around 4% lower than the national average.
The Texas Department of Insurance recommends that landlords protect their traditional, long-term leases with landlord insurance. Landlord insurance in Texas can be added to a homeowner’s policy or a separate policy.
Conclusion
Texas' landlord-tenant laws may seem complex, and they're subject to change as new laws pass or change each year. However, understanding and adhering to them is vital as both a landlord and tenant. By failing to follow the state laws surrounding your rental, you leave yourself open to fines and penalties as well as a damaged reputation. By taking the time to learn more about landlord-tenant laws in Texas, you can ensure both you and your tenants have the smoothest, easiest rental experience possible.
FAQs
How much can a landlord charge for a security deposit in Texas?
Texas does not have limits for security deposit amounts, meaning a landlord can charge whatever amount they see fit. A typical and reasonable amount for a security deposit tends to be between one- and two-month's rent.
What are the tenant's rights if the property is not in habitable condition?
If the property is not in habitable condition, the tenant is required to give a written notice of the issue to the landlord. If the landlord refuses to remedy the issue or does not do so within a timely manner, the tenant can repair and deduct; however, Texas' laws on this are strict, so look them over thoroughly before taking any action.
What is the eviction process in Texas?
The Texas eviction process can be complex, so landlords should look it over and reach out to legal counsel for help if unfamiliar with this process. Generally, Texas landlords must serve a 3- to 30-day eviction notice, provide the necessary notice period, then file an eviction lawsuit with the court in order to evict a tenant.
Can a landlord charge late fees for overdue rent in Texas?
Landlords in Texas can charge late fees for overdue rent. These late fees must be “reasonable,” meaning no more than 12% of monthly rent for properties with four or fewer units or 10% of rent for those with more than four units (Tex. Prop. Code § 92.019).
Are Texas landlords required to provide notice before terminating a month to month lease?
Yes, Texas landlords (as well as tenants) are required to provide notice before terminating month to month leases. Whichever party initiates the lease termination must do so with 30 days' written notice.
How long does a landlord have to return a security deposit in Texas?
In Texas, Section 92.103 of state landlord-tenant law details that landlords must return security deposits to tenants "on or before the 30th day after the date the tenant surrenders the premises." Exceptions can be made to this, though, if a tenant doesn't provide a forwarding address for the landlord to send refunds or an itemized list of damages and costs to.
