Texas Landlord-Tenant Law Essentials

Texas is known for being landlord-friendly, but tenants still have significant legal protections under the Texas Property Code Chapter 92. Understanding these rights is essential when your landlord isn't holding up their end of the lease.

This comprehensive guide covers Texas security deposit laws, repair rights, lease termination rules, and how to enforce your rights through demand letters and court action.

Security Deposits in Texas

Texas Property Code Section 92.103-92.109 governs security deposits. While Texas doesn't limit how much landlords can charge, it strictly regulates how deposits must be handled and returned.

What You Need to Know

• No statutory limit on deposit amount (landlords can charge whatever they want)
• 30-day return deadline starts when you surrender the premises and provide a forwarding address
• Deductions must be itemized in writing
• Wrongful withholding can result in the tenant recovering 3x the wrongfully withheld amount, plus $100, plus attorney fees

Common Illegal Deductions

Texas landlords cannot deduct for:

• Normal wear and tear (faded paint, worn carpet from normal use)
• Pre-existing damage documented at move-in
• Conditions caused by the landlord's failure to maintain

Repair Rights

Texas law requires landlords to make repairs that "materially affect the physical health or safety" of ordinary tenants. This includes:

• Heating and cooling systems (when reasonably needed)
• Hot and cold water
• Plumbing and sewage
• Door locks and security devices
• Smoke detectors
• Structural integrity

The Repair Process

1. Send written notice: Describe the problem in writing (email or certified mail)
2. Wait reasonable time: Usually 7 days, but less for emergencies
3. Send second notice: If not repaired, send another written notice
4. Exercise remedies: After second notice, you may have legal options

Available Remedies

• Terminate the lease
• Have repairs made and deduct from rent (up to one month's rent)
• Sue for actual damages, one month's rent plus $500, and attorney fees
• Get a court order requiring repairs

Lease Termination

Breaking a Lease Early

Texas tenants can break a lease without penalty in certain situations:

• Military deployment: Under the federal Servicemembers Civil Relief Act
• Domestic violence: With proper documentation
• Landlord harassment or lockouts: Illegal landlord behavior
• Uninhabitable conditions: After proper notice and failure to repair

Landlord Mitigation Duty

If you break a lease, Texas landlords must make reasonable efforts to re-rent the unit. They can't just leave it empty and charge you for the full remaining lease term.

Eviction Process

Texas has one of the fastest eviction processes in the country, but landlords must still follow the rules:

• Written notice to vacate (usually 3 days for non-payment)
• Filing in Justice Court if you don't leave
• Hearing typically within 10-21 days
• Right to appeal (but requires posting bond)

Lock Changes and Security Devices

Texas Property Code Section 92.153 gives tenants important rights regarding locks and security:

• Right to lock changes: You can request lock changes within the first 7 days of occupancy
• Required security devices: Landlords must provide window latches, sliding door security bars/pins, keyed deadbolts, door viewers (peepholes), and keyless bolts on exterior doors
• Tenant lock-out remedy: If you're locked out but still a tenant, you can call a locksmith and recover the cost plus one month's rent from the landlord

Retaliation Protections

Under Texas Property Code Section 92.331, landlords cannot retaliate against tenants who:

• Exercise repair rights in good faith
• File complaints with government agencies about code violations
• Participate in tenant organizations

Retaliatory actions include rent increases, service reductions, filing eviction actions, or refusing to renew a lease. If retaliation is proven, tenants can recover a civil penalty of one month's rent plus $500, actual damages, and attorney fees.

Texas Small Claims Court

Texas Justice Courts handle small claims up to $20,000 - one of the highest limits in the country. This is where most tenant disputes are resolved.

Filing Basics

• Filing fee: Usually $54-$84 depending on claim amount
• File in the county where the property is located or where the landlord resides
• No lawyer required (and often not allowed in small claims)

Demand Letters in Texas

While Texas doesn't require a demand letter before most lawsuits, sending one is still smart:

• Creates a paper trail showing you tried to resolve the issue
• Often prompts settlement without court
• Shows the judge you made good-faith efforts
• For security deposit cases, demonstrates the landlord's failure to respond within 30 days

Texas Tenant Resources

When dealing with landlord disputes in Texas, these official resources can help:

• Texas Attorney General - Renter's Rights: Official guide to Texas tenant protections
• Texas Courts Self-Help: Court forms and procedures for tenant disputes
• Texas RioGrande Legal Aid: Free legal help for low-income tenants
• Texas Law Help: Free legal information for Texas residents

Frequently Asked Questions

How long does a Texas landlord have to return my security deposit?

Under Texas Property Code Section 92.103, landlords have 30 days after you move out and provide a forwarding address to either return your deposit or send an itemized statement of deductions. If they fail to do so, you may be entitled to recover three times the wrongfully withheld amount plus $100 and reasonable attorney fees.

Can my Texas landlord enter my apartment without notice?

Texas law doesn't specify a required notice period for landlord entry, unlike many other states. However, landlords can't abuse this right to harass tenants. Many leases specify 24-hour notice requirements, so check your lease. For emergencies, landlords can enter immediately. Repeated unannounced entries could constitute harassment.

What can I do if my Texas landlord won't make repairs?

First, send written notice (preferably certified mail) describing the problem and requesting repair. Wait a reasonable time (7 days, less for emergencies). If the landlord doesn't respond, send a second notice. After the second notice, you may be able to: terminate the lease, make repairs yourself and deduct up to one month's rent, or sue for damages. You must be current on rent to use these remedies.

Is there a limit on how much a Texas landlord can charge for a security deposit?

No. Texas is one of the few states with no statutory limit on security deposit amounts. Landlords can legally charge as much as they want. However, this doesn't change the rules about how deposits must be handled and returned. Market competition typically keeps deposits at 1-2 months' rent.

Can I withhold rent in Texas if my landlord won't make repairs?

Texas does not allow rent withholding as a remedy. In fact, being behind on rent disqualifies you from using other repair remedies under Texas Property Code. The proper approach is to continue paying rent while pursuing repair remedies through written notice and, if necessary, court action or repair-and-deduct provisions.

How fast can a Texas landlord evict me?

Texas has one of the fastest eviction processes in the country. For non-payment, the landlord can give 3 days' notice to vacate, then file in Justice Court. A hearing is typically set within 10-21 days. If you lose, you have 5 days to appeal (which requires posting a bond). From start to finish, an eviction can take as little as 3-4 weeks if uncontested.