Texas (TX) law guide
Quick answer
Texas landlord-tenant law is governed by the Texas Property Code. There is no statutory cap on security deposits, and landlords must return them within 30 days of move-out. Texas bans statewide rent control, and landlords may raise rent by any amount with 30 days written notice. Evictions for nonpayment require a 3-day notice to vacate before filing in court.
Security deposit limit
No cap (any amount)
Deposit return deadline
30 days after move-out
Statewide rent control
Banned (Tex. Gov't Code §214.902)
Nonpayment eviction notice
3 days written notice to vacate
Texas rental market snapshot
Population
~30.5 million (2024 est.)
Renter households
37% of households are renter-occupied
Median rent
$1,582/mo for a 2-bedroom (statewide, 2026)
Largest rental markets
Houston, Dallas-Fort Worth, Austin, San Antonio, El Paso
Texas rents have softened in 2026, with Dallas-Fort Worth seeing declines of nearly 8% year-over-year, giving renters more negotiating power in most major metros.
Texas sets no dollar cap on security deposits, so landlords may charge any amount they choose (Tex. Prop. Code §92.102). The deposit must be returned within 30 days after the tenant vacates and provides a forwarding address.
If the landlord makes deductions, they must send an itemized written statement of the charges. Landlords who wrongfully withhold a deposit in bad faith can owe the tenant 3 times the withheld amount plus attorney fees.
Texas has a statewide ban on rent control (Tex. Gov't Code §214.902). Cities and counties cannot limit how much a landlord raises rent. Landlords may increase rent by any amount, but must give at least 30 days written notice before the new rate takes effect.
Texas law does not set a mandatory grace period or cap on late fees, but late fees must be reasonable and stated in the lease. Landlords cannot charge a late fee before the second day after rent is due under most month-to-month terms.
To evict for nonpayment of rent, the landlord must first give the tenant a written 3-day notice to vacate (Tex. Prop. Code §24.005). If the tenant does not pay or leave, the landlord may file a forcible detainer suit in justice court. Lease agreements can shorten or extend this notice period in writing.
Evictions for lease violations other than nonpayment also require proper written notice before filing. Texas courts move quickly on eviction cases, often scheduling hearings within 10 to 21 days of filing.
Texas Property Code Chapter 92 does not set a specific number of hours of advance notice required for landlord entry. However, landlords must enter only at reasonable times and for lawful purposes such as repairs, inspections, or emergencies. Entering without justification can support a tenant's retaliation or harassment claim.
Once a tenant gives written notice of a needed repair, the landlord must make a diligent effort to repair within 7 days (Tex. Prop. Code §92.056). This 7-day period is a legal presumption; landlords can show a longer timeline was reasonable based on the complexity of the repair.
Texas landlords must maintain rental units in a habitable condition, including functioning heating, plumbing, and structural safety (Tex. Prop. Code §92.052). If a landlord fails to make a required repair after proper notice, the tenant may have remedies including lease termination, rent deduction, or repair-and-deduct (up to one month's rent or $500).
Retaliation by a landlord against a tenant who has complained about conditions, contacted a government agency, or exercised a legal right is prohibited (Tex. Prop. Code §92.331). A landlord who retaliates is liable for one month's rent plus $500, attorney fees, and damages.
Texas landlords must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, disability, and familial status. Texas does not add protected classes beyond federal law at the state level, though some local ordinances may provide broader protection.
Tenants who need to break a lease early may owe the remaining rent unless the landlord re-rents the unit, as Texas requires landlords to mitigate damages by making a good-faith effort to find a new tenant. Small claims disputes can be filed in justice court for amounts up to $20,000.
This guide is general information, not legal advice. Governing statute: Texas Property Code, Title 8 (Landlord and Tenant), Chapters 91-93. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
Texas FAQ
Texas law sets **no cap** on security deposits, so a landlord can charge any amount. In practice, most landlords charge one to two months rent. The full deposit must be returned within 30 days after move-out, minus any documented deductions for damage beyond normal wear and tear.
A Texas landlord has **30 days** to return the deposit after the tenant moves out and provides a forwarding address (Tex. Prop. Code §92.103). If deductions are taken, the landlord must include an itemized written list. Missing the deadline can expose the landlord to up to 3 times the withheld amount in damages.
Yes. Texas bans rent control statewide, so there is **no limit** on how much a landlord can raise rent. The only requirement is at least **30 days written notice** before the higher rent takes effect. Rent cannot be raised in retaliation for a tenant exercising legal rights.
The landlord must give a written **3-day notice to vacate** before filing an eviction suit (Tex. Prop. Code §24.005). The lease can contractually set a shorter or longer period. If the tenant does not pay or leave within that window, the landlord files in justice court.
Texas Property Code Chapter 92 does not specify an exact number of hours of advance notice. Landlords must enter at **reasonable times** for a lawful purpose such as a repair or inspection. Entering without justification or as harassment can support a retaliation claim by the tenant.
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