Last updated: August 4, 2026
Texas Landlord-Tenant Laws 2026: Complete Guide + Forms
Everything Texas landlords need to know — no rent control, no deposit limits, 21-day evictions, and the specific rules on security devices, repairs, and disclosures that can still trip you up.
Key Takeaways
- NO state rent control — Texas Property Code §214.902 prohibits municipalities from enacting rent caps
- Security deposits: no statutory limit, 30-day return deadline (Property Code §92.103)
- Eviction: 3-day notice to vacate (can modify in lease), fastest process in the US (~21 days)
- Required disclosures: flood history, lead paint (pre-1978), security device compliance
- Landlord-friendly state — but specific rules on security devices, smoke detectors, and repair obligations apply
Overview of Texas Landlord-Tenant Law
Texas landlord-tenant law is governed primarily by Title 8 of the Texas Property Code (Chapters 91–96). Unlike California or New York, Texas imposes no state rent control, no statutory limit on security deposits, and provides one of the fastest eviction processes in the country. The state is widely considered landlord-friendly — but that does not mean it is unregulated.
Texas law imposes specific obligations on landlords regarding security devices (deadbolts, peepholes, window locks), smoke and carbon monoxide detectors, repair duties, and disclosures. Failing to comply with these requirements can expose landlords to statutory penalties, tenant remedies, and liability for damages.
Key Statute
Texas Property Code, Title 8 — Chapters 91–96
Landlord-tenant relationships, security deposits, eviction, security devices, and repair obligations
No Rent Control in Texas
Texas Property Code §214.902 explicitly prohibits any municipality, county, or governmental entity from adopting or enforcing an ordinance or regulation that controls the amount of rent charged for private residential or commercial property. This is a statewide preemption — no Texas city can enact rent caps regardless of local demand or housing conditions.
This means landlords may raise rent by any amount, at any time a lease permits. For month-to-month tenancies, Texas does not require a specific notice period for rent increases — though providing reasonable written notice (30 days is standard practice) is recommended to avoid disputes.
Bottom line: Texas landlords face no rent cap, no rent stabilization, and no mandatory notice period for increases (beyond what the lease itself requires). This is one of the most landlord-favorable rent regulation environments in the US.
LeaseBase tracks compliance deadlines for your specific properties.
Try Free →Security Deposit Rules
Texas imposes no statutory limit on the amount a landlord can collect as a security deposit. The market determines what tenants will accept. However, the return process is regulated by Property Code §92.101–§92.109:
No Limit
No statutory cap on deposit amount. Collect what the market bears.
30 Days
Return deadline after tenant moves out and provides forwarding address (§92.103)
Allowable Deductions
- Unpaid rent — including any accelerated rent per the lease
- Damages beyond normal wear and tear
- Cleaning costs — to restore the unit to move-in condition
- Early termination charges — if specified in the lease
- Utility charges — unpaid amounts owed by the tenant
Penalties for Bad Faith Retention
If a landlord retains the deposit in bad faith, the tenant can sue for 3x the amount wrongfully withheld + $100 + reasonable attorney fees (Property Code §92.109). An itemized list of deductions is required with any partial return.
Eviction Process Overview
Texas has one of the fastest eviction processes in the United States. An uncontested eviction can be completed in as few as 21 days from notice to writ of possession. The process is governed by Property Code Chapter 24.
| Step | Timeline | Details |
|---|---|---|
| 1. Notice to Vacate | 3 days (default) | Can be modified in lease to 1 day or 0 days with written clause |
| 2. File in JP Court | Day 4+ | Filing fee: $54–$121. Filed in Justice of the Peace court. |
| 3. Court Hearing | 10–21 days after filing | Minimum 10 days after citation served. Default judgment if tenant does not appear. |
| 4. Writ of Possession | 5 days after judgment | Issued if tenant does not appeal within 5 days. Constable executes. |
~21 Days
Typical uncontested eviction timeline — notice to removal
$500–$3K
Total cost including filing fees, service, and attorney (if used)
Required Disclosures
Texas landlords must provide the following disclosures to tenants, either in the lease or as separate written documents:
- Flood history disclosure — Required under Property Code §92.0135. Must disclose if the property is in a 100-year floodplain or has flooded at least once in the past 5 years.
- Lead-based paint disclosure — Federal requirement for all pre-1978 housing (42 USC §4852d). Must provide EPA pamphlet and disclose known lead paint hazards.
- Security device compliance — The lease must include a description of the security devices present or a statement that the landlord will install them (§92.153).
- Landlord identity and address — Must disclose the name and address of the owner and any property manager (§92.201).
- Right to repair and deduct — Tenants must be informed of their remedies under §92.056 if the landlord fails to make repairs.
Note on flood disclosure: As of 2021, Texas requires landlords to provide written notice if the property is in a 100-year floodplain or has experienced flooding. Failure to disclose can result in lease termination by the tenant and liability for damages.
Repair Obligations (§92.052)
Under Property Code §92.052, a landlord has a duty to make a diligent effort to repair or remedy a condition if the tenant gives written notice, the tenant is current on rent, and the condition materially affects the physical health or safety of an ordinary tenant. This applies to issues like plumbing leaks, broken heating/cooling, pest infestations, and structural problems.
Tenant Remedies for Non-Repair
If the landlord fails to repair after proper written notice, the tenant may pursue remedies under §92.056:
- Repair and deduct — tenant can hire someone to repair and deduct the cost from rent
- Terminate the lease — if the condition is serious enough
- Sue for damages — one month’s rent + $500 + actual damages + attorney fees + court costs
- Obtain a court order — requiring the landlord to make the repair
Warning: A landlord who retaliates against a tenant for requesting repairs (e.g., by filing eviction, raising rent, or cutting services) may be liable for one month’s rent + $500 + actual damages + attorney fees (§92.331).
Security Devices (§92.153)
Texas law is unusually specific about physical security devices that landlords must provide. Under Property Code §92.153, every rental dwelling must have:
- Window locks on all exterior windows
- Deadbolt locks on each exterior door (including sliding doors — pin locks or security bars)
- Peepholes or door viewers on each exterior door without a window
- Keyless bolting device (interior-only deadbolt) on each exterior door
- Door handle locking device on at least one exterior door
Landlords must also re-key all locks between tenancies and within 7 days of a tenant’s written request for a re-key. The tenant may be charged for the re-key, but it cannot be refused.
Penalty for non-compliance: If the landlord fails to install or repair required security devices after written notice, the tenant can obtain a court order, recover actual damages, one month’s rent + $500, and attorney fees (§92.164–§92.165).
Lease Requirements
Texas does not require a written lease — oral agreements are enforceable for terms of one year or less under the Statute of Frauds. However, written leases are strongly recommended and should include:
- Rent amount, due date, and late fee terms — late fees must be “reasonable” (typically 8–12% of monthly rent)
- Security deposit amount and return terms
- Lease term — start date, end date, renewal or month-to-month conversion
- Notice to vacate period — default is 3 days, but can be modified (even to 0 with explicit clause)
- Maintenance responsibilities — who handles what repairs
- Security device compliance statement
- Flood disclosure (if in floodplain or flooded within 5 years)
- Landlord contact information — name and address of owner/manager
The Texas Apartment Association (TAA) and Texas Association of Realtors (TAR) publish standardized lease forms that are widely used and comply with state requirements.
Frequently Asked Questions
Can Texas landlords raise rent without limit?
Yes. Texas Property Code §214.902 prohibits any municipality from enacting rent control. Landlords may increase rent by any amount between lease terms or upon proper notice for month-to-month tenancies. During a fixed-term lease, rent can only be changed if the lease allows it. There is no cap, no formula, and no CPI limitation.
How fast can I evict a tenant in Texas?
An uncontested eviction in Texas typically takes about 21 days from the notice to vacate through writ of possession. The default notice period is 3 days (can be reduced in the lease), followed by filing in Justice of the Peace court, a hearing within 10–21 days, and then 5 days before a writ of possession is issued. This is the fastest eviction timeline of any major US state.
Does Texas require landlords to provide AC or heat?
Texas law does not explicitly require landlords to provide air conditioning, but the duty to repair under §92.052 applies to conditions that “materially affect the physical health or safety of an ordinary tenant.” In Texas heat, non-functioning AC can meet this standard. Heating is generally required for habitability. If the lease includes AC or heating systems, the landlord must maintain them in working order.
Written by Rachid Abadli
Sacramento-based landlord and founder of LeaseBase
This guide is based on the Texas Property Code Title 8 (Chapters 91–96), Texas Civil Practice & Remedies Code, and current statutory requirements. Last verified against the Texas Legislature Online database on August 4, 2026.
Texas Landlord-Tenant Resources
Texas Eviction Process
Step-by-step guide from notice to writ of possession. 21 days start to finish.
Read the guide →Texas Security Deposit Laws
No limit, 30-day return rule, 3x penalties, and what you can legally deduct.
Read the guide →Texas Eviction Notice Templates
Free copy-paste templates for 3-day notice, 30-day notice, and lease violations.
Get templates →Texas Landlord-Tenant FAQ
20 questions answered — rent, deposits, eviction, repairs, and tenant rights.
Read FAQ →Track compliance deadlines automatically
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This guide is for informational purposes only and does not constitute legal advice. Texas landlord-tenant laws, security deposit rules, and eviction procedures vary by county and change periodically. Consult a qualified Texas real estate attorney for guidance on your specific situation.