Texas is a landlord-friendly state with no statewide rent cap, no security deposit cap, and no just-cause eviction requirement. State law preempts local rent control (Tex. Local Gov't Code § 214.902). Landlords must return security deposits within 30 days of surrender with an itemized statement of deductions (Tex. Prop. Code § 92.103). Bad-faith withholding triggers statutory damages of $100 + 3× the wrongfully withheld amount. Landlords have a statutory duty to repair conditions materially affecting the physical health or safety of an ordinary tenant (Tex. Prop. Code § 92.052), with a specific written-notice + reasonable-time procedure that tenants must follow before repair-and-deduct remedies become available.
| Governing statutes | Tex. Prop. Code Ch. 92 (Residential Tenancies); Tex. Prop. Code §§ 92.101–92.109 (security deposits); Tex. Prop. Code §§ 92.051–92.062 (repair duty) |
|---|---|
| Statewide rent cap | None — state preempts local rent control (Tex. Local Gov't Code § 214.902) |
| Security deposit limit | No statutory cap |
| Deposit return deadline | 30 days after surrender + itemized statement |
| Just-cause eviction | Not required — month-to-month terminable with 30-day notice |
| Notice of entry | Not statutorily required — governed by lease; emergency + repairs typically allowed |
| Repair duty | Yes — Tex. Prop. Code § 92.052 (health & safety conditions) |
| Retaliation prohibited | Yes — Tex. Prop. Code §§ 92.331–92.335 (6-month presumption) |
| Small claims (JP court) | Up to $20,000 |
| Eviction notice to vacate | 3 days (statutory minimum unless lease provides longer) |
No rent control (state preemption)
Texas has no statewide rent cap, and Tex. Local Gov't Code § 214.902 prohibits Texas cities and counties from enacting rent control ordinances. This preemption has been in effect since 1987. The only narrow exception is if the governing body finds a housing emergency exists and the governor concurs — a threshold that has effectively never been met.
The practical consequence: Texas landlords may raise rent any amount at lease renewal or after proper notice on month-to-month tenancies. There is no statutory limit and no local ordinance permitted to cap increases. Fair Housing Act protections still apply (a rent increase cannot target a protected class), but there is no rent-cap defense to a market-rate increase.
Security deposit rules
Texas has no statutory cap on security deposits. Landlords may charge any amount the market will bear, though typical practice is one month's rent plus first month at move-in.
What the deposit can be used for
Under Tex. Prop. Code § 92.104, a landlord may deduct from the security deposit for:
- Damages beyond normal wear and tear.
- Unpaid rent and charges the tenant owes.
- Any other charges provided for in the lease.
The landlord cannot deduct for normal wear and tear. "Normal wear and tear" is defined statutorily as deterioration that results from intended use, not from negligence or abuse.
Forwarding address requirement: Under Tex. Prop. Code § 92.107, the landlord has no duty to return the deposit or provide an itemized statement until the tenant has given the landlord a written forwarding address. Always give the landlord your new address in writing at move-out and keep proof.
Getting your deposit back
Once the tenant surrenders the premises and provides a written forwarding address, the landlord has 30 days to either return the full deposit or provide an itemized written statement of deductions along with any remaining balance (Tex. Prop. Code § 92.103).
Bad-faith withholding penalties
If the landlord acts in bad faith by failing to return the deposit or failing to provide an itemized statement, statutory penalties are substantial:
- $100 + 3× the amount of the deposit wrongfully withheld, plus reasonable attorney's fees (
Tex. Prop. Code § 92.109). - A landlord's failure to return the deposit or provide an itemized statement within 30 days is presumed to be in bad faith.
This is one of the strongest deposit-return remedies in the country — even though Texas has no deposit cap on the front end, the bad-faith remedy on the back end creates a serious disincentive for wrongful withholding.
Landlord's duty to repair
Under Tex. Prop. Code § 92.052, a Texas landlord must make a diligent effort to repair or remedy a condition if:
- The tenant specifies the condition in a written notice.
- The tenant is not delinquent in rent at the time of notice.
- The condition materially affects the physical health or safety of an ordinary tenant.
The notice + reasonable-time procedure
The tenant must give the landlord written notice of the condition. The landlord then has a reasonable time to make the repair — presumed to be 7 days, though shorter for serious conditions and longer for repairs requiring specialized parts.
Remedies after failure to repair
If the landlord fails to repair within a reasonable time after proper notice, the tenant may:
- Terminate the lease (
Tex. Prop. Code § 92.056(f)) with a right to a refund of deposit and pro-rated unearned rent. - Sue for actual damages, one month's rent + $500, court costs, and attorney's fees.
- Use the repair-and-deduct remedy under
Tex. Prop. Code § 92.0561, subject to specific caps ($500 or one month's rent, whichever is greater) and procedural requirements.
Landlord entry rules
Unlike many states, Texas has no statutory notice-of-entry requirement for residential landlords. Entry is governed by the lease. Most standard residential leases in Texas permit landlord entry for:
- Emergencies (fire, flood, gas leak, apparent unauthorized occupant).
- Making agreed-upon or requested repairs.
- Showing the unit to prospective buyers, tenants, or lenders (usually with reasonable notice).
- Inspecting for damage or lease violations.
Absent a specific lease provision, landlords generally must give reasonable notice (typically 24 hours) and enter at reasonable times, but Texas courts have found no statutory basis for a notice claim. Tenants who want stronger protections should negotiate them into the lease.
Retaliation protection
Under Tex. Prop. Code §§ 92.331–92.335, a landlord may not retaliate against a tenant within 6 months after the tenant:
- Exercises a right or remedy granted by lease or law.
- Gives the landlord a repair notice.
- Complains to a governmental entity responsible for enforcing building or housing codes.
- Establishes, attempts to establish, or participates in a tenant organization.
Prohibited retaliatory acts
Prohibited retaliation includes filing eviction, depriving the tenant of use of the premises, decreasing services, increasing rent, terminating the tenancy, or engaging in bad-faith or coercive actions.
Remedies
A tenant subjected to unlawful retaliation may recover a civil penalty of one month's rent + $500, actual damages, court costs, and reasonable attorney's fees, and may obtain declaratory or injunctive relief.
Eviction process
Texas has a fast eviction process that plays out in Justice of the Peace (JP) courts. Overview:
- Notice to vacate — statutory minimum 3 days before filing suit (
Tex. Prop. Code § 24.005), unless the lease provides for a shorter or longer period. - Filing eviction (Forcible Detainer) in the JP court of the precinct where the property is located.
- Service and hearing — hearing typically scheduled 10–21 days after filing.
- Judgment — if landlord wins, tenant has 5 days to appeal (or vacate).
- Appeal to County Court at Law — trial de novo. Tenant must post appeal bond or pay one month's rent into the court registry.
- Writ of possession — landlord may request 6 days after judgment becomes final if tenant hasn't vacated. Constable posts 24-hour notice, then physically removes tenant.
Total timeline: typical uncontested eviction completes in 3–6 weeks; contested with appeals can extend to 2–4 months.
Month-to-month termination
Absent lease provision otherwise, either party may terminate a month-to-month tenancy with 30 days' written notice (Tex. Prop. Code § 91.001). Texas has no just-cause requirement — the landlord does not need to state a reason. This makes month-to-month tenancies substantially less secure than fixed-term leases in Texas.
Tip: If you want more housing security in Texas, request a fixed-term (typically 12-month) lease rather than accepting month-to-month. During a fixed-term lease, the landlord generally cannot terminate without cause.
State agency contact
Texas Attorney General — Consumer Protection Division
Handles landlord-tenant complaints and consumer protection matters
Compared to neighboring states
Related Texas laws
Related comparisons
Related guides
Recent changes
- September 1, 2023HB 2127 (Texas Regulatory Consistency Act) — the 'Death Star' preemption bill — further constrained municipal authority to regulate rental housing beyond state law. Litigation ongoing over scope.
- September 1, 2021SB 8 extended eviction diversion / rental assistance frameworks in response to COVID-era arrearages; most special provisions have since expired.
- 2019SB 1414 clarified landlord notice requirements for terminating month-to-month tenancies.
- OngoingMultiple Texas cities (Dallas, Austin, San Antonio) have attempted tenant-protection ordinances that have been challenged or preempted under state law.
Need advice on your specific Texas situation?
State Law Handbook doesn't provide legal advice. Connect with a licensed Texas attorney for personal counsel.
Sources
Primary sources
- Texas Property Code Chapter 92 — Residential Tenancies. The core Texas residential landlord-tenant statute. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- Texas Property Code §§ 92.101–92.109 — Security Deposits. Deposit return timeline, deductions, and bad-faith penalties. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.101
- Texas Property Code § 92.052 — Landlord's Duty to Repair. Health-and-safety repair duty and tenant notice procedure. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm#92.052
- Texas Property Code Chapter 24 — Forcible Entry and Detainer. Statutory eviction procedure. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.24.htm
- Texas Attorney General — Landlord and Tenant Law. State agency plain-language guide to Texas landlord-tenant law. https://www.texasattorneygeneral.gov/consumer-protection/landlord-tenant-law