Landlord Tenant Laws in Texas (TX)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
Texas's landlord-tenant laws are governed by Tex. Prop. Code § 91.001 et seq.; § 92.001 et seq.. The state receives a tenant-friendliness grade of F (Very Landlord-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. Texas is landlord-friendly. No deposit cap, no entry notice requirement, and no rent withholding. However, tenants have a repair-and-deduct remedy for conditions affecting health or safety (after proper notice and landlord's failure to act). State constitution prohibits rent control.
Security Deposit Rules in Texas
Texas does not impose a statutory cap on security deposits, meaning landlords can charge any amount they choose. However, excessively high deposits may discourage prospective tenants and could be challenged in court as unconscionable. Landlords must return the deposit within 30 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in Texas
In Texas, a landlord must provide 3 days' written notice before filing for eviction based on nonpayment of rent. This is one of the shortest eviction notice periods in the country, giving tenants very little time to cure the default. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Texas.
Tenant Rights in Texas
Texas provides some remedies for tenants facing habitability issues. Tenants may repair and deduct when landlords fail to maintain the property, but rent withholding is not permitted. Tenants should carefully follow the statutory procedure before exercising any remedy.
Rent Control in Texas
Texas has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in Texas
Landlords in Texas are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Return security deposits within 30 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in Texas
Many cities in Texas have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 5 major cities.
Houston
Houston follows state law. No zoning (unique among major US cities) and no additional tenant protections.
Dallas
Dallas follows state law. Has a housing code enforcement division.
Austin
Austin has a tenant relocation assistance ordinance for some situations. Otherwise follows state law.
San Antonio
San Antonio follows state law. Has housing code enforcement.
Fort Worth
No additional local tenant protections beyond Texas state law.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. Texas scores 26 out of 100, earning a grade of F (Very Landlord-Friendly).
How Texas Compares
Below is a comparison of Texas with five states that have similar tenant-friendliness scores. This can help you understand where Texas falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| Texas (TX) | 26 | F | No statutory limit | 3 days | Rent Control Preempted |
| Indiana (IN) | 29 | F | No statutory limit | 10 days | Rent Control Preempted |
| South Carolina (SC) | 29 | F | No statutory limit | 5 days | Rent Control Preempted |
| Tennessee (TN) | 30 | D | No statutory limit | 14 days | Rent Control Preempted |
| North Carolina (NC) | 32 | D | 1.5 months' rent (week-to-week: 2 weeks); 2 months (month-to-month) | 10 days | Rent Control Preempted |
| South Dakota (SD) | 32 | D | 1 month's rent (2 months if special conditions) | 3 days | Rent Control Preempted |
Frequently Asked Questions About Texas Landlord-Tenant Laws
How much can a landlord charge for a security deposit in Texas?
In Texas, the security deposit limit is No statutory limit. The landlord must return the deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in Texas?
For nonpayment of rent, Texas requires 3 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in Texas if my landlord won't make repairs?
No, Texas does not allow tenants to withhold rent. However, repair-and-deduct may be available as a remedy.
Does Texas have rent control?
No, Texas prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in Texas?
Landlords in Texas must give No requirement notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of Texas are primarily found in Tex. Prop. Code § 91.001 et seq.; § 92.001 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.