Landlord laws
Texas landlord-tenant law
Texas Property Code, Chapters 24, 91 and 92 (official text, Texas Legislature Online)
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | Not specified in state statute. Texas law sets no maximum security deposit. We checked all of Property Code Chapter 92 (Residential Tenancies), including Subchapter C on deposits (§§ 92.101–92.110). | Tex. Prop. Code ch. 92, subch. C | Not in statute |
| Deposit return deadline | Refund the deposit within 30 days after the tenant surrenders the unit. If you keep any part, give a written, itemized list of deductions (no deductions for normal wear and tear). Missing the 30-day deadline is presumed bad faith, which can cost $100 plus three times the amount wrongly withheld plus attorney's fees. A lease rule requiring advance notice of move-out counts only if it is underlined or in bold. | Tex. Prop. Code §§ 92.103, 92.104, 92.109 | Verified |
| Deposit holding and interest | Not specified in state statute. No statute requires paying interest or using a separate account. We checked all of Chapter 92. The tenant's claim to the deposit comes before the landlord's other creditors, including in bankruptcy. | Tex. Prop. Code § 92.103(c) | Not in statute |
| Late fee cap and grace period | You may charge a late fee only if it is in a written lease, it is reasonable, and rent is still unpaid two full days after the due date. A fee is presumed reasonable up to 12% of monthly rent for buildings with 4 or fewer units, or 10% for buildings with more than 4 units. Violations cost $100 plus three times the fee plus attorney's fees. | Tex. Prop. Code § 92.019 | Verified |
| Landlord entry notice | Not specified in state statute. No statute sets a notice period for landlord entry. We checked all of Chapter 92. Set entry terms in the lease. (Any rule beyond the lease comes from case law or contract law, not a statute.) Note: Entry rights rest on the lease and general contract law, not statute. | Tex. Prop. Code ch. 92 | Not in statute |
| Rent increase notice | Not specified in state statute. No statute sets a rent-increase notice period. We checked all of Chapter 92. You can't raise rent mid-lease unless the lease allows it. A month-to-month tenancy ends on at least one month's notice (unless the lease says otherwise), so give at least that much before changing rent. | Tex. Prop. Code § 91.001 | Not in statute |
| Rent control status | Cities may not adopt rent control, except during a declared disaster housing emergency and only with the governor's approval. | Tex. Loc. Gov't Code § 214.902 | Verified |
| Eviction notice: nonpayment | Give at least 3 days' written notice to vacate before filing, unless the written lease sets a shorter or longer period. If the tenant was not late in any earlier month, the notice must be a notice to pay rent or vacate. Rules updated by S.B. 38, effective Jan 1, 2026. | Tex. Prop. Code § 24.005(a) | Verified |
| Eviction notice: lease violation | For a tenant in default, give at least 3 days' written notice to vacate before filing, unless the written lease sets a different period. The statute does not require an opportunity to cure. Check your lease and any federal-housing rules. | Tex. Prop. Code § 24.005(a) | Verified |
| Required disclosures | Give the written floodplain notice (§ 92.0135). The lease must state the tenant's repair remedies in underlined or bold print (§ 92.056(g)). On request, disclose the owner's and any off-site manager's name and address (§ 92.201). Provide an emergency phone number (§ 92.020). For multiunit complexes, give the parking and towing rules before signing (§ 92.0131). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | Tex. Prop. Code §§ 92.0135, 92.056(g), 92.201, 92.020, 92.0131; 40 CFR 745.113 | Verified |
| Fair housing beyond federal law | No added classes statewide. The Texas Fair Housing Act covers race, color, religion, sex, familial status and national origin, plus disability under its separate sections, the same classes as federal law. Local ordinances may add more. | Tex. Prop. Code §§ 301.021, 301.025 | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
Tools for Texas landlords
Late fee calculator
Model grace periods and fees.
Open →Prorated rent calculator
Mid-month move-ins.
Open →Rent increase calculator
New rent and annual impact.
Open →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.