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Below is a summary of rental laws in Texas. This article is researched and cited according to the Official State Statute in Texas, however, it is very important that every landlord and property manager review their state and local laws and speak with an attorney in their state for further guidance and clarification.\u00a0<\/span><\/p>\n The Official State Statutes and other reputable municipal sources were used to research this information. Resource links to the Texas Official State Statutes on Landlord-Tenant Laws and the Texas Tenants\u2019 Rights Handbook or any other link provided have been included for your convenience.\u00a0<\/span><\/p>\n In Texas, there is not a governmental agency that has the power to intervene in a dispute between a landlord and tenant to force one or the other party to behave in any particular manner. A landlord or tenant who cannot resolve a dispute on their own would need to use the courts, either directly or through a lawyer, to enforce their legal rights.<\/span><\/p>\n Rental laws are amended and updated by state legislation, you are advised to speak with your local housing authority department and licensed attorney that specializes in landlord-tenant laws in Texas for a detailed interpretation of the rental laws that affect you. This article is an educational reference and does not constitute legal advice.<\/span><\/p>\n Texas Official State Statutes<\/strong><\/p>\n Property Code Title 8, Landlord and Tenant<\/span><\/a>:\u00a0<\/span><\/p>\n Chapter 91:<\/span> Provisions Generally Applicable to Landlords and Tenants<\/span><\/a><\/p>\n Chapter 92:<\/span> Residential Tenancies<\/span><\/a><\/p>\n Chapter 93:<\/span> Commercial Tenancies<\/span><\/a><\/p>\n Chapter 94:<\/span> Manufactured Home Tenancies<\/span><\/a><\/p>\n Property Code Title 4. Actions and Remedies<\/span><\/p>\n Chapter 24:<\/span> Forcible Entry and Detainer<\/span><\/a><\/p>\n Property Code Title 7, Condominiums<\/p>\n Chapter 82. Uniform Condominium Act<\/a><\/p>\n Texas Landlord-Tenant Handbook:<\/span> Texas Tenant\u2019s Rights Handbook<\/span><\/a><\/p>\n Texas\u2019 property code security deposit laws are cataloged in the <\/span>Texas Property Code, Subchapter C, \u00a7\u00a7\u00a0 92.101 – 92.110<\/span><\/a>.\u00a0<\/span><\/em><\/p>\n Max Security Deposit Amount<\/strong>:<\/b> No state statute\u00a0<\/span><\/p>\n Security Deposit Interest<\/strong>: No state statute<\/span><\/p>\n Additional Move-In Fees<\/strong>: No state statutes regarding the amount allowable for pet deposits, application fees, and other fees, including non-refundable fees.<\/span><\/p>\n Security Deposit Refund Timeline<\/strong>:<\/b> Must be postmarked by USPS on or before 30 days after vacancy if the forwarding address is known or provided prior to the deadline. Otherwise, must be mailed as soon as the forwarding address is provided after the deadline (<\/span>Tex. Prop. Code \u00a7 92.103<\/span><\/a> and <\/span>\u00a7 92.107<\/span><\/a>).<\/span><\/p>\n Legal Use of Security Deposit Funds<\/strong>: The landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or result of breaking the lease. However, the landlord may not deduct from the security deposit for items under normal wear and tear.\u00a0<\/span><\/p>\n The landlord must also give the tenant the balance of the security deposit and written description with an itemized accounting of all deductions unless the tenant owes any portion of rent when they vacate the premises and there is no controversy concerning the amount of rent is owed (<\/span>Tex. Prop. Code \u00a7 92.104<\/span><\/a>).<\/span><\/p>\n Failure to Comply with Security Deposit Laws<\/strong>: In Texas, a landlord may forfeit the right to withhold a security deposit and could also be liable for a sum of $100 <\/span>and<\/span><\/i> three times the portion of the deposit wrongfully withheld in addition to the tenant\u2019s reasonable attorney\u2019s fees.\u00a0<\/span><\/p>\n A landlord may not keep the security deposit (or other fees and\/or rent collected) if a tenant does not move-in and the landlord secures a replacement tenant before the commencement date of the original lease except for a cancellation fee agreed to in the lease or the actual expenses incurred to secure the replacement, including reasonable amount for the landlord’s time (<\/span>Tex. Prop. Code \u00a7 92.1031<\/span><\/a>).<\/span><\/p>\n Move-In and Move-Out Inspections<\/strong>:<\/b> No state statute\u00a0<\/span><\/p>\n Application Fees<\/strong>:<\/b> No state statute<\/span><\/p>\n Notice of Eligibility Requirements<\/strong>:<\/b> In Texas, the landlord must have a printed notice available to all applicants with the selection criteria and reasons an application may be denied. The applicant must sign that the notice was available to them.*<\/span><\/p>\n Application Refund<\/strong>:<\/b> A landlord may reject an application and keep the application fee if a) the selection criteria are not met and\/or the application information provided was incomplete or inaccurate and b) the landlord provides written information that a refund will be denied under those conditions.<\/span><\/p>\n *See the section Legal Disclosure Requirements below for notification requirements.<\/em>\u00a0<\/span><\/p>\n Increases:<\/strong><\/p>\n Maximum charge:<\/strong> No state statute<\/span><\/p>\n Grace Period:<\/strong> Rent is due the first of the month and is considered late the day after it is due. A rental agreement or lease can allow for an additional grace period and\/or allow for exceptions such as holiday and\/or weekend extensions. Although the rent is due on the first, late fees can not be imposed until two full days after the due date if it remains unpaid (<\/span>Tex. Prop. Code \u00a7 92.019<\/span><\/a>).<\/span><\/p>\n Late Fees:<\/strong> Landlords in Texas can charge between 10-12% depending on how many units are on the property (4 or less at 12%, more than 4 at 10%). Additionally, a landlord may charge more than the maximum to recover costs, expenses, or overhead associated with collecting the late payment. The landlord may charge an initial late fee as well as a daily fee until rent is paid. The initial late fee can not be accessed until a two-day grace period (<\/span>Tex. Prop. Code \u00a7 92.019<\/span><\/a>).<\/span><\/p>\n Cash Rental Payments:<\/strong> Unless noted otherwise in a lease agreement, the landlord must accept cash payments and offer a receipt for cash payments received. The landlord must also keep a record book of the cash payment date and amount (<\/span>Tex. Prop. Code \u00a7 92.011<\/span><\/a>).<\/span><\/p>\n Tenants Right to Withhold:<\/strong> A tenant may not withhold the last month’s rent in lieu of a security deposit held. However, there is no statute on a tenant withholding rent for failure to provide essential services. In Texas, tenants are allowed to deduct rent for repairs related to only health or safety issues and only if a) it is not more than one month’s rent or $500; whichever is greater <\/span>and<\/span><\/i> b) they gave the landlord prior notice (<\/span>Tex. Prop. Code <\/span>\u00a7\u00a7 92.056<\/span><\/a> and <\/span>92.0561).<\/span><\/a><\/p>\n Lease Terms<\/strong>:<\/strong> No state statutes<\/span><\/p>\n Lease Termination:<\/strong> Termination of a lease in Texas can occur by mutual agreement, when the lease ends (with property non-renewal notification), one party breaking the lease, or according to state or federal law. Unless noted in the lease, no state statutes outline notification timelines. However, in the case of an eviction (for nonpayment or other violations), the landlord must give written notice to allow the tenant three days to cure the violation before the landlord can file in court (Tex. Prop. Code \u00a7 24.005<\/a>).\u00a0<\/span><\/p>\n Early Termination Fees:<\/strong> A landlord must make a reasonable effort to find a replacement tenant if the tenant breaks a lease. If a replacement tenant is found or approved by the landlord, they may still charge a reasonable reletting fee. However, unless the landlord has given a release from the lease agreement if no replacement is found, a tenant is liable for paying the remaining rental payments outlined in the lease (Tex. Prop. Code \u00a7 91.006<\/a>)<\/span><\/p>\n Exceptions to Lease Termination Liability<\/strong>:<\/strong> A tenant may seek relief from an early termination fee and other liabilities and terminate a lease early if a victim of family violence or called to military service and provides appropriate documentation. Additionally, a lease may be terminated and responsible parties released from liability following the tenants’ death (see statute) (<\/span>Tex. Prop. Code \u00a7\u00a7 92.016-017).<\/span><\/a><\/p>\n Termination of Lease for Conviction: A landlord may terminate a lease if the tenant, occupant, tenant employee or agent was convicted of using the property under Chapter 43 Penal Code. The tenant must be given notice of termination within six months after the right to terminate arises. The right to possess the property returns to the landlord 10 days after notice (<\/span>Tex. Prop. Code \u00a7 91.003)<\/span><\/a><\/p>\n Renewals:<\/strong> A landlord in Texas may decide to not renew a lease for almost any reason. However, if the lease expires without a 30-day notice to terminate, the relationship will continue on a month-to-month basis.\u00a0<\/span><\/p>\n If neither party offers a notice to terminate, typically the long term lease will result in a month-to-month rental agreement and continues until either party offers one-month advance notice of termination (or if rent is paid more often, the notice time period is equal to the rental time period) (Handbook pg 7<\/a>).<\/span><\/p>\n Evictions:<\/strong> Evictions may be filed for failure to pay rent or failure to abide by the lease agreement. The Texas landlord must first terminate the right of possession in writing at least 72 hours prior to filing an eviction lawsuit. If the tenant does not move out, the landlord then files a written complaint (namely a forcible entry and detainer lawsuit) with the court. Check with state statutes and seek legal counsel for additional eviction steps and criteria (<\/span>Tex. Prop. Code \u00a7 24<\/span><\/a>).<\/span><\/p>\n Occupancy Limits:<\/strong> Maximum occupancy in Texas is three adults per bedroom (<\/span>Tex. Prop. Code \u00a7 92.010<\/span><\/a> see subsection b for exceptions).<\/span><\/p>\n Notice for Entry<\/strong>:<\/strong> No state statutes<\/span><\/p>\n Implied Warranty of Habitability:<\/strong><\/p>\n Required Amenities:<\/strong>\u00a0<\/span><\/p>\n Normal Wear and Tear:<\/strong> Items in the home experiencing normal wear and tear do not need to be remedied by the landlord in Texas unless stated in the lease (<\/span>Tex. Prop. Code \u00a7 92.052).<\/span><\/a><\/p>\n Health and Safety:<\/strong> The Justice of the Peace can order a landlord in Texas to remedy any condition that would affect a tenant\u2019s physical safety or health (not to exceed $10,000). See statute for additional conditions and liabilities for failure to comply and\/or violations (<\/span>Tex. Prop. Code \u00a7 92.0563).<\/span><\/a><\/p>\n Repair and Deduct:<\/strong> A tenant may only withhold rent if a repair request is a health or safety issue and with very specific criteria of the type of repair, notification, waiting period to allow landlord time to make a diligent effort, etc. see statute (<\/span>Tex. Prop Code \u00a7\u00a7 92.056-92.058).<\/span><\/a><\/p>\n Security and Safety:<\/strong> At the landlords\u2019 expense, smoke detectors and security devices (deadbolts on exterior doors, window latches, pin locks and handle latches or security bars for sliding glass doors, and door viewers must be provided and properly maintained. See statute for exceptions (<\/span>Tex. Prop. Code \u00a7 92.153)<\/span><\/a><\/p>\n Ownership and Agents<\/strong>:<\/strong> Disclosure of ownership and management is required in Texas.\u00a0 Landlords must disclose the name and address of the owner (holder of record title), management company, and any agent acting on their behalf. They also must post in a conspicuous place, continuously, the name and contact information for any on-site manager. Lastly, the information must also be included in the lease agreement (<\/span>Tex. Prop. Code \u00a7 92.201<\/span><\/a> and <\/span>Tex. Prop. Code \u00a7 92.006).<\/span><\/a><\/p>\nOFFICIAL STATE RESOURCES FOR LANDLORD-TENANT LAWS IN TEXAS<\/b><\/h2>\n
\nLAWS ABOUT SECURITY DEPOSITS<\/b><\/h2>\n
\nLAWS ABOUT RENTAL APPLICATIONS<\/b><\/h2>\n
\nLAWS ABOUT RENT<\/b><\/h2>\n
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\nLAWS ABOUT THE LEASE<\/b><\/h2>\n
\nLAWS ABOUT LANDLORD RESPONSIBILITIES<\/b><\/h2>\n
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\nLAWS ABOUT PROPERTY MAINTENANCE AND REPAIRS<\/b><\/h2>\n
\nLEGAL DISCLOSURE REQUIREMENTS<\/b><\/h2>\n