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Texas laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Texas landlords and tenants.
Texas law regulates very little of the tenant application and screening process.
There is no law in Texas that prohibits landlords from charging an application fee.
A tenant screening report is a credit report, criminal background report, employment history report, or rental history report that a landlord uses to determine whether an applicant would be an acceptable tenant. Texas landlords are free to charge reasonable amounts for tenant screening reports.
Texas law states that a landlord isn't automatically liable for harm caused by a tenant with a criminal history just because the landlord rented to the person. However, the landlord might be liable if they are negligent in leasing to a person convicted of certain crimes and knew or should've known of the conviction. (Tex. Prop. Code § 92.025 (2024).)
Texas' law stating that a landlord might be liable for negligently renting to people with certain convictions has the potential to put landlords at odds with federal antidiscrimination law. That's because under federal antidiscrimination laws, when landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.
All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating on the basis of:
Texas' Fair Housing Act mirrors the categories protected under the federal fair housing laws. (Tex. Prop. Code §§ 301.001 to 301.171 (2024).)
For more information about Texas' fair housing laws, check out the Texas Department of Housing and Community Affairs' website.
The landlord must provide at least one tenant with a copy of the signed lease no later than the third business day after the lease is signed. The landlord must provide any additional tenants with copies if requested. An email or electric copy is fine if the tenant agrees to it.
If the landlord fails to provide a copy of the lease as required, the landlord can't take any legal action against the tenant (except in the case of nonpayment of rent) until a copy of the lease is provided. (Tex. Prop. Code § 92.024 (2024).)
Texas doesn't set a cap on how much landlords can charge for a security deposit. It does, however, regulate how landlords can use security deposits and when they must be returned.
Unlike many other states, Texas doesn't lay out strict requirements for how landlords must hold security deposits. Instead, landlords must simply "keep accurate records of all security deposits." (Tex. Prop. Code § 92.106 (2024).)
Landlords can retain part or all of the security deposit to cover unpaid rent and damages to the unit (except normal wear and tear). If a landlord retains all or part of the security deposit, they must provide the tenant with a written description and itemized list of all deductions. But, the landlord isn't required to give a description and itemized list of deductions if:
(Tex. Prop. Code § 92.104 (2024).)
Landlords must refund security deposits no more than 30 days after the date the tenant moves out. The return of the security deposit can be conditioned on the tenant's giving advance notice of their intent to move out. However, this requirement must be put in underlined or conspicuous, bold print in the lease. (Tex. Prop. Code § 92.103 (2024).)
The 30-day deadline doesn't start to run, though, until the tenant has provided the landlord with a written statement of the tenant's forwarding address. (Tex. Prop. Code § 92.107 (2024).)
If a tenant signs a lease and gives the landlord a security deposit or rent prepayment, but doesn't move in, the landlord can keep the funds if no replacement tenant is found. If the landlord is the one who finds a replacement tenant, they can keep any sum agreed to in the lease as a cancellation fee or the actual expenses the landlord had in finding a replacement tenant. (Tex. Prop. Code § 92.1031 (2024).)
Tenants in Texas should be sure to never withhold payment of any portion of the last month's rent thinking that the security deposit will cover it. Tenants who do this are presumed to be acting in bad faith, and Texas law entitles the landlord to sue the tenant for an amount equal to three times the rent wrongfully withheld, along with the landlord's attorneys' fees. (Tex. Prop. Code § 92.108 (2024).)
If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. In Texas, small claims matters (those where the amount in question is no more than $20,000) are filed in the county justice of the peace courts. These courts can also hear general landlord-tenant disputes and evictions.
Small claims court procedures tend to be simpler than those of regular courts, and, although Texas allows parties to have lawyers, many people represent themselves.
In Texas, rent is due on whatever day the landlord and tenant agree to.
Texas law does not require landlords to give tenants a grace period for paying rent. However, a landlord and tenant can agree in the lease or rental agreement that there will be a grace period.
Texas landlords can charge late fees if the:
Late fees must be reasonable. Texas law states that a late fee is reasonable if it:
The fee might be higher if the landlord can show that they incurred actual costs greater than these amounts. (Tex. Prop. Code § 92.019 (2024).)
In many states, landlords must disclose specific information to tenants and potential tenants. Texas landlords must disclose information about:
In addition, landlords in all states must follow federal lead-based paint disclosure rules.
Landlords must accept cash rent payments unless the lease requires rent to be paid in another manner. When a landlord receives a cash rent payment, they must provide the tenant with a written receipt and enter the payment date and amount in a record book maintained by the landlord. (Tex. Prop. Code § 92.011 (2024).)
Texas landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so.
For month-to-month tenancies, Texas law doesn't specify the amount of notice landlords must give to raise the rent. A reasonable amount of notice would likely be the same length of time that the agreement is for: 30 days.
Like landlords in all states, Texas landlords must provide rentals that are safe and fit for human habitation.
Specifically, Texas landlords are required to make a diligent effort to repair or remedy a condition when:
(Tex. Prop. Code § 92.052 (2024).)
When a tenant gives a landlord notice about a problem that affects health or safety, but the landlord doesn't fix it within a reasonable amount of time (usually seven days), the tenant might have the option to:
(Tex. Prop. Code §§ 92.056, 92.0563 (2024).)
Tenants who decide to make repairs and withhold rent should do so cautiously. If a tenant wrongfully withholds the rent or makes repairs, they could be liable to the landlord for one month's rent plus $500. (Tex. Prop. Code § 92.058 (2024).) A tenant who is considering making repairs and withholding the cost from rent should consider consulting with an attorney to make sure the remedy is available to them.
Texas landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.
In Texas, a landlord can terminate a tenancy early if the tenant does not pay rent or violates the lease or rental agreement (for example, by having a dog when none are allowed or continually throwing loud parties). Before filing an eviction lawsuit, the landlord must first give the tenant a three-day notice to vacate, unless the lease or rental agreement provides for a shorter or longer notice period. The landlord doesn't have to give the tenant the option to fix the violation or pay the rent. If the tenant doesn't move out of the rental unit after three days, then the landlord can file an eviction lawsuit (also known as a forcible detainer suit) with the court. (Tex. Prop. Code § 24.005 (2024).)
The rules for terminating a tenancy without cause vary depending on whether the tenancy is month-to-month (pursuant to a rental agreement) or for a fixed term (pursuant to a lease).
When a Texas landlord wishes to end the tenancy of a tenant who has a month-to-month rental agreement, the amount of notice required depends on how often the tenant pays rent:
This notice must state the date by which the tenancy will end and that the tenant must move out of the rental unit by that time. (Tex. Prop. Code § 91.001 (2024).)
A landlord can't end a fixed-term tenancy early without cause—a lease guarantees tenants the right to stay at the property (so long as they don't violate its terms) for the duration of the time stated. When landlords wish to have tenants with a lease move out without having cause (such as a failure to pay rent), they must wait until the term ends.
However, the landlord is not required to give the tenant notice that the lease isn't being renewed, unless the lease specifically requires it. For example, if the tenant has a year-long lease that expires in December and the tenant has not requested a renewal, the landlord does not need to give the tenant notice to move out of the rental unit by the end of December (unless such notice is required in the lease). When December comes around, the landlord can expect the tenant to move out of the rental unit by the end of the month.
When tenants don't move out at the end of a lease, they become holdover tenants—tenants who do not have the protection of a lease. To remove a holdover tenant in Texas, the landlord must give the tenant a three-day notice to vacate. If the tenant does not move out by the end of the three days, then the landlord can file an eviction lawsuit with the court. (Tex. Prop. Code § 24.005 (2024).)
For more details about Texas evictions, including possible eviction defenses, see Nolo's The Eviction Process in Texas: Rules for Landlords and Property Managers.
Although Texas doesn't have a specific law about when and how landlords can enter a rental property, landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property.
If you want to read the text of a law itself, see Texas' online catalog of its constitution and statutes.
Cities and counties often pass local ordinances, health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Texas and then search when you're on the site.
Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Texas.
Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Texas. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.
The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.
For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.
You'll also find a wealth of information in Nolo's landlord-tenant books.