Texas Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Texas
What are the late fee regulations in Texas?
Texas law (Texas Property Code § 92.019) allows landlords to charge late fees, but they must be reasonable and specified in the lease agreement. Late fees can only be charged if rent remains unpaid after two full days past the due date. The total of all late fees charged must not exceed 12% of the monthly rent. Landlords must provide written notice of late fee policies in the lease agreement. The late fee must be a reasonable estimate of damages the landlord will face due to late payment.
What are the rules for security deposits in Texas?
Under Texas law (Texas Property Code § 92.101-92.109), there is no statutory limit on security deposit amounts. Landlords must return the deposit within 30 days after the tenant moves out and provides a forwarding address. Security deposits can be used for unpaid rent, damages beyond normal wear and tear, and other lease violations. The landlord must provide an itemized list of deductions. If the landlord fails to return the deposit or provide an itemized list within 30 days, they may be liable for $100, three times the wrongfully withheld amount, plus attorney's fees. Tenants should document the condition of the unit at move-in and move-out with photos and written documentation.
What are the eviction rules and tenant protections in Texas?
Texas law (Texas Property Code Chapter 24) requires: 1) 3-day notice for non-payment of rent (unless lease specifies otherwise), 2) 3-day notice for lease violations (unless lease specifies otherwise), 3) 30-day notice for month-to-month termination. Self-help eviction is illegal - landlords must obtain a court order. The law provides special protections for victims of domestic violence (Texas Property Code § 92.016). Tenants can defend against eviction if the landlord failed to maintain the property or retaliated against the tenant for exercising legal rights. During eviction proceedings, tenants may be required to pay rent into the court registry. All notices must be in writing and properly served according to state law.
What are the maintenance requirements for landlords in Texas?
Texas Property Code § 92.052 requires landlords to maintain rental properties in a habitable condition. Requirements include: 1) Maintaining essential services including electrical, plumbing, heating and air conditioning systems, 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal, 5) Complying with applicable building and housing codes. Tenants must provide written notice of needed repairs. Landlords must make repairs within 7 days after receiving notice (or immediately for emergency repairs). If repairs aren't made, tenants may pursue legal remedies under Texas Property Code § 92.056, including termination of the lease, repair and deduct remedies, or civil penalties.
What notice is required for landlord entry in Texas?
Under Texas Property Code § 92.0081, landlords must provide reasonable advance notice before entering a rental unit, except in emergencies. While Texas law doesn't specify exact notice periods, most landlords provide 24-48 hours notice as a standard practice. Entry must be at reasonable times (typically 8 AM to 6 PM unless otherwise agreed). The notice should specify the purpose of entry and approximate time. Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. Tenants cannot unreasonably withhold consent to enter. The law protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Violations may be grounds for lease termination or legal action under Texas law.
What are the rules for rent increases in Texas?
In Texas, for month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent (Texas Property Code § 92.052). For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. Texas has no state-wide rent control laws, but increases cannot be retaliatory or discriminatory. The notice must be in writing and properly delivered to the tenant. Local ordinances may have additional requirements. Major cities like Houston, Dallas, Austin, and San Antonio may have specific guidelines. Any rent increase during a fixed-term lease must be explicitly allowed in the original lease agreement.
What are my rights regarding repairs in Texas?
Under Texas Property Code § 92.052, tenants have the right to: 1) A habitable living space that meets building and housing codes, 2) Written notice to landlord of needed repairs, 3) 7 days for landlord to make repairs after notice (or immediate response for emergencies). If the landlord fails to make necessary repairs, tenants may: 1) Terminate the lease with proper notice, 2) Make repairs and deduct the cost from rent (following specific statutory procedures), 3) File a complaint with local housing authorities, 4) Pursue legal remedies including civil penalties. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. Texas law provides specific procedures for repair-and-deduct remedies under Property Code § 92.0561.
What are Texas's requirements for smoke detectors?
Texas Property Code § 92.255-.258 requires working smoke detectors in all rental properties. Requirements include: 1) At least one smoke detector in each bedroom, 2) Smoke detectors outside each sleeping area, 3) At least one smoke detector on each floor, 4) Carbon monoxide detectors in units with fuel-burning appliances or attached garages. Landlords must: 1) Install and maintain working detectors, 2) Inspect and repair detectors at the start of tenancy, 3) Repair or replace non-functioning detectors within 7 days of notification (24 hours for smoke detector requests), 4) Follow manufacturer guidelines for replacement. Tenants are responsible for testing detectors regularly and replacing batteries. Tampering with detectors is prohibited and may result in penalties under state law.
What disclosures are required from Texas landlords?
Texas landlords must disclose: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location (Texas Property Code § 92.104) • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection documentation • Building code violations • Smoke detector locations and maintenance • Flood zone status (if applicable) • Previous methamphetamine contamination • Pest infestations and treatments • Military installation proximity notices • HOA rules (if applicable) • Crime-free housing program requirements (if participating) • Emergency maintenance contacts • Foreclosure proceedings (if applicable) • Fire safety systems • Submetering of utilities (if applicable) • Towing policies • Vehicle parking rules
What are the rules about security deposit deductions in Texas?
Under Texas Property Code § 92.104, landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease. Landlords must provide an itemized list of deductions within 30 days of move-out and return the remaining deposit. Security deposits must be returned within 30 days after the tenant surrenders the property and provides a forwarding address. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to comply with these requirements, they may be liable for $100, three times the wrongfully withheld amount, plus attorney fees. Texas does not set a statutory limit on security deposit amounts, but they must be reasonable.
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
