Texas Landlord-Tenant Law
Texas sets no statewide ceiling on security deposits, but the landlord must refund it within 30 days after move-out; no statute fixes a notice period before a landlord enters, and state law bars cities from adopting rent control.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Security deposits in Texas
Maximum deposit
Texas sets no limit on how much a landlord may charge as a security deposit (Tex. Prop. Code ch. 92, subch. C). (Tex. Prop. Code §§ 92.101–92.113 (no amount cap))
Return deadline
Landlords must refund the deposit, with an itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises, but need not do so until the tenant gives a written forwarding address (Tex. Prop. Code §§ 92.103(a), 92.107). (Tex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107, Tex. Prop. Code § 92.1041 (mailbox presumption))
Itemized deductions
A landlord who keeps any part of the deposit must give the tenant the balance with a written description and itemized list of all deductions, unless the only deduction is undisputed unpaid rent (Tex. Prop. Code § 92.104(c)). (Tex. Prop. Code § 92.104)
Interest on deposits
Texas law does not require landlords to pay interest on security deposits (Tex. Prop. Code ch. 92, subch. C). (Tex. Prop. Code §§ 92.101–92.113 (silent on interest))
Penalty for wrongful withholding
A landlord who in bad faith keeps a deposit owes $100 plus three times the wrongly withheld amount and the tenant's attorney's fees, and missing the 30-day deadline is presumed bad faith (Tex. Prop. Code § 92.109). (Tex. Prop. Code § 92.109)
Texas late fees
Late-fee limit
A late fee must be in a written lease and reasonable, which the statute presumes for fees up to 12% of rent in buildings of 4 or fewer units or 10% in buildings of more than 4 units (Tex. Prop. Code § 92.019(a), (a-1)). (Tex. Prop. Code § 92.019(a-1), (b))
- In effect since .
- Before : A late fee had to be a reasonable estimate of uncertain damages; no percentage safe harbor (S.B. 1414 added the 12%/10% tests for leases entered or renewed on or after Sept. 1, 2019).
Grace period
A landlord may not charge a late fee until rent has stayed unpaid two full days after the due date, so rent due on the 1st can be charged a late fee on the 4th at the earliest (Tex. Prop. Code § 92.019(a)(3)). (Tex. Prop. Code § 92.019(a)(3), S.B. 1414, 86th Leg., R.S. (2019), enrolled)
- In effect since .
- Before : A late fee could be charged once rent remained unpaid one full day after the due date; S.B. 1414 changed this to two full days for leases entered or renewed on or after Sept. 1, 2019.
Landlord entry in Texas
Texas has no statute requiring notice before a landlord enters, so entry rights depend on the lease; write entry terms into the lease (Tex. Prop. Code ch. 92 is silent). (Tex. Prop. Code ch. 92 (no entry-notice provision))
Ending a month-to-month tenancy in Texas
Either party can end a month-to-month tenancy with at least one month's notice, unless both signed an agreement setting a different notice period (Tex. Prop. Code § 91.001). (Tex. Prop. Code § 91.001)
Landlord: 30 days · Tenant: 30 days
One month's notice (tenancy ends on the later of the date in the notice or one month after notice is given); for rent periods shorter than a month, notice equal to the rent period. A signed agreement can set a different period or waive notice.
Rent increase notice in Texas
Texas has no statute on rent-increase notice, so rent can only rise as the lease allows or, for month-to-month tenants, with notice at least as long as needed to end the tenancy (one month under Tex. Prop. Code § 91.001). (Tex. Prop. Code chs. 91–92 (no rent-increase notice provision))
Rent control in Texas
Texas has no statewide rent control, and state law provides for city rent control only temporarily during a declared disaster with the governor's approval (Tex. Loc. Gov't Code § 214.902). (Tex. Loc. Gov't Code § 214.902, Tex. Prop. Code § 1.004 (preemption, H.B. 2127))
Required lease disclosures in Texas
Texas leases must include floodplain notices, bold or underlined repair-remedy language and early-termination-rights language, and landlords must give an emergency phone number, any parking rules, owner and manager details on request, and a lease copy within 3 business days (Tex. Prop. Code §§ 92.0135, 92.056(g), 92.016, 92.020, 92.0131, 92.201, 92.024). (Tex. Prop. Code ch. 92, S.B. 2349, 89th Leg., R.S. (2025), enrolled)
- Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F
- Floodplain and prior-flooding notice (statutory wording), signed by landlord and tenant (At or before lease signing, in the lease, an addendum or a separate document; not required for leases under 30 days) — Tex. Prop. Code § 92.0135
- Tenant repair remedies (§§ 92.056, 92.0561) stated in the lease in underlined or bold print (In every written lease) — Tex. Prop. Code § 92.056(g)
- Statement that tenants may have special statutory rights to end the lease early for family violence, certain sex offenses or stalking, or military deployment or transfer (In the lease; if missing, a tenant who ends the lease under these sections is released from delinquent rent) — Tex. Prop. Code §§ 92.016(f), 92.0161(g), 92.017(g)
- Telephone number for reporting emergencies (answered 24 hours if there is an on-site office, and posted outside it) (During tenancy) — Tex. Prop. Code § 92.020
- Copy of vehicle towing or parking rules, signed or in the lease under a capitalized, underlined or bold "Parking" heading (Multiunit complexes, before the lease is signed; written notice of changes at least 14 days before they take effect) — Tex. Prop. Code § 92.0131
- Name and address of the record owner and any off-site management company (Within 7 days of a tenant's request, or in advance in the lease, written rules or a posted notice) — Tex. Prop. Code § 92.201
- Complete copy of the signed lease (Within 3 business days after all parties sign) — Tex. Prop. Code § 92.024
- Printed tenant selection criteria with signed acknowledgment (When a rental application is provided; otherwise a rejected applicant's fee must be refunded) — Tex. Prop. Code § 92.3515
- In effect since .
- Before : Before Sept. 1, 2025, the floodplain notices (in force since Jan. 1, 2022) had to be in a separate written document. S.B. 2349 also allows a lease paragraph or addendum, requires both parties to sign it, and exempts leases under 30 days and short pre- or post-closing occupancies (for leases entered or renewed on or after Sept. 1, 2025).
Eviction notices in Texas
Unpaid rent
For nonpayment, a landlord must give at least 3 days' written notice before filing, and if the tenant was not late before that month the notice must be a notice to pay rent or vacate, unless the lease sets a different period (Tex. Prop. Code § 24.005(a)). (Tex. Prop. Code § 24.005(a), (f-3), Tex. Prop. Code § 24.0042 (computation of time), S.B. 38, 89th Leg., R.S. (2025), enrolled)
- In effect since .
- Before : For suits filed before Jan. 1, 2026, § 24.005(a) required a 3-day written notice to vacate (unless the lease set a different period) with no pay-or-vacate requirement; delivery was governed by former subsections (f)–(i), repealed by S.B. 38.
Lease violations
For other lease defaults, a landlord must give at least 3 days' written notice to vacate before filing an eviction suit, unless the lease sets a different period, and Texas law gives no right to cure (Tex. Prop. Code § 24.005(a)). (Tex. Prop. Code § 24.005(a))
Texas compared with neighbouring states
| State | Deposit cap | Deposit return | Late fee | Entry notice | Rent control |
|---|---|---|---|---|---|
| Texas | No state capTex. Prop. Code §§ 92.101–92.113 (no amount cap) | 30 days after move-outTex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107, Tex. Prop. Code § 92.1041 (mailbox presumption) | Safe harbor: up to 12% of monthly rent for a dwelling in a structure with 4 or fewer units, up to 10% for a structure with more than 4 units; a higher fee is allowed only if it does not exceed the landlord's uncertain damages from late payment. Initial plus daily fees count together as one fee; grace: 2 daysTex. Prop. Code § 92.019(a-1), (b), Tex. Prop. Code § 92.019(a)(3), S.B. 1414, 86th Leg., R.S. (2019), enrolled | No state ruleTex. Prop. Code ch. 92 (no entry-notice provision) | None; cities barred from adopting itTex. Loc. Gov't Code § 214.902, Tex. Prop. Code § 1.004 (preemption, H.B. 2127) |
| Arkansas | 2 months' rent (with exceptions) | 60 days after the lease ends | No state cap; grace: no state grace period | No state rule | None; cities barred from adopting it |
| Louisiana | No state cap | 30 days after the lease ends | No state cap; grace: no state grace period | No state rule | None; cities barred from adopting it |
| New Mexico | 1 month's rent (with exceptions) | 30 days after move-out | Statutory formula; grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
| Oklahoma | No state cap | 45 days after the tenant's written request | Reasonableness (case law); grace: no state grace period | 24 hours' notice | None; cities barred from adopting it |
Writing a Texas lease
The Texas residential lease agreement page turns these rules into a one-page table and a disclosure checklist. MakeLease generates a customizable lease; add these Texas disclosures and terms.
Create a Texas leaseLandlord-tenant law in other states
- Texas late fee law
- Texas landlord entry notice rules
- Texas rent increase rules
- Texas eviction notice rules