Houston Landlord Laws, the 2026 Quick Guide
Houston operates under Texas state landlord-tenant law (Tex. Prop. Code Chapter 92) with limited city-specific overlays. Texas is among the most landlord-friendly states in the US: no statewide rent control, no statutory cap on security deposits, fast eviction procedure, and broad late-fee allowances. This is the Houston-specific quick reference for 2026.
The state floor: - Security deposit: no statutory cap (Tex. Prop. Code 92.101 et seq.). - Return deadline: 30 days from tenant vacating + forwarding address (Tex. Prop. Code 92.103). - Late fee cap: 12% of monthly rent for 1-4 unit buildings, 10% for larger (Tex. Prop. Code 92.019), with a 2-day grace period. - Notice to vacate: 3 days minimum (Tex. Prop. Code 24.005). - Habitability: limited statutory duty (Tex. Prop. Code 92.052), case-law overlay. - Flood disclosure: HB 531 (87th Leg.) added Tex. Prop. Code 92.0135, effective Jan 1, 2022. - Rent control: preempted statewide (Tex. Loc. Gov't Code 214.902).
Houston has no city rent control (preempted) and no Houston-specific just-cause eviction ordinance. Harris County operates ordinary eviction (forcible detainer) procedures via Justice of the Peace courts.
What Houston layers on top: - Houston Building Code habitability inspections by the Houston Department of Public Works. - Multi-Family Habitability Inspection Program for buildings of 5+ units, with periodic city inspections. - Lead-based paint disclosure for pre-1978 buildings (federal 24 CFR Part 35). - Flood disclosure (Tex. Prop. Code 92.0135). Houston has many flood-prone properties, so this is high-impact in Harris County. - Lease registration: Houston does NOT require landlord registration (unlike some Texas cities).
Houston evictions go through Harris County Justice of the Peace (JP) courts. Procedure:
- Serve a 3-day notice to vacate (Tex. Prop. Code 24.005).
- File a forcible detainer petition in the relevant JP court ($46-$70 filing fee).
- Tenant has 6-10 days from service to answer.
- Hearing within 14-21 days.
- Either party may appeal to County Court at Law within 5 days of judgment, posting a bond.
- Writ of possession issued; constable schedules set-out (typically 5-10 days).
Total timeline uncontested: 3-5 weeks. SB 38 (89th Leg., effective Jan 1, 2026) tightened some procedural rules but did not change the basic flow.
Skipping the flood disclosure. Houston is in the flood plain across many neighborhoods. HB 531 (87th Leg.) requires the disclosure for any property in a 100-year floodplain or that has flooded in the last 5 years. Skipping is a common trap for out-of-state owners.
Late fee above 12% of rent. Tex. Prop. Code 92.019 caps at 12% (1-4 unit) or 10% (larger). Generic out-of-state lease templates often have higher late fees, which are unenforceable in Texas.
For a Houston-ready Texas residential lease that includes the HB 531 flood disclosure, the 92.019 late-fee calculation, and the 24.005 notice template, see leasekit.io/templates/texas-residential-lease for $29 one-time.