The Complete Texas Landlord Legal Guide for 2026
Texas is one of the most landlord-friendly states in the country, but "friendly" does not mean "no rules." The Texas Property Code is specific, and small mistakes, a missing flood disclosure, the wrong notice period, a deposit returned on day 31, can cost a landlord thousands per unit.
This is not legal advice. It is a plain-English map of the statutes that govern your Texas lease, deposit, notices, and eviction, current through the 89th Legislature (including SB 38, effective 2026).
This guide is written for three kinds of Texas landlords:
- Small Texas landlords renting one to ten single-family homes, duplexes, or condos, usually self-managing.
- New Texas investors who just closed on a rental and are about to sign their first lease.
- Accidental landlords who inherited a house, moved for work, or could not sell.
If you run a 300-unit complex with in-house counsel, this is not for you. Everyone else, read on.
## Texas Property Code Chapter 92 overview
Chapter 92 of the Texas Property Code is the backbone of Texas residential landlord-tenant law. It covers:
- Security deposits (Tex. Prop. Code 92.101 to 92.109)
- Repair duties (Tex. Prop. Code 92.051 to 92.062)
- Retaliation (Tex. Prop. Code 92.331 to 92.335)
- Security devices (Tex. Prop. Code 92.151 to 92.170)
- Smoke alarms (Tex. Prop. Code 92.251 to 92.262)
- Owner and management disclosure (Tex. Prop. Code 92.201 to 92.205)
- Utility interruption and lockouts (Tex. Prop. Code 92.008 and 92.0081)
- Late fees (Tex. Prop. Code 92.019)
- Flood disclosure (Tex. Prop. Code 92.0135, added by HB 531, effective January 1, 2022)
What Chapter 92 does not cover: the eviction process itself (Tex. Prop. Code Chapter 24 and Texas Rules of Civil Procedure Rule 510), commercial leases (Chapter 93), manufactured home lots (Chapter 94), condominium rules (Chapters 81 and 82), or federal overlays like HUD, Section 8, fair housing, lead-based paint, and SCRA. A compliant Texas lease has to satisfy Chapter 92 and the relevant federal rules.
## Security deposit rules (Tex. Prop. Code 92.101 to 92.109)
Texas security deposit law is one of the cleanest in the country, and also one of the most expensive to get wrong.
No statutory cap. Unlike many states, Texas does not cap the security deposit. You can charge whatever the market bears. Tex. Prop. Code 92.102 defines a security deposit as any advance of money, other than an application deposit or advance rent, intended to secure performance.
30-day return deadline. Under Tex. Prop. Code 92.103, you must refund the deposit, minus lawful deductions, within 30 days after the tenant surrenders the premises and gives you a forwarding address in writing. Both conditions matter. No forwarding address, no 30-day clock, but you still have to hold the money in good faith.
Itemized written description. If you deduct anything, Tex. Prop. Code 92.104 requires a written, itemized list of deductions with any balance. "Damages, $850" is not itemized. "Carpet replacement in master bedroom, $650; interior repaint due to smoke damage, $200" is. Keep receipts, photos, and contractor invoices to back every line item. If the case ends up in justice court, your documentation is the entire defense.
Normal wear and tear is not deductible. Tex. Prop. Code 92.104(b) explicitly prohibits deducting for normal wear and tear. Faded paint after three years is wear. A hole punched in the drywall is damage. A worn traffic pattern in a hallway carpet is wear. A cigarette burn is damage. The distinction matters and is litigated constantly.
No withholding the deposit because of advance rent notice. Tex. Prop. Code 92.108 prohibits the landlord from withholding any portion of the deposit for the tenant's failure to give the landlord advance notice of surrender, unless the lease contains specific statutory language in underlined or bold print. Read the exact wording in 92.108 and reproduce it verbatim if you want this clause to be enforceable.
Penalties for bad faith. Under Tex. Prop. Code 92.109, a landlord who in bad faith retains a deposit is liable for $100 plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees. Bad faith is presumed if you fail to return the deposit or provide a written itemization within 30 days (Tex. Prop. Code 92.109(d)). A $2,000 deposit withheld in bad faith exposes you to $6,100 plus fees. Treat the 30-day deadline as non-negotiable.
## Notice to vacate and notice to quit rules
Before you can file an eviction in a Texas justice court, you almost always have to give a written notice to vacate (sometimes called a notice to quit).
Default: 3 days. Under Tex. Prop. Code 24.005(a), the default notice to vacate period is at least three days before filing the eviction suit, unless the parties have contracted for a shorter or longer period in a written lease. Many Texas leases contract down to "immediately" or "one day." That clause is enforceable if it is in writing and signed.
Written requirement. The notice must be in writing. Oral "I told him to leave" is not notice under the statute. Tex. Prop. Code 24.005(f) also allows the notice to demand possession or contain a demand for payment of rent and possession (the "pay or quit" variety).
Service methods. Tex. Prop. Code 24.005(f-1) and (f-2) allow service by (1) personal delivery to the tenant or any person 16 or older residing at the premises, (2) affixing the notice to the inside of the main entry door under specific conditions, or (3) regular, registered, or certified mail to the premises. Read 24.005 in full before using the affix method.
Month-to-month tenancies. Tex. Prop. Code 91.001 generally requires at least one month's notice, or a full rental period's notice if shorter, to terminate, separate from the eviction notice to vacate.
## Lease termination and eviction process
Texas evictions are filed in justice court and move faster than in almost any other state. The flow: (1) breach or non-payment, (2) written notice to vacate under Tex. Prop. Code 24.005, (3) after the notice runs, landlord files a forcible detainer suit in the justice court for the precinct where the property sits, (4) trial, (5) if landlord wins, a limited appeal window, then a writ of possession.
SB 38 changes. The 89th Legislature passed SB 38, effective January 1, 2026, tightening several eviction procedures: clarified service rules, writ of possession timelines, stricter notice documentation, and updated justice court procedures. If you are filing evictions in 2026 on pre-2026 checklists, pull the current Texas Rules of Civil Procedure Rule 510 and the SB 38 text before you file.
Retaliation is prohibited. Tex. Prop. Code 92.331 to 92.335 bars retaliating against a tenant who, in good faith, requests repairs, complains to a government agency, exercises a right, or joins a tenants' organization. Retaliation includes eviction, rent increases, decreased services, or filing suit within six months of the protected activity (Tex. Prop. Code 92.331(a)). Penalty under Tex. Prop. Code 92.333: one month's rent plus $500, actual damages, court costs, and attorney's fees. Document the reason for every adverse action.
Texas late-fee law changed meaningfully in 2019 with HB 1414, now codified at Tex. Prop. Code 92.019.
The rules:
- Late fee must be in a written lease.
- At least a 2-day grace period after rent due date (Tex. Prop. Code 92.019(a)(2)).
- Fee must be reasonable, a reasonable estimate of uncertain damages incapable of precise calculation.
- Safe harbor. Tex. Prop. Code 92.019(a-1): a late fee is presumptively reasonable if it does not exceed 12% of rent for dwellings in structures with 4 or fewer units, or 10% of rent for structures with more than 4 units.
- Penalty. Violation: $100 plus three times the fee plus attorney's fees (Tex. Prop. Code 92.019(d)).
On a $2,500 single-family rent, a $300 flat fee is inside safe harbor (12%); $500 is not, and exposes you to triple damages.
Texas is less disclosure-heavy than, say, California, but there are several disclosures you must make or you lose rights later.
1. Federal lead-based paint disclosure. Required for properties built before 1978 under 42 U.S.C. 4852d and 24 C.F.R. Part 35. Tenant must receive the EPA pamphlet and a signed disclosure before signing the lease. Not optional.
2. Flood disclosure (HB 531). Codified at Tex. Prop. Code 92.0135. For leases entered into on or after January 1, 2022, the landlord must disclose in writing whether the dwelling is in a 100-year floodplain and whether it has flooded at least once in the last 5 years. Failure gives the tenant termination rights if it floods. Use the statutory form language.
3. Certificate of occupancy. Some Texas cities (Houston, Dallas, others) require rental registration or certificates of occupancy. Local, not Chapter 92, but can make the lease unenforceable. Check your city.
4. Bed bug disclosure. No statewide rule, but some municipalities impose one. Verify locally.
5. Owner and management disclosure. Tex. Prop. Code 92.201 requires disclosure in the lease or another writing of the name and address of the management company (if any) and the owner or agent for service. If you fail and the tenant requests, you have 7 days to provide it; failure triggers remedies under 92.205. Put owner and management contact information directly in the lease.
6. Smoke alarms. Installation and testing duties sit in Tex. Prop. Code 92.251 to 92.262.
## Repair obligations and security devices
Texas landlords have a statutory duty to repair conditions that materially affect the physical health or safety of an ordinary tenant.
The core duty. Tex. Prop. Code 92.052 requires the landlord to make a diligent effort to repair or remedy a condition if (1) the tenant gives written notice, (2) the tenant is not delinquent in rent at the time of notice, and (3) the condition is not caused by the tenant, a lawful occupant, family, or guest.
Timing. Tex. Prop. Code 92.056 requires repair within a "reasonable time." The statute presumes 7 days is reasonable, rebuttable by the nature of the defect.
Tenant remedies. Under Tex. Prop. Code 92.056(b) and 92.0561, the tenant may terminate the lease, repair and deduct from rent (capped), or obtain a judicial order.
Security devices. Tex. Prop. Code 92.151 to 92.170 requires landlords, at their own expense and without any tenant request, to equip each exterior door with a keyless bolting device, a door viewer (peephole), a pin lock or security bar on sliding doors, and keyed deadbolts with specific requirements. Failure triggers remedies under Tex. Prop. Code 92.164, including tenant self-install with rent deduction and potential termination.
## Handling utility shutoffs and lockouts
Do not shut off utilities or change locks as a collection tactic. Texas treats self-help eviction as a serious violation.
Utility shutoffs are prohibited. Tex. Prop. Code 92.008 prohibits interrupting utility service paid by the tenant directly to the utility, except for bona fide repairs. Tex. Prop. Code 92.0081 prohibits shutting off submetered or landlord-paid utilities to push the tenant out, including for nonpayment. Penalty under 92.008(f): actual damages, one month's rent or $500 (whichever is greater), attorney's fees, and court costs.
Lockouts. Tex. Prop. Code 92.0081(b) allows a landlord to change locks only under narrow circumstances and with written notice posted on the front door stating where to get the new key. Misread it and you owe the tenant one month's rent plus $1,000 plus attorney's fees under 92.0081(h).
If a tenant stops paying, the answer is a written notice to vacate and a justice court filing, never a disconnected breaker or a re-keyed door.
Four categories come up constantly in the Texas leases our team audits:
- Missing flood disclosure. Pre-2022 lease forms often still do not have HB 531 language. Every 2026 lease needs it, even if the property has never flooded.
- Wrong notice period. Using a 30-day California notice in Texas, or using 3 days when the lease contracted for longer. The notice must match the lease. Too short kills the eviction.
- Incomplete owner and management information. Tex. Prop. Code 92.201 disclosure is often buried in an addendum or missing. Put the management company and owner's name and address (or agent for service) directly in the lease.
- Late fees that blow safe harbor. $100 on $900 rent (11%) is fine. $100 on $400 rent (25%) is not, and exposes you to triple damages under Tex. Prop. Code 92.019(d). Calculate the ratio.
- Security deposit returned to the old address. The 30-day clock under Tex. Prop. Code 92.103 starts when the tenant surrenders and provides a forwarding address in writing. Sending the check to the rented unit after the tenant moves out does not satisfy the statute; neither does an emailed address unless the lease authorizes electronic notice.
- No written repair request on file. Tenant remedies under Tex. Prop. Code 92.056 kick in only after written notice. If your only record is a text message saying "AC broken again," pin it down in writing, dated, and keep a copy. Without it, the tenant's repair-and-deduct claim is weaker, and so is your defense to a retaliation counterclaim.
## When to consult an attorney
Our team builds document services, not court representation. Get a licensed Texas attorney for:
- Any contested eviction with habitability counterclaims or retaliation defense.
- Habitability disputes under Tex. Prop. Code 92.056 (repair-and-deduct, abatement, termination).
- Security deposit litigation over $500. Once exposure crosses statutory trebling plus fees, the math favors counsel.
- Fair housing complaints (HUD or TWCCRD).
- Any SCRA servicemember issue. Do not improvise.
- Multi-unit acquisitions and LLC structuring. Chapter 92 does not address entity choice, asset protection, or insurance.
Q: How much can a Texas landlord charge for a security deposit? A: No statutory cap. Charge what the market allows. Remember the 30-day return rule (Tex. Prop. Code 92.103) and bad-faith penalties (92.109).
Q: Do I have to return a deposit if the tenant broke the lease? A: Yes, subject to deductions for unpaid rent and damages beyond normal wear and tear. Itemized statement still due within 30 days of surrender plus forwarding address.
Q: How many days notice before filing an eviction? A: Tex. Prop. Code 24.005 default is 3 days, unless your lease says otherwise.
Q: Can I charge whatever late fee I want? A: No. Tex. Prop. Code 92.019 requires the fee to be reasonable and inside safe harbor (12% single-family or small multi-family, 10% larger buildings). Must be written in the lease with at least a 2-day grace period.
Q: Do I really have to disclose if the property is in a floodplain? A: Yes, for leases signed on or after January 1, 2022. Tex. Prop. Code 92.0135 requires written disclosure of 100-year floodplain status and flooding in the last 5 years.
Q: Can I shut off utilities if rent is unpaid? A: No. Tex. Prop. Code 92.008 and 92.0081 flatly prohibit it. File an eviction instead.
Q: Are required security devices (keyless bolts, door viewers) really my expense? A: Yes. Tex. Prop. Code 92.153 requires the landlord to install them at the landlord's cost, without a tenant request, before occupancy.
If you need a Texas residential lease that includes every required disclosure under Chapter 92 and the flood notice, our team's Texas lease template at leasekit.io/templates/texas-residential-lease covers it for $29 one-time.