Texas landlord-tenant law.
Quick-reference on Texas residential landlord-tenant rules, primary statute Tex. Prop. Code Chapter 92. Below are every LeaseKit tool that applies to Texas: calculators, templates, free checklist PDF, blog guides, and frequently asked questions.
SB 38 amending 24.005 effective January 2026
Texas rules at a glance.
- Deposit cap
- No statewide cap
- Return deadline
- 30 days with itemization (after forwarding address)
- Late fee cap
- 12% monthly for 4 or fewer units, 10% for larger (92.019)
- Pay-or-quit notice
- 3 days (24.005)
- Month-to-month termination
- 30 days (91.001)
- Rent cap
- None; local rent control preempted
Texas documents.
Answer questions for free before the PDF.
Written for Texas landlords.
Texas landlord FAQ.
- What must a Texas residential lease include?โ
- Can a Texas landlord raise rent during a fixed-term lease?โ
- How much can a Texas landlord charge as a security deposit?โ
- Does a Texas lease require a lead-paint disclosure?โ
- Can a Texas lease end early?โ
- Does a Texas lease need to be in writing?โ
- Does a Texas lease automatically renew?โ
- Can a Texas tenant sublet without permission?โ
Houston, Dallas, Austin, San Antonio, Fort Worth. Local ordinances in major cities can add stricter rules (especially rent control, just-cause eviction, and inspection requirements). Always check the city code in addition to the state statute.
This is a quick reference, not legal advice. Texas landlord-tenant law changes year to year. Always verify the current statute text and any local ordinances before relying on this page for a specific dispute. For contested cases, consult a Texas-licensed attorney.
What landlords ask about TX
- What is the security deposit cap in Texas?
- Texas does not have a statewide statutory cap on the security deposit amount. Local ordinances in specific cities may impose caps. Reference: Tex. Prop. Code Ch. 92.
- How long does a landlord have to return a security deposit in Texas?
- Texas requires the landlord to return the security deposit (or an itemized statement of deductions) within 30 days of the tenant vacating. Reference: Tex. Prop. Code Ch. 92. Missing the deadline can forfeit the landlord's right to withhold any portion of the deposit and, in some states, expose the landlord to double or treble damages.
- How much notice is required for a rent increase in Texas?
- Texas requires 30 days of advance written notice for a rent increase. Reference: Tex. Prop. Code Ch. 92.
- What is the late fee cap in Texas?
- Texas caps late fees at 12% of monthly rent. Texas Property Code Section 92.019 uses a refined cap: 12% for buildings with four or fewer units and 10% for larger. Fees above the cap are unenforceable.
- How many days is the pay-or-quit notice in Texas?
- Texas requires a 3-day pay-or-quit notice before an unlawful detainer or eviction filing can be initiated for non-payment of rent. Reference: Tex. Prop. Code Ch. 92.
- How much notice terminates a month-to-month tenancy in Texas?
- Texas requires 30 days of written notice to end a month-to-month tenancy. Reference: Tex. Prop. Code Ch. 92.
- What mandatory disclosures does Texas require in a lease?
- Texas leases must include these disclosures: Federal lead-based paint disclosure (pre-1978 units); Parking rules disclosure (Tex. Prop. Code ยง 92.0131) if applicable; Tenant's rights in case of domestic violence (Tex. Prop. Code ยง 92.016); Special conditions for cancellation (Tex. Prop. Code ยง 92.0161). Missing a required disclosure can invalidate the lease's enforceability on that point and sometimes on the lease as a whole. Reference: Tex. Prop. Code Ch. 92.
- Which Texas statute governs landlord-tenant law?
- Texas has no statewide rent control. Late fees capped at 12% of monthly rent for units of 4 or fewer, 10% for larger (Tex. Prop. Code ยง 92.019). SB 38 amended Tex. Prop. Code ยง 24.005 effective January 1, 2026 (applies to petitions filed on or after that date) but preserved the three-day notice-to-vacate rule before forcible detainer. Section 16 of SB 38 (Supreme Court rulemaking) took effect September 1, 2025 separately. The primary citation used across LeaseKit templates for this state is: Tex. Prop. Code Ch. 92.