Texas Landlord-Tenant Laws (2026)
Last reviewed: July 2026
Texas sets no cap on security deposits and requires return within 30 days of move-out with a forwarding address. The default eviction notice for nonpayment is 3 days to vacate, and the lease can even shorten it. Late fees get a statutory safe harbor of 10-12% of monthly rent depending on property size, and rent control is effectively unavailable statewide.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
Texas landlord-tenant rules at a glance
| Security deposit limit | No statutory limit |
|---|---|
| Deposit return deadline | 30 days |
| Notice to enter | No statute, lease terms control (reasonable notice customary) |
| Rent control | Preempted/none (allowed only under a declared housing emergency, which has never been used) |
| Eviction notice (nonpayment) | 3-day notice to vacate (default, the lease can shorten or lengthen it) |
| Late fee rule | Must be reasonable; safe harbor of 12% of monthly rent (1-4 units) or 10% (5+ units), after a 2-day grace period |
| Month-to-month termination | 30 days (one month) |
| Governing statute | Texas Property Code, Chapters 91-92 (Landlord and Tenant) |
Security deposits in Texas
The deposit rule in Texas is: No statutory limit. After the tenancy ends, the landlord must return the deposit within 30 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
Texas’s entry rule is: No statute, lease terms control (reasonable notice customary). Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in Texas: Preempted/none (allowed only under a declared housing emergency, which has never been used). Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days (one month) in Texas). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, Texas requires: 3-day notice to vacate (default, the lease can shorten or lengthen it). If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
Texas’s late fee rule: Must be reasonable; safe harbor of 12% of monthly rent (1-4 units) or 10% (5+ units), after a 2-day grace period. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in Texas, the required notice is: 30 days (one month). Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is Texas landlord-friendly or tenant-friendly?
Texas is generally considered landlord-friendly. Texas has no deposit cap, no rent control, a modifiable 3-day eviction notice, and a fast justice-court eviction process.
Official source
The governing law is the Texas Property Code, Chapters 91-92 (Landlord and Tenant). Read the current text at the state’s official legislative site: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm.
Texas landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in Texas?
- Security deposits in Texas are governed by the Texas Property Code, Chapters 91-92 (Landlord and Tenant). The deposit rule is: No statutory limit. After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 30 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in Texas?
- For nonpayment of rent, Texas requires: 3-day notice to vacate (default, the lease can shorten or lengthen it). That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the Texas Property Code, Chapters 91-92 (Landlord and Tenant) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in Texas?
- Texas's entry rule is: No statute, lease terms control (reasonable notice customary). Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, Texas requires 30 days (one month) of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the Texas Property Code, Chapters 91-92 (Landlord and Tenant).
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Related Lofty resources
- Rental property calculator — model cash flow with Texas vacancy and eviction-cost assumptions.
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in Texas may add their own requirements.