Landlord Guide to Renting in Texas

Texas permits both written and oral lease agreements. However, any lease with a term exceeding one year must be in writing to be enforceable under the Texas Statute of Frauds (Tex. Bus. & Com. Code § 26.01). The Texas Apartment Association (TAA) lease form is widely used for residential rentals.

• Written and oral leases are permitted; leases over one year must be in writing
• Month-to-month tenancies are created when no fixed term is specified or after a lease expires without renewal
• Lease terms are largely unrestricted under Texas law
• The lease must comply with the Texas Property Code, Chapter 92

Texas does not impose a statutory maximum on security deposit amounts (Tex. Prop. Code § 92.101 et seq.). There is no requirement to hold deposits in a separate account or to pay interest. However, the Property Code imposes strict rules on the return timeline and permissible deductions.

• No statutory cap on security deposit amounts
• No requirement for a separate escrow account or interest payments
• Deposits may be used for unpaid rent and damages beyond normal wear and tear
• Landlords must provide a written description of damages and charges if deductions are made (§ 92.104)

Texas requires several disclosures before or at the beginning of a tenancy. Noncompliance can expose landlords to statutory penalties and may affect their ability to enforce certain lease provisions.

• Name and address of the landlord or authorized agent for notices and service of process (§ 92.201)
• Lead-based paint disclosure for pre-1978 properties (federal requirement, 42 U.S.C. § 4852d)
• Disclosure of ownership and management company information in writing (§ 92.201)
• If the property is in a 100-year floodplain, disclosure of prior flooding is required (§ 92.0135)

Rent is due on the date specified in the lease. Texas does not mandate a grace period for rent payments, and landlords may charge late fees as soon as rent is overdue. However, late fees must be reasonable and cannot be imposed if rent is paid within any grace period specified in the lease.

• No statutory grace period — rent is due on the date specified in the lease
• Late fees must be reasonable and stated in the lease (§ 92.019)
• A late fee may not exceed the greater of 12% of monthly rent for a dwelling or 10% for a single-family home, unless otherwise agreed
• Landlords may charge fees for returned checks if specified in the lease

Under Tex. Prop. Code § 92.052, landlords must make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant. The tenant must give notice (preferably in writing) of the needed repair, and the landlord has a reasonable time to respond.

• Landlord must repair conditions materially affecting health or safety (§ 92.052)
• Tenant must provide notice of needed repairs, preferably in writing
• Landlord has a reasonable time to make repairs (generally 7 days after notice)
• Landlords must provide smoke detectors and ensure they are functional at move-in (§ 92.255)

Texas has no specific statute dictating notice requirements for landlord entry. The right of entry is generally governed by the terms of the lease agreement. In practice, landlords should provide reasonable notice (typically 24 hours) and enter only at reasonable times.

• No specific statutory notice period — governed by the lease terms
• Reasonable notice (typically 24 hours) and reasonable hours are standard practice
• No notice is required for genuine emergencies
• Including an entry notice clause in the lease is strongly recommended

Texas does not have rent control and does not limit rent increase amounts or frequency. For month-to-month tenancies, landlords should provide reasonable notice (typically 30 days) before increasing rent. During a fixed-term lease, rent cannot be raised unless the lease contains a provision allowing mid-term increases.

• No state or local rent control — Texas preempts municipal rent control ordinances (Tex. Prop. Code § 214.902)
• Reasonable notice (usually 30 days) required for month-to-month rent increases
• Fixed-term lease rent can only be increased if the lease specifically allows it
• Rent increases must not be retaliatory under § 92.331

The notice period required to end a tenancy in Texas depends on the type of rental agreement. Fixed-term leases expire at the end of their stated term without the need for notice, unless the lease requires it.

• Month-to-month tenancy: at least one month's written notice (Tex. Prop. Code § 91.001)
• Week-to-week tenancy: the notice period specified in the lease, or reasonable notice
• Fixed-term lease: ends at lease expiration — no notice required unless the lease states otherwise
• Nonpayment of rent: landlord must give at least 3 days' written notice to vacate (§ 24.005), unless the lease provides a shorter or longer period

Texas evictions are handled through a forcible detainer action filed in Justice Court. Before filing, the landlord must provide the required written notice to vacate. For nonpayment of rent, a 3-day notice to vacate is standard unless the lease specifies a different period (Tex. Prop. Code § 24.005).

• Serve a written notice to vacate (minimum 3 days for nonpayment unless the lease states otherwise)
• File a forcible detainer suit in Justice Court after the notice period expires
• The court hearing is typically held within 10–21 days of filing
• If the court rules for the landlord, a writ of possession may be issued after 5 days

Under Tex. Prop. Code § 92.103, landlords must return the security deposit within 30 days after the tenant surrenders the premises and provides a forwarding address. If any portion is withheld, the landlord must provide a written description of the damages and charges.

• Return deadline: 30 days after the tenant vacates and provides a forwarding address (§ 92.103)
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, breach of lease costs
• A written itemized list of deductions must be provided (§ 92.104)
• Wrongful withholding may result in the landlord being liable for $100 plus three times the deposit wrongfully withheld, plus attorney fees (§ 92.109)