Texas renter rights: the basics for first-time renters

Last reviewed: October 2026 · First Apartment Kit

Texas landlord-tenant law lives mostly in Chapter 92 of the Property Code. It gives renters real repair rights, but you have to follow its steps exactly, often in writing by certified mail. Here are the basics for first-time renters.

Quick facts

Security deposit max	No statewide limit
Deposit returned within	30 days after move-out, once you give a written forwarding address
Bad-faith penalty	$100 + 3 times the amount wrongly withheld + attorney's fees
Late fee	Only after rent is 2 full days late; presumed reasonable up to 12% (4 or fewer units) or 10% (5+ units)
Statewide rent control	No
Month-to-month: notice to end	At least 1 month (either side), unless agreed otherwise in writing
Landlord entry	No statewide notice rule — check your lease
Notice to vacate before eviction suit	At least 3 days in writing, unless the lease says otherwise
Repair-and-deduct	Yes, after proper notice: up to 1 month's rent or $500, whichever is greater

Quick facts are simplified. Read the sections below for exceptions, and check your city or county too.

Security deposits

Cap: Texas does not limit how much a landlord can charge.
Return: within 30 days after you move out, the landlord must refund the deposit, minus lawful deductions, with an itemized list of deductions. You must give the landlord your forwarding address in writing.
Wear and tear: normal wear and tear can't be deducted — only actual damage beyond normal use.
Penalty: a landlord who keeps a deposit in bad faith can owe you $100, three times the wrongly withheld amount, and attorney's fees.
Check your lease: many leases require 30 days' written notice that you're moving out as a condition of getting the deposit back.

Rent increases and late fees

Texas has no rent control (state law restricts cities from adopting it), so rent can rise by any amount at renewal or, for month-to-month tenants, with proper notice.

A late fee is allowed only if the lease includes it, only after rent stays unpaid for two full days after the due date, and it must be reasonable. A fee is considered reasonable if it doesn't exceed 12% of monthly rent in a building with four or fewer units, or 10% in a building with more than four units.

Ending a month-to-month tenancy

Either you or the landlord can end a month-to-month tenancy by giving notice. It ends on the later of the date stated in the notice or one month after the notice is given, unless you agreed to something different in writing. Give your notice in writing and keep a copy.

When the landlord can come in

Texas has no statute that sets how much notice a landlord must give before entering. Your lease controls, so read the entry clause before you sign and ask for advance notice except in emergencies. Your landlord still can't interfere with your right to "quiet enjoyment" of the home.

Repairs and living conditions

Landlords must make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant (unless you or a guest caused them). The steps matter:

Be current on rent when the landlord gets your notice.
Give written notice of the problem. If your first notice wasn't sent by certified mail (return receipt requested) or registered mail, you'll usually need to send a second written notice.
Allow a reasonable time — the law presumes seven days.

If the landlord still doesn't act, you may be able to end the lease, repair and deduct (up to one month's rent or $500, whichever is greater), or ask a justice of the peace to order repairs (up to $10,000). Don't simply withhold rent — Texas law penalizes that. Landlords must also provide required security devices (deadbolts, door viewers, window latches) and smoke alarms.

Write it all down from day one. The 12-page First Apartment Move-In Kit has a first-week timeline, lease and building facts, a utilities board, room-by-room unpacking, and a first-month money sheet — so your lease facts, notice dates, and move-in notes live in one place. $9.99 on Etsy. Undated.

Get the kit — $9.99 on Etsy

Eviction basics

Notice to vacate: before filing an eviction (forcible detainer) suit, the landlord must give at least three days' written notice to vacate, unless the lease sets a different period. Properties with federal financing may need 30 days.
Court first: only a constable or sheriff can remove you after the landlord wins in justice court.
Lock changes: Texas allows a landlord to change the locks for unpaid rent only if the lease allows it and strict rules are followed — including a posted notice and a new key available to you 24 hours a day, whether or not you pay. Cutting off utilities is generally illegal except for repairs, construction, or emergencies.

Retaliation and discrimination

A landlord can't retaliate — for example by evicting you, raising rent, or cutting services — for six months after you make a good-faith repair request or complaint or use your legal rights. You can still be evicted for not paying rent or for serious lease violations.

The Texas Fair Housing Act mirrors federal protections: race, color, religion, sex, national origin, disability, and familial status.

City and county rules

Some Texas cities (such as Austin, Dallas, Houston, and San Antonio) have housing code enforcement and tenant resources. Call 311 for code complaints in large cities.

Move-in checklist for Texas renters

☐ Get a written lease and read all of it before signing
☐ Get a receipt for the deposit and any move-in money
☐ Photograph every room, dated, before you unpack
☐ Fill out (or write your own) move-in condition list and keep a copy
☐ Note the rent due date, grace period, and late fee
☐ Write down how to request repairs, and do it in writing
☐ Save the landlord's legal name and address for notices
☐ Put your notice deadline for moving out in your calendar

Still apartment hunting? Our list of questions to ask a landlord before signing a lease covers deposits, fees, repairs, and move-out rules you will want answered in writing.

Where to get help in Texas

Texas Attorney General — Renter's Rights — overview and consumer complaints.
Texas Workforce Commission — Civil Rights Division — handles housing discrimination complaints.
Find free legal aid near you — the federal Legal Services Corporation's directory of local legal aid offices.
File a housing discrimination complaint with HUD — the federal fair housing agency.

More help

Nonprofit and legal aid resources (not government sources):

TexasLawHelp.org — free legal information and forms, and a legal aid finder.

Official sources

These are the official state law and government pages we checked for every fact on this page. The law itself controls if anything here differs.

Not legal advice; laws change and cities may add rules. Check the official sources below or a local legal aid office. This page is a plain-language summary written by First Apartment Kit, not the law itself. Last reviewed: October 2026.

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