Know your rights as a renter in Texas. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under Texas law.
Legal basis: Texas landlord-tenant law — Texas Property Code
30 daysonce the tenant has given a forwarding address in writing
Interest on deposits not required
Separate escrow account not required
Deposit & Fee Details
Penalties, interest & late-fee rules under Texas law
Security deposit protections
If your deposit is wrongfully or late returned
Landlord may owe up to three times the deposit amount wrongfully withheld, plus $100 and attorney fees.
Interest on your deposit is not required
Late-fee rules
Grace period
Rent must be unpaid for 2 full days after the due date before a late fee can be charged (§ 92.019).
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Governing statute: Tex. Prop. Code § 92.019
Landlord Entry Rights
Your privacy protections
Required Notice Period
No state rule
No Texas statute sets entry notice; your lease's terms apply
No Texas statute sets how much notice a landlord must give before entering. Your lease's entry terms apply, so check what it says about notice and entry times.
More Texas Tenant Protections
How much notice is required to raise rent in Texas?
No notice statute; no caps
•No Texas statute sets how much notice a landlord must give before raising rent
•A month-to-month tenancy ends one month after notice, unless your lease sets another period (Tex. Prop. Code § 91.001)
•No statewide cap; a city may adopt rent control only during a disaster, with the governor's approval (Tex. Loc. Gov't Code § 214.902)
Legal basis: No Statute
How long does a landlord have to make repairs in Texas?
7 days (presumed reasonable)
•Landlord must make a diligent effort to repair problems that materially affect health or safety, if you are current on rent (TPC § 92.052)
•Give notice where you pay rent; it must be written only if your written lease says so (TPC § 92.052(d))
•Send it by certified or tracked mail, or you must send a second written notice before remedies apply (TPC § 92.056(b)(3))
•Seven days is presumed a reasonable time to repair (TPC § 92.056(d))
•If it is not repaired, you may end the lease, repair and deduct, or go to court (TPC § 92.056(e))
•Repair and deduct covers only sewage, flooding, no water, heat or cooling cited by an official, or a condition an official cited; limit is one month's rent or $500, whichever is greater, using a licensed independent contractor (TPC § 92.0561)
•Do not simply withhold rent: the landlord can recover damages for it (TPC § 92.058)
Legal basis: TPC §§ 92.052, 92.056, 92.0561
Can a landlord retaliate against a tenant in Texas?
6 months protected
•Retaliation prohibited
•6 month protection period
•Cannot raise rent in retaliation
Legal basis: TPC § 92.331
Can a domestic violence survivor break a lease in Texas?
30 days' notice
•A victim of family violence may end the lease with a protective order or documentation from a health care provider, mental health provider or advocate
•Give written notice at least 30 days before leaving (not needed if the abuser is a cotenant or occupant)
•No future rent or early termination charge; rent already owed is still due
•Victims of sexual assault or stalking have a similar right (TPC § 92.0161)
Legal basis: TPC § 92.016
Can a landlord lock you out or shut off utilities in Texas?
Self-help illegal
•Lockouts need a court order, except a lock change for unpaid rent
•That lock change needs a lease clause, advance written notice, and a new key at any hour
•No utility shut-off except for repairs, construction, an emergency, or a strictly limited submetered-electricity cut-off (TPC § 92.008)
Legal basis: TPC § 92.0081
Did You Know?
Important facts about Texas rental law
1
Texas has no limit on security deposits.
2
Texas landlords must return deposits within 30 days of move-out.
3
Texas tenants can pursue 3x the deposit plus $100 for bad faith withholding.
4
Texas landlords must make a 'diligent effort' to re-rent if you break your lease.
Texas does not have a statutory limit on security deposits.
How long does a landlord have to return a security deposit in Texas?
Texas landlords must return security deposits within 30 days after you move out (once the tenant has given a forwarding address in writing).
How much notice must a landlord give before entering in Texas?
No Texas statute sets how much notice a landlord must give before entering, so your lease's entry terms apply.
How much can a landlord charge for a late fee in Texas?
Late fees in Texas: No hard cap. A late fee is considered reasonable if it is not more than 12% of monthly rent (structure with 4 or fewer dwelling units) or 10% (structure with more than 4 dwelling units), or if it is higher but not more than the landlord's uncertain damages from the late payment. Initial and daily charges together count as a single late fee.. State law provides a 2-day grace period before a late fee can apply.
How much notice is required to raise rent in Texas?
No notice statute; no caps. No Texas statute sets how much notice a landlord must give before raising rent. A month-to-month tenancy ends one month after notice, unless your lease sets another period (Tex. Prop. Code § 91.001). No statewide cap; a city may adopt rent control only during a disaster, with the governor's approval (Tex. Loc. Gov't Code § 214.902). Source: No Statute.
How long does a landlord have to make repairs in Texas?
7 days (presumed reasonable). Landlord must make a diligent effort to repair problems that materially affect health or safety, if you are current on rent (TPC § 92.052). Give notice where you pay rent; it must be written only if your written lease says so (TPC § 92.052(d)). Send it by certified or tracked mail, or you must send a second written notice before remedies apply (TPC § 92.056(b)(3)). Seven days is presumed a reasonable time to repair (TPC § 92.056(d)). If it is not repaired, you may end the lease, repair and deduct, or go to court (TPC § 92.056(e)). Repair and deduct covers only sewage, flooding, no water, heat or cooling cited by an official, or a condition an official cited; limit is one month's rent or $500, whichever is greater, using a licensed independent contractor (TPC § 92.0561). Do not simply withhold rent: the landlord can recover damages for it (TPC § 92.058). Source: TPC §§ 92.052, 92.056, 92.0561.
Can a landlord retaliate against a tenant in Texas?
Can a domestic violence survivor break a lease in Texas?
30 days' notice. A victim of family violence may end the lease with a protective order or documentation from a health care provider, mental health provider or advocate. Give written notice at least 30 days before leaving (not needed if the abuser is a cotenant or occupant). No future rent or early termination charge; rent already owed is still due. Victims of sexual assault or stalking have a similar right (TPC § 92.0161). Source: TPC § 92.016.
Can a landlord lock you out or shut off utilities in Texas?
Self-help illegal. Lockouts need a court order, except a lock change for unpaid rent. That lock change needs a lease clause, advance written notice, and a new key at any hour. No utility shut-off except for repairs, construction, an emergency, or a strictly limited submetered-electricity cut-off (TPC § 92.008). Source: TPC § 92.0081.
What are my rights as a tenant in Texas?
Texas tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against Texas law.
More for Texas renters
Common tenant-rights questions
Plain-language answers that apply in Texas and beyond