Landlord-Tenant Law Guide
Texas Landlord-Tenant Laws
Texas is considered a landlord-friendly state with few statutory restrictions on deposits or rent increases. However, the rules that do exist — particularly around deposit returns and eviction notices — carry real penalties if ignored.
Key Rules at a Glance
Security Deposit Limit
No statutory limit
Texas law sets no cap. Whatever amount is agreed upon in the lease is enforceable.
Deposit Return Deadline
30 days
Must return within 30 days of move-out or 30 days after receiving the forwarding address, whichever is later. Itemized written statement required if deducting.
Notice to Enter
No statute
Texas does not require a specific notice period. Giving reasonable advance notice (24 hours) is best practice and avoids tenant harassment claims.
Rent Increase Notice
No statute (follow lease)
For month-to-month tenancies, one full rental period's notice is customary but not required by state law.
Late Fee
Must be in lease; reasonable
Late fees are unenforceable unless specified in the written lease. A grace period of at least 2 days after rent is due is required before assessing a late fee.
Nonpayment Eviction Notice
3-day notice to vacate
Written notice demanding tenant vacate within 3 days. No 'pay or quit' option is required — landlord can demand vacancy only.
Lease Termination (Month-to-Month)
One rental period's notice
Typically 30 days for monthly leases. No just-cause requirement statewide.
Disclaimer:Texas law preempts local landlord-tenant ordinances in most cases, but Austin and some cities have adopted additional tenant protections. Verify with a Texas real estate attorney.
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Open →Frequently Asked Questions
How long does a Texas landlord have to return a security deposit?
30 days after move-out, or 30 days after receiving the tenant's forwarding address — whichever is later. Failing to return the deposit without a valid reason makes you liable for $100, 3× the deposit amount, and attorney fees.
Does Texas require a notice to enter rental property?
No — Texas has no statute requiring advance notice before entry. However, entering without notice can expose you to a harassment claim. Giving 24 hours notice is strongly recommended.
Can I keep a security deposit if a tenant breaks the lease?
Yes, if your lease specifies that the deposit covers early termination damages. However, Texas requires landlords to mitigate damages by making a good-faith effort to re-rent the property.
How do I evict a tenant in Texas for non-payment of rent?
Serve a written 3-day notice to vacate. If the tenant remains, file a forcible detainer suit in the local justice of the peace court. A hearing is typically scheduled within 10–21 days.
Are there rent control laws in Texas?
No. Texas state law prohibits cities and counties from enacting rent control ordinances. Landlords may raise rent by any amount with proper notice per the lease terms.