Texas Landlord-Tenant Laws
Texas is one of the most landlord-friendly states in the country. No rent control. Fast evictions. Flexible security deposit rules. But you still need to follow the law.
Here's what matters in plain English.
Numbers You Need to Know
3 Days
Minimum notice for non-payment. Texas doesn't waste time. Tenant doesn't pay, give 3-day notice, then file eviction.
30 Days
Deadline to return security deposit after tenant surrenders premises. Miss it and face penalties.
No Limit
No state limit on security deposits. No rent control. Charge what the market supports.
Notice Requirements
Termination Notices
- Month-to-month: 30 days before next rent due date
- Week-to-week: 7 days notice
- Fixed-term lease: Ends automatically unless lease says otherwise
Pay or Quit Notices
- 3-day notice: Non-payment (unless lease specifies longer)
- Lease violations: "Reasonable time" to cure (check your lease)
- Serious violations: Can file eviction immediately
Entry Notice
Texas doesn't specify a required notice period for entry. But "reasonable notice" (usually 24 hours) is the standard. Check your lease — most include this.
Security Deposit Rules
No Limit
- • Texas doesn't cap security deposits
- • Market standard is 1-2 months' rent
- • Additional pet deposits allowed
- • Charge what makes sense for your property
Return Deadline
- • 30 days after tenant surrenders premises
- • Written itemization of deductions required
- • Tenant must provide forwarding address
- • If no address, mail to last known
Allowable Deductions
- • Unpaid rent
- • Damage beyond normal wear and tear
- • Cleaning if not left in same condition as move-in
- • Early termination fees (if in lease)
- • Utility charges owed
Bad Faith Penalty
Wrongfully withhold a deposit in Texas and you can be sued for $100 plus three times the wrongfully withheld amount, plus attorney's fees.
No Rent Control
Texas has no rent control and prohibits cities from enacting it. This means:
- No limit on rent increases. Raise rent to whatever the market supports.
- No just cause required. End month-to-month tenancies with 30 days notice. No reason needed.
- No relocation payments. You don't owe tenants money for ending their tenancy.
Note: You still cannot increase rent during a fixed-term lease unless the lease allows it. Month-to-month tenants get 30 days notice of increases.
Texas Eviction Process (One of the Fastest)
- 1Serve written notice to vacate (3+ days for non-payment)
- 2File eviction suit in Justice of the Peace court
- 3Court hearing (typically 10-21 days after filing)
- 4If you win, tenant has 5 days to appeal
- 5Request Writ of Possession
- 6Constable posts 24-hour notice, then executes eviction
Timeline
Uncontested evictions can be completed in 3-4 weeks from notice to removal. One of the fastest in the US.
Typical Costs
Filing: $75-$150. Service: $75-$100. Writ: $150-$200. Total: $300-$500.
Still Illegal
Self-help evictions are illegal even in Texas. No changing locks, removing doors, shutting off utilities, or moving belongings without a court order.
What Texas Requires of Landlords
Security Devices
Texas law requires:
- • Keyless deadbolt on each exterior door
- • Door viewer (peephole) on exterior doors
- • Window latches on all windows
- • Sliding door security devices
- • Working smoke detectors
Repairs
Must make diligent repairs if:
- • Condition affects health/safety
- • Tenant gives written notice
- • Tenant is current on rent
- • Not caused by tenant or guests
Late Fees
- • Must be "reasonable" — typically 8-12% of monthly rent
- • Must be specified in written lease
- • Grace period not required by law (but 3-5 days is common)
- • Cannot charge until rent is actually late