TX Landlord Law 2026: 30-Day Return or 3X Penalty, Code 92

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Texas-specific rules — security deposit deadlines, required disclosures, late fee provisions, and eviction notice requirements — automatically enforced for every Texas property.

Texas landlord-tenant law is primarily governed by the Texas Property Code, Chapters 24 and 92, along with the Texas Rules of Civil Procedure for eviction proceedings. Texas is one of the most landlord-friendly states in the country, with minimal regulation of the landlord-tenant relationship compared to states like California or New York. Here's everything you need to know.

Security deposits in Texas

Key details:

• Texas does not cap the amount a landlord can charge as a security deposit. Market practice is typically one to two months' rent
• The landlord must refund the deposit (minus lawful deductions) within 30 days after the tenant surrenders the premises (TX Property Code 92.103)
• The tenant must provide a forwarding address in writing to receive the refund. The 30-day clock does not start until the landlord receives the forwarding address
• If the landlord retains any portion of the deposit, they must provide a written description and itemized list of deductions along with the remaining balance (TX Property Code 92.104)
• If the landlord fails to return the deposit or provide an itemized list within 30 days, the landlord is presumed to have acted in bad faith. The tenant may recover up to 3 times the wrongfully withheld amount plus $100 in statutory damages and reasonable attorney's fees (TX Property Code 92.109)
• There is no requirement to hold the deposit in a separate account, an escrow account, or an interest-bearing account
• The landlord may deduct for damages beyond normal wear and tear, unpaid rent, and other charges authorized by the lease
• The landlord cannot deduct for normal wear and tear

Eviction process in Texas

Texas eviction proceedings are called forcible entry and detainer (FED) suits, governed by TX Property Code Chapter 24 and Texas Rules of Civil Procedure Rules 738-755. Self-help evictions are illegal.

Step 1: Serve proper notice

Important notice rules:

• The default notice period is 3 days, but the lease can modify this to a shorter or longer period (TX Property Code 24.005). The lease can even reduce it to 1 day
• The notice must be delivered by one of the following methods: personal delivery to the tenant or any person residing at the premises who is 16 years or older, mail (regular, registered, or certified with return receipt), or posting on the inside of the main entry door (affixing the notice to the door is acceptable if personal delivery and mail are unsuccessful)
• The 3-day period begins the day after the notice is delivered (or posted)
• Texas does not require the landlord to give the tenant an opportunity to cure the violation before filing for eviction (unless the lease provides a cure period)
• The notice must state that the tenant must vacate the premises

Step 2: File a forcible detainer suit

If the tenant does not vacate after the notice period expires, file a forcible entry and detainer suit in Justice Court (also called JP Court or small claims court). Filing fees are typically $75-$125.

Step 3: Court hearing

The court must hold a hearing no earlier than 6 days and no later than 21 days after the petition is filed (Texas Rules of Civil Procedure, Rule 739). Both parties may present their case.

Step 4: Judgment and appeal

If the court rules in your favor, the tenant has 5 calendar days to appeal to County Court. If the tenant does not appeal, you can request a writ of possession.

Step 5: Writ of possession

The court issues a writ of possession, and the constable or sheriff posts a 24-hour notice on the property. If the tenant does not vacate within 24 hours, the officer will remove them and their belongings.

Total timeline: Uncontested evictions can be completed in as little as 3-4 weeks from notice to physical removal. Contested or appealed cases can take 1-3 months.

Late fees in Texas

Key details:

• For one-family or two-family dwellings, Texas law requires a mandatory 2-day grace period before a late fee can be charged (TX Property Code 92.019). This means rent due on the 1st cannot incur a late fee until the 4th
• For multifamily properties (3+ units), there is no statutory grace period. However, many landlords include one in the lease as standard practice
• The late fee must be a "reasonable estimate of uncertain damages" to the landlord caused by the late payment. Texas courts look at the relationship between the fee amount and the landlord's actual damages
• There is no statutory cap, but fees of 8-10% of monthly rent are generally considered reasonable by Texas courts. A $150 late fee on $1,500 rent (10%) is typical
• The late fee must be specified in a written lease — oral agreements about late fees are unenforceable
• An initial late fee plus a daily late fee is permissible, but the total must remain reasonable

> Calculate your late fee: Use our free late fee calculator to check if your proposed fee is compliant with Texas law. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.

• TX Property Code 92.019 requires that a late fee be assessed no earlier than one full day after the date rent is due for single-family and two-family properties

Lease requirements in Texas

Texas does not require a written lease for any tenancy period (unlike some states that require written leases for terms exceeding one year). However, a written lease is strongly recommended.

Key lease provisions

While Texas does not mandate specific lease clauses by statute, the following provisions are important for compliance and enforceability:

• Names of all parties — landlord (or authorized agent) and all tenants
• Property address and unit description
• Lease term — start date, end date, or month-to-month designation
• Rent amount, due date, and acceptable payment methods
• Late fee terms — amount, grace period, and when the fee applies
• Security deposit amount and conditions for deductions
• Maintenance and repair responsibilities
• Rules regarding pets, smoking, and alterations
• Notice requirements for lease termination
• Right to cure provisions (if the landlord wishes to offer one before eviction)
• Emergency contact information for the landlord or property manager

Important Texas-specific lease considerations

• Landlord lien provisions — Texas law previously allowed contractual landlord liens on tenant property for unpaid rent, but this is now prohibited for residential leases (TX Property Code 54.045). Any lien clause in a residential lease is void
• Lockout provisions — Texas uniquely allows a contractual landlord lockout for nonpayment of rent under very specific conditions (TX Property Code 92.0081), but only if the lease contains the required statutory language and procedures are followed exactly. This is the only "self-help" remedy allowed in Texas and must be exercised carefully
• Smoke detector requirements — leases should reference the landlord's obligation to install and inspect smoke detectors (TX Property Code 92.251-92.262)

Maintenance and repairs in Texas

Landlord obligations (TX Property Code 92.052)

Texas landlords must:

• Make a diligent effort to repair or remedy any condition that materially affects the physical health or safety of an ordinary tenant, if the tenant gives notice of the condition and the tenant is not delinquent on rent
• Install and inspect smoke detectors at the beginning of each tenancy (TX Property Code 92.255). Landlords must also install new batteries in battery-operated smoke detectors at the beginning of a tenancy
• Provide smoke detectors and keyless bolting devices (deadbolts, sliding door pins, etc.) as required by TX Property Code 92.151-92.170
• Ensure that door locks and security devices are in good working order (TX Property Code 92.151-92.170)
• Rekey locks within 7 days of each tenant turnover (TX Property Code 92.156)
• Maintain the property's structural integrity and essential systems

Tenant obligations

Tenants must:

• Not damage the property beyond normal wear and tear
• Keep the dwelling reasonably clean
• Not disturb neighbors' peaceful enjoyment
• Comply with all health and safety codes
• Properly use all systems and appliances
• Give the landlord written notice of needed repairs

Repair process (TX Property Code 92.056)

Texas has a specific repair process that tenants must follow:

1. The tenant must give written notice to the landlord describing the condition
2. The landlord must make a diligent effort to repair within a reasonable time after receiving notice. Texas courts generally consider 7 days reasonable for most repairs
3. If the landlord does not make a diligent effort, the tenant may:

- Repair and deduct — only if the condition affects health or safety, the tenant has given proper notice, the tenant is current on rent, and the cost does not exceed one month's rent or $500 (whichever is greater)

- Terminate the lease if the condition materially affects health or safety

- File a lawsuit for damages, including one month's rent plus $500, actual damages, court costs, and attorney's fees

1. The tenant's remedies under repair law do not apply if the tenant is delinquent on rent at the time notice is given

Essential services

Texas does not have a specific "essential services" statute like some states. However, a landlord who intentionally interrupts utilities (electricity, gas, water, wastewater) to a tenant is liable under TX Property Code 92.008 and may owe the tenant:

• One month's rent plus $1,000
• Actual damages
• Court costs and attorney's fees

Rent increase rules in Texas

Rule	Texas Law
Notice required	No statutory minimum (30 days customary for month-to-month)
Rent control	Prohibited statewide
Mid-lease increases	Not permitted unless lease contains escalation clause
Retaliatory increases	Prohibited (TX Property Code 92.331)

Key details:

• Texas prohibits rent control statewide under TX Local Government Code 214.902. No city, county, or other political subdivision may enact rent control
• There is no statutory requirement for advance notice of a rent increase. However, for month-to-month tenancies, the standard notice to terminate (and thus change terms) is 30 days unless the lease specifies otherwise
• For fixed-term leases, rent cannot be increased during the lease term unless the lease includes a rent escalation clause
• Rent increases cannot be retaliatory — TX Property Code 92.331 prohibits landlords from raising rent, reducing services, or filing eviction in response to a tenant exercising their legal rights (such as requesting repairs, filing complaints, or participating in a tenant organization)
• The retaliatory presumption applies if the landlord increases rent within 6 months of the tenant's protected action

Required disclosures in Texas

Disclosure	When Required	Statute
Lead-based paint	Properties built before 1978	42 U.S.C. 4852d (federal)
Landlord's name and address	Before or at lease signing	TX Property Code 92.201
Ownership and management	At lease signing	TX Property Code 92.201
Smoke detector compliance	At lease signing	TX Property Code 92.255
Security device compliance	At lease signing	TX Property Code 92.153
Flood zone / flooding history	If in 100-year floodplain	TX Property Code 92.0135
Previous flooding	If unit flooded at least once in last 5 years	TX Property Code 92.0135
Mold	Not required by state statute	N/A
Bed bugs	Not required by state statute	N/A

Flooding disclosure (TX Property Code 92.0135):

This is a critical Texas-specific requirement. A landlord must disclose to a prospective tenant before the lease is signed if:

• The property is located in a 100-year floodplain (per FEMA designation)
• The property has flooded at least once within the last 5 years

Failure to disclose entitles the tenant to terminate the lease within 30 days and recover one month's rent plus $500, actual damages, court costs, and attorney's fees.

Landlord identity disclosure (TX Property Code 92.201):

The landlord must disclose:

• The name and street address (not just a P.O. box) of the property owner
• The name and street address of the property manager (if different from the owner)
• The identity of the person authorized to receive legal notices on behalf of the owner

This disclosure must be provided before the lease is signed or at the time of signing.

Tenant rights in Texas

Tenants in Texas have the right to:

• Habitable housing — the landlord must make diligent efforts to repair conditions that materially affect health or safety (TX Property Code 92.052)
• Security devices — the landlord must install deadbolts, sliding door pins, window latches, peepholes, and keyless bolting devices (TX Property Code 92.151-92.170)
• Rekeyed locks — locks must be changed within 7 days of each tenant turnover (TX Property Code 92.156)
• Smoke detectors — the landlord must provide working smoke detectors and replace batteries at the start of tenancy (TX Property Code 92.255)
• Repair and deduct — for health/safety conditions, after proper notice, if the landlord fails to repair within a reasonable time (TX Property Code 92.0561)
• Freedom from retaliation — the landlord cannot increase rent, decrease services, or file eviction in response to the tenant exercising legal rights (TX Property Code 92.331)
• Freedom from utility shutoffs — the landlord cannot intentionally interrupt electric, gas, water, or wastewater service (TX Property Code 92.008)
• Domestic violence protections — victims of family violence may terminate a lease early with proper documentation (TX Property Code 92.016)
• Military protections — service members may terminate a lease under the Servicemembers Civil Relief Act (federal, 50 U.S.C. 3955)
• Right to withhold rent — when the landlord is in material breach of the repair obligation, after proper notice and procedure (TX Property Code 92.058)
• Privacy — while Texas does not have a specific entry notice statute, landlords must respect the tenant's right to quiet enjoyment. The lease should specify entry notice requirements (24 hours is standard practice)

How Tenby helps Texas landlords

Tenby's compliance engine handles Texas-specific requirements automatically:

• 30-day deposit return tracking with countdown alerts (triggered when forwarding address is received)
• 3x penalty warning if deposit return deadline is missed
• 3-day notice to vacate generation for nonpayment or lease violations
• 2-day grace period enforcement for single-family and duplex properties
• Smoke detector compliance tracking per unit
• Lock rekey reminders at tenant turnover (7-day deadline)
• Flood zone disclosure flagging at lease creation
• Required disclosure checklist at lease creation
• Security device compliance tracking (deadbolts, peepholes, sliding door locks)
• Move-in inspection workflow with photo documentation
• Eviction timeline guidance with proper notice generation

The bottom line

Texas is one of the most landlord-friendly states in the country. There is no rent control, no cap on security deposits, no cap on late fees, and the eviction process is among the fastest in the nation (as little as 3 weeks). The key requirements to remember: 30-day deposit return (after receiving forwarding address), 3-day default notice period, 2-day grace period for 1-2 family units, mandatory smoke detectors and security devices, lock rekeying at turnover, and flood zone disclosure. Follow TX Property Code Chapter 92, document everything, and you'll stay compliant.