Texas Tenant Rights
Texas landlord-tenant law is governed by the Texas Property Code Chapter 92 (Tex.
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Key Laws by Topic
Eviction Laws
- Nonpayment Notice:
- 3 days written notice to vacate for nonpayment (unless lease specifies otherwise)
- Just Cause Required:
- No — no just-cause eviction requirement in Texas
- Periodic Tenancy Notice:
- 1 month written notice for month-to-month termination
- Rent Control:
- No rent control — Texas law preempts any local rent control ordinances
Security Deposit Laws
- Limit:
- No statutory maximum
- Return Deadline:
- 30 days after tenant surrenders possession
- Itemization Required:
- Yes — written itemized description of deductions required
- Interest Required:
- No
- Bad Faith Penalty:
- $100 plus 3 times the wrongfully withheld amount plus attorney's fees
Repair & Habitability Laws
- Repair And Deduct:
- Yes — available after 2 written requests and at least 7 days; limited to conditions affecting health or safety
- Rent Withholding:
- Tenant may terminate or seek rent reduction for conditions affecting health or safety
- Notice Required:
- Two written notices to landlord required before exercising repair-and-deduct
- Habitability Standards:
- Conditions materially affecting physical health or safety of ordinary tenant
Tenant Harassment Laws
- Retaliation Prohibited:
- Yes — retaliatory evictions and rent increases within 6 months of tenant complaint are presumed retaliatory
- Self Help Prohibited:
- Yes — lockouts and utility shutoffs without court order are prohibited under Tex. Prop. Code § 92.0081
- Lockout Remedies:
- Tenant may recover actual damages, one month's rent plus $500, and attorney's fees for illegal lockout
- Utility Shutoff Remedies:
- Tenant may recover actual damages, one month's rent plus $1,000, and attorney's fees for utility shutoff
Notice & Entry Laws
- Notice Required:
- 24 hours advance notice required for non-emergency entry
- Permissible Entry Reasons:
- Repairs, inspections, showing unit, emergencies
- Emergency Entry:
- Permitted without advance notice for genuine emergencies
- Lockout Prohibited:
- Landlord may not lock out tenant without court order; liability attaches for unauthorized lockouts
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Not Legal Advice. This site provides general educational information only — not legal counsel. Laws vary by location. Consult a qualified attorney for advice on your specific situation.