Texas · Renters' rights · Updated Oct 2026
Texas tenant rights
In Texas, your landlord has 30 days to return your deposit. Notice for unpaid rent: 3 days (lease can change it).
Checked against official sources: Oct 24, 2026
Get your deposit letter ↓ Repair letter ↓ Eviction dates ↓
Guides for Texas renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Cities in Texas with their own rules
These cities add rules on top of Texas law, such as rent control or relocation payments.
Austin
Austin has no rent control or just-cause eviction rule — Texas law bans rent control and controls eviction procedure, so most of your rights come from state law.
Security deposit in Texas
- Limit
- No statewide limit.
- Deadline to return it
- On or before the 30th day after you surrender (move out of) the unit. The landlord doesn't have to send the refund or list until you give a written forwarding address, but you don't lose your deposit just by not giving one. A lease rule requiring advance notice of move-out counts only if it is underlined or in bold.
- Itemized list
- With any balance, the landlord must give a written description and itemized list of all deductions. Not required if you owed rent at move-out and there is no dispute over how much. The landlord has the burden of proving deductions were reasonable.
- What may be deducted
- Damages and charges you are legally responsible for under the lease or because you broke it. Not normal wear and tear. You may not withhold your last month's rent on the theory that the deposit covers it.
- Interest
- No statute requires interest.
- If the landlord keeps it wrongly
- Bad-faith withholding: $100 plus three times the amount wrongfully withheld, plus attorney fees. A landlord who misses the 30-day deadline is presumed to act in bad faith. A landlord who in bad faith fails to send the itemized list loses the right to keep any of the deposit or sue you for damages.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Texas: The landlord doesn't have to send the refund or list until you give a written forwarding address, but you don't lose your deposit just by not giving one.
- Wait for the deadline: On or before the 30th day after you surrender (move out of) the unit.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $20,000 in justice court. Small claims court in Texas on RobinClaim
Repairs in Texas
- The landlord's duty
- The landlord must make a diligent effort to repair any condition that materially affects the physical health or safety of an ordinary tenant, after notice, if you are current on rent. Not for damage caused by you, your household or guests (other than normal wear and tear). The landlord must also provide smoke alarms and required security devices (deadbolts, window latches). Tex. Prop. Code §§ 92.052, 92.056.
- How to ask for repairs
- Give notice to the person or place where you pay rent. Then, after a reasonable time, send a second written notice, or send the first notice by certified mail or another tracked mail service. Seven days is presumed a reasonable time. You must not be behind on rent when you send any notice.
- Repair and deduct
- Allowed in limited cases, up to the greater of one month's rent or $500 per month. You must be current on rent, give the required notices (at least one saying you intend to repair), and the problem must be sewage backup or flooding inside, total loss of water, inadequate heat or cooling certified by a local official, or another health/safety condition certified by a local official. Then: sewage/flooding can be fixed right away; water, heat or cooling after 3 days; other conditions after 7 days. An independent company, contractor or repair person must do the work (licensed if your city requires it), not you, your family or your employer, unless the landlord agrees otherwise; no work on the foundation or load-bearing parts of a building with 2 or more units. Give the landlord a copy of the bill and receipt with the rest of your rent. Tex. Prop. Code § 92.0561 (amended by HB 2037, effective September 1, 2025).
- Withholding rent
- Withholding rent is not allowed and you must be current on rent to use repair remedies. Instead, a justice court can order repairs (up to $20,000), reduce your rent, and award a civil penalty of one month's rent plus $500, damages and attorney fees. Tex. Prop. Code § 92.0563.
- Law
- Tex. Prop. Code §§ 92.052, 92.056, 92.0561, 92.0563
Landlord entry in Texas
No statute. Texas law does not set a notice period for landlord entry; your lease controls.
Eviction in Texas
- Notice for unpaid rent
- At least 3 days' written notice to vacate before the landlord can file, unless the lease sets a shorter or longer period (many leases say 1 day). If you were never late before that month, the notice must be a 'notice to pay rent or vacate'. Since January 1, 2026, the notice may be mailed, left inside the home in a visible place, handed to anyone 16 or older in the home, or emailed if you agreed in writing.
- Notice for a lease violation
- Same 3-day notice to vacate (or the period in the lease). No right to cure is required by statute.
- Ending a month-to-month tenancy
- At least one month's notice by landlord or tenant, unless you both signed an agreement setting a different period. Tex. Prop. Code § 91.001.
- Time to respond to an eviction lawsuit
- The trial must be set 10 to 21 days after the landlord files, and not sooner than 4 days after you are served (postponed no more than 7 days unless both sides agree in writing). A written answer is not required but is a good idea; you must appear at trial or you can lose by default. WARNING: if the papers include a 'motion for summary disposition', you must file a written response with facts and documents within 4 days after you are served, or the judge can rule against you without a trial. If you lose, you have 5 days after the judgment is signed to appeal to county court (bond, cash deposit or sworn statement that you can't afford costs). Day counts include weekends; if the last day is a weekend or holiday, you get until the next business day. Tex. Prop. Code §§ 24.0042, 24.0051, 24.005106, 24.005107.
- Lockouts and utility shutoffs
- A landlord may not shut off utilities (except for repairs or emergencies) or remove doors, locks or appliances. Texas does allow a landlord to change your locks for unpaid rent only if the lease allows it and the landlord gives advance written notice (5 days by mail or 3 days by hand delivery or posting inside your door) and provides a new key at any hour, even if you don't pay. Violations: one month's rent plus $1,000, actual damages and attorney fees. Only a constable or sheriff with a writ can remove you.
- Court self-help
- The court's eviction self-help page
- Law
- Tex. Prop. Code §§ 24.005, 24.0051, 24.0061, 91.001, 92.008, 92.0081
Rent increases and rent control in Texas
- Notice of a rent increase
- No statute sets a notice period for rent increases. Rent can't go up during a fixed-term lease unless the lease allows it. A month-to-month tenancy can be ended with one month's notice (Tex. Prop. Code § 91.001), so landlords usually give at least that much notice of a change.
- Rent control
- No statewide rent control. Cities may adopt rent control only in a declared disaster housing emergency with the governor's approval. Tex. Local Gov't Code § 214.902.
Late fees in Texas
Allowed only if the written lease gives notice of the fee, the fee is reasonable, and rent is still unpaid two full days after it was due. A fee is considered reasonable if it is no more than 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units); a higher fee is allowed only if it is not more than the landlord's real costs from late payment. An illegal late fee costs the landlord $100 plus three times the fee plus attorney fees. Tex. Prop. Code § 92.019.
Retaliation in Texas
For 6 months after you exercise a legal right, give a repair notice, complain in good faith to a code agency, utility or nonprofit, or join a tenant group, the landlord may not file an eviction (except for listed reasons such as unpaid rent), cut services, raise rent, end your lease, or harass you. Remedies include one month's rent plus $500, damages, moving costs and attorney fees. Tex. Prop. Code §§ 92.331-92.333.
Small claims court in Texas
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $20,000 in justice court.
Where to get free help in Texas
Good to know in Texas
- Texas allows a landlord to change your locks for unpaid rent if the lease says so, but the landlord must give advance notice and give you a new key at any hour.
- Your lease can shorten the 3-day notice to vacate; many Texas leases say 1 day.
- A justice of the peace can order your landlord to make repairs (total judgment up to $20,000); you don't need a lawyer.
Recent law changes
SB 38 (2025), effective January 1, 2026, rewrote eviction procedure: new rules for delivering the notice to vacate, a new 'summary disposition' that lets a judge rule without a trial unless you respond within 4 days of service, trial 10-21 days after filing, a 5-day appeal deadline in statute, writs served within 5 business days, and the repeal of older notice-delivery rules in § 24.005. HB 2037 (2025), effective September 1, 2025, amended the repair-and-deduct section (§ 92.0561). Other 2025 laws amended the floodplain disclosure (§ 92.0135) and email notice (§ 92.113).
Free tools for Texas renters
Pre-set for Texas. Free, no account needed.
Deposit return calculator for Texas
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed.
Security deposit demand letter for Texas
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for Texas
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for Texas
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Sources
- Tex. Prop. Code §§ 92.103, 92.104, 92.107, 92.108, 92.109
- Texas Property Code chapter 24 (Texas Legislature)
- Texas Property Code chapter 91 (Texas Legislature)
- Texas Local Government Code chapter 214 (rent control)
- Texas Attorney General: Renters' Rights
- TexasLawHelp.org: Evictions
Checked against official sources: Oct 24, 2026