Texas Landlord-Tenant Law Basics
Texas landlord-tenant law is governed primarily by the Texas Property Code, and a handful of provisions come up in nearly every rental situation.
Security Deposits
Chapter 92 requires landlords to return a tenant's security deposit, or an itemized list of deductions, within 30 days of move-out and surrender of the property. Failing to do so in good faith can expose a landlord to liability for the deposit amount plus damages and attorney's fees.
Notice to Vacate
Before filing an eviction, Texas law generally requires a written notice to vacate — commonly three days unless the lease specifies otherwise — giving the tenant a chance to cure or leave before formal proceedings begin.
Habitability Requirements
Landlords must maintain a property in a condition that's fit for human habitation, including functioning plumbing, working smoke detectors, and structural safety. Tenants generally must notify the landlord in writing of needed repairs before certain remedies become available to them.
Right of Entry
Texas doesn't set a single statutory notice period for landlord entry outside of an emergency, which makes it important to spell out entry notice terms clearly in the lease itself.
Why This Matters for Owners
Getting these basics wrong — an improperly handled deposit, a skipped notice, ignoring a repair request — is one of the most common ways landlords end up on the losing side of a dispute, even when their underlying position was reasonable. Working from a Texas-specific lease, not a generic template, is the starting point for avoiding these issues.
Frequently Asked Questions
30 days from the date the tenant moves out and returns possession of the property, along with an itemized list of any deductions.
It's not always required, but eviction (forcible detainer) has specific notice and filing requirements, and getting them wrong can delay or derail the case — legal guidance is recommended.
