Texas Landlord-Tenant Law Overview
Texas Property Code Chapter 92 governs all residential lease agreements in the state, including Austin rentals. While Texas is considered landlord-friendly compared to states like California or New York, landlords who fail to follow the rules face serious legal consequences — including loss of the right to keep security deposits, liability for tenant damages, and even criminal penalties in extreme cases.
Security Deposits in Texas
How Much Can You Charge?
Texas law does not cap the security deposit amount. Most Austin landlords charge 1–2 months' rent. For a $2,000/month property, $2,000–$4,000 is standard.
What Can You Deduct?
You may deduct from the deposit:
- Unpaid rent
- Damage beyond normal wear and tear
- Cleaning costs if tenant left the unit dirty
- Other lease violations specified in the lease
Normal wear and tear (which you CANNOT deduct): minor wall scuffs, carpet wear from normal use, small nail holes from picture hanging.
Return Timeline
You must return the security deposit (or provide an itemized deduction statement) within 30 days of the tenant's move-out. If you wrongfully withhold a deposit, the tenant can sue for 3x the amount withheld plus attorney's fees.
Lease Requirements in Texas
A valid Texas residential lease must include:
- Names of all adult tenants
- Property address
- Lease term (start and end date, or month-to-month)
- Monthly rent amount and due date
- Late fee amount (if any) and grace period
- Security deposit amount and terms
- Notice requirements for entry
Late Fees
Texas law allows late fees but they must:
- Be specified in the written lease
- Not exceed 12% of monthly rent for complexes with 4+ units
- Not exceed 10% for properties with 3 or fewer units
- Not be charged before a grace period of at least 2 days
Landlord Entry Rights in Texas
You must provide at least 24 hours advance notice before entering a tenant's unit except in genuine emergencies (fire, flooding, gas leak). Entry should occur at reasonable times. Failing to provide notice is a lease violation that can give the tenant grounds to terminate.
Habitability Requirements
Texas landlords must maintain:
- Structural integrity of roof, walls, and foundation
- Working heating system (required by law)
- Working plumbing and hot water
- Working smoke detectors (landlord must test and provide at move-in)
- Carbon monoxide detectors (required for fuel-burning appliances)
- Pest control for cockroaches (in multi-unit buildings)
- Mold remediation for conditions making the unit uninhabitable
If you fail to make required repairs after proper written notice from the tenant, the tenant has the right to repair-and-deduct (up to one month's rent) or terminate the lease.
Eviction Process in Texas (Step by Step)
Texas has a relatively fast eviction process compared to other states — but it must be followed precisely:
Step 1: Notice to Vacate
- Non-payment of rent: 3-day Notice to Vacate (can be specified differently in lease)
- Lease violation: Reasonable time to cure (typically 3 days notice)
- Month-to-month termination: 30 days notice by either party
- Holdover after lease end: 3-day Notice to Vacate
Serve the notice in person, by certified mail, or posted on the front door.
Step 2: File Eviction Suit
If the tenant doesn't comply with the notice, file an eviction petition at the Justice of the Peace court in the precinct where the property is located. Filing fee is $100–$150.
Step 3: Serve the Tenant
The court serves the tenant with a citation including the hearing date (typically 10–21 days after filing).
Step 4: Hearing
Both parties appear before the Justice of the Peace. If the landlord wins, the court issues a judgment for possession and any unpaid rent.
Step 5: Writ of Possession
If the tenant doesn't vacate after the judgment, the landlord files for a Writ of Possession (additional fee ~$75–$100). The constable executes the writ, typically within 24 hours of issuance.
Total timeline: An uncontested eviction in Texas takes 3–5 weeks from notice to possession. A contested eviction can take 6–10 weeks.
Disclosures Required in Texas
Texas landlords must disclose:
- Lead paint: Required for homes built before 1978 (federal law)
- Mold: Known mold conditions affecting habitability
- Flooding history: If the property has flooded in the last 5 years (required since 2019)
- Sex offender registry: Not legally required in Texas, but best practice to note it's publicly available
Austin-Specific Considerations
Austin City Council has passed several tenant protection ordinances that go beyond state law:
- Relocation assistance: Required for no-fault evictions in some circumstances
- Source of income: Austin prohibits discrimination based on source of income (including Section 8 vouchers)
- Short-term rentals: Strict licensing and zoning requirements; not all properties qualify
Note: Texas state law preempts most local tenant protection laws, so there is ongoing legal tension between Austin ordinances and state preemption. Consult an Austin real estate attorney for current guidance.
Frequently Asked Questions
An uncontested eviction takes 3–5 weeks from the initial Notice to Vacate to the Writ of Possession. Contested cases can extend to 6–10 weeks.
Only if damaged beyond normal wear and tear. Typical use wear after 3+ years of tenancy is not deductible. Document condition with photos at move-in and move-out.
