Tenant Rights in Texas

Security Deposits

• Maximum amountNo statutory limit. Landlords may charge any amount.
• Return deadline30 days after the tenant vacates.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and breach of lease charges. Must provide a written itemized statement of deductions. Failure to return the deposit or provide an accounting within 30 days creates a presumption of bad faith, and the landlord may be liable for 3x the deposit plus $100 in attorney fees.

Eviction Process

• Notice requirements3-day notice to vacate for nonpayment of rent (unless the lease provides for a shorter or longer period). No cure period is required by statute.
• Judicial eviction requiredYes
• Estimated timeline3 to 4 weeks for uncontested cases through justice court. Contested cases with appeal to county court can take several months.

Rent Control

Texas law (Tex. Prop. Code § 214.902) prohibits local governments from adopting rent control ordinances except in a disaster area for an initial period of 60 days.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingNot allowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice30 days' written notice by either party (unless the lease specifies otherwise).

Tenant may be liable for remaining rent. Landlord must mitigate damages. Military members may terminate under the SCRA. Victims of family violence may terminate with 30 days' notice under Tex. Prop. Code § 92.016.

Key Statutes

• Texas Property Code - Residential Tenancies: Tex. Prop. Code §§ 92.001–92.355
• Security Deposits: Tex. Prop. Code §§ 92.101–92.109
• Landlord Duty to Repair: Tex. Prop. Code §§ 92.051–92.061
• Repair and Deduct: Tex. Prop. Code § 92.0561
• Retaliation: Tex. Prop. Code § 92.331
• Rent Control Preemption: Tex. Prop. Code § 214.902

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Texas

Frequently Asked Questions

• Is there a security deposit limit in Texas?

  No. Texas has no statutory cap on security deposits. The landlord must return the deposit within 30 days of the tenant vacating, with a written itemized statement of any deductions.

• Can I use repair and deduct in Texas?

  Yes. Under Tex. Prop. Code § 92.0561, if the landlord fails to make a necessary repair after proper notice (notice sent by certified mail, return receipt requested, or registered mail), the tenant may use the repair-and-deduct remedy or terminate the lease. The tenant must follow specific procedural requirements.

• How much notice does a landlord need to evict for nonpayment in Texas?

  A landlord must give a 3-day notice to vacate for nonpayment of rent, unless the lease specifies a different period. There is no required cure period.

• Does Texas have rent control?

  No. Texas law prohibits local governments from enacting rent control except in disaster areas, and only for an initial period of 60 days.

Sources

• Texas Property Code Chapter 92 - Residential Tenancies
• Texas Tenant Rights (Texas Attorney General)