Under Texas law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under TX Property Code Chapter 92, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Texas, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Texas’ habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | No | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Garbage Containers/Removal | No | No |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords are required to make necessary repairs in a timely manner. In Texas, repairs must typically be made within 7-14 days after getting written notice from tenants, although some issues with essential services (like sewage backup that causes flooding) must be repaired within three days. If repairs aren’t made in a timely manner, Texas tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. Read more
Texas landlords are permitted to evict tenants for the following reasons:
It is illegal for landlords to evict tenants in retaliation or for discriminatory reasons.
It’s illegal for Texas landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a Texas tenant wishes to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days (can be modified) |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Texas tenants may legally break a lease early for the following reasons:
If a Texas tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Texas does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Texas does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes or in retaliation.
Texas state law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Texas state law does not extend protections to any extra groups not outlined in the Fair Housing Act.
Discriminatory Acts & Penalties: The Texas Department of Housing and Community Affairs handles issues relating to housing discrimination. They have highlighted the following behaviors as potentially discriminatory when directed at a member of a protected group:
Tenants who believe they have been the victim of housing discrimination may file a complaint here. Specific penalties vary on a case-by-case basis.
In addition to having laws that address general issues like repairs and security deposits, most states, including Texas, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Texas landlords have the right to enter rental property for inspections and maintenance, and to change the locks of a tenant who has defaulted on rent. In most cases, landlords must give notice before entering a property. The amount of notice is not specified in the law, and terms of access usually depend on what’s in the lease. However, landlords are not required to get permission to enter in case of emergencies.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $20,000. Texas Small Claims Court is a division of Justice Court. The process takes approximately three to four months.
Texas landlords must make these mandatory disclosures:
Texas law has certain provisions that allow for lockouts in a limited number of circumstances. However, landlords may only change a tenant’s locks once in a given rental period.
Texas landlords also have detailed legal responsibilities regarding doors and locks. If not provided, in many cases tenants can pay for the lock installation themselves and deduct the cost from rent.
Many cities in Texas have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
The City of Dallas provides extra protections for tenants. Landlords are not allowed to increase rent or diminish services as a response to a formal complaint. More info can be found here.
Tenants in Austin are entitled to take part in a variety of programs relating to fair housing and landlord-tenant mediation. These programs are provided by the Austin Tenants Council which can be contacted here.
San Antonio maintains several housing programs designed to help tenants who need financial support. More about these services can be found here.
The City of Houston has the “Security Device Law of 1993” that requires security devices to be installed in rental units that meet certain city standards. This covers lock systems, bolted doors, and window locks. More info can be found here.
The City of Fort Worth requires landlords to provide notice if the failure to pay utility bills will result in them being shut off. The landlords must wait 7 days, then provide a 5-Day Notice to pay. If the terms of this notice are not met, the landlord may shut off the utility.
Can a Landlord Enter Without Permission in Texas? Texas landlords can enter without permission for inspections, construction, maintenance, or emergencies. If the renter is in default on rent, landlords can also enter for a lock change. These terms of access may be modified by the rental agreement. Read more » Is Texas a “Landlord Friendly” State? Texas is a very landlord-friendly state because landlords have few habitability requirements and the state does not cap rent or applicable fees. Read more » What Are a Tenant’s Rights in Texas? Tenants in Texas have the right to a basically habitable dwelling. They have the right to sue the landlord, or repair and deduct for permitted issues, if required repairs aren't made within the legally allowed time. Read more » Can a Tenant Change the Locks in Texas? Texas law does not prohibit tenants from changing their locks, so if they're not prohibited by the lease, tenants can change locks at will as long as they preserve the landlord's access rights. Landlords, by contrast, can only change locks under very specific circumstances, usually related to nonpayment of rent. Read more »
