Key Takeaways:

Texas landlord-tenant laws define the basic legal protections, rights, resources, and responsibilities of both landlords and tenants.
Fair Housing laws prohibit discrimination based on protected characteristics like race, religion, sex, disability, or family status.
Landlords must provide safe housing, follow disclosure rules, and return security deposits on time.
Tenant rights include the right to repairs, privacy, quiet enjoyment, and protection from retaliation.

The Landlord-Tenant Laws guide the relationship between landlords and tenants in Texas. Landlords and renters should make understanding their rights and responsibilities a priority. With these knowledge basics, they can navigate whatever issue of landlord-tenant law they may have, and even avoid those issues entirely!

At Real PM Services, we believe it is important to have a good understanding of the Texas Rental laws whether you are an owner or a tenant of a rental property. This page is an overview of the basics of Texas landlord-tenant laws.

1. The Texas Fair Housing Laws

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The Fair Housing Act prohibits discrimination in housing and protects tenant rights to housing. If a landlord fails to comply with this law, they may face legal consequences, and damage to their professional reputation, which difficult to repair.

Examples of discriminatory practices, which are also addressed under Texas landlord-tenant laws and the Texas Property Code, include refusing to rent because a tenant owes rent or has a history of late payments, if such decisions are applied inconsistently or used as a pretext for discrimination.

Being steered to properties, buildings, or units on one side of a complex based solely on factors related to a person’s characteristics.
A refusal to make reasonable accommodations for a person with disabilities.
Harassment or intimidation such as verbal threats, vandalism, or unwanted sexual advances.
Advertising that indicates a limitation or preference based on a particular class of people.
Requiring different a lease or condition based on a class of persons.
Lying about or misrepresenting the availability of housing when the housing is available.

Under the protection of the law, Texas apartment dwellers have a right to enjoy their housing without being discriminated because of their:

Familial Status	A landlord cannot deem a property as “adults only” or refuse to rent to families with children. They also cannot refuse to rent to tenants, pursue lease termination, or take actions that interfere with a tenant’s ability to pay rent based on family status. Additionally, a landlord cannot require a tenant to vacate the property due to familial status discrimination.
Disability	Disability may include illnesses such as alcoholism, HIV or AIDS, mental illness, chronic illness, among others.
Sex	Landlords are prohibited from considering the tenant’s sex when making decisions about their housing, including decisions that affect the tenancy, terminate tenancy, or require a tenant to vacate the property.
National Origin	Landlords shouldn’t consider where tenants’ families are born when making decisions to rent, sell, evict tenants, or enforce the lease term or rental agreement on the premises.
Religion	A tenant’s religion shouldn’t be used to give preferential treatment to tenants. It should also not be used as a requirement to be considered for a lease or to rent a property. Additionally, religion should not influence the terms of the lease or the amount of rent charged.
Color	A person’s color shouldn’t play any role in tenants’ ability to have housing, nor should it impact how tenants are treated during their tenancy.
Race	Race shouldn’t play a part in deciding a tenant’s housing, and landlords cannot legally evict or discriminate against tenants based on race, as outlined by the law.

2. Texas Required Landlord Disclosures

According to the Texas landlord-tenant laws, the following are the disclosures that landlords need to make to renters:

Return for Security Deposit	Texas tenants must give advance notice of surrender as a condition for getting back their security deposit. Landlords can deduct repair costs beyond normal wear and tear before returning the deposit. (Tex. Prop. Code Ann. §â)
Electric Service Interruption	A landlord who allocated master metered electricity, or who submeters electric service, may interrupt a renters’ electricity service if the renter fails to pay the bill. (Tex. Prop. Code Ann. §92.008(h))
Landlord’s Towing or Parking Policies	The landlord must give the tenant a copy of the rules or policies before the signing of a lease agreement. This is assuming the landlord has a vehicle towing or parking rules and the tenant lives in a multi-unit property. (Tex. Prop. Code Ann. §92.0131.)
Tenant’s Rights in Texas for Repairs	These rights include the right to terminate the lease agreement; to repair and deduct; and obtain a judicial order that the landlord provide notice, pay the tenant damages, reduce the rent, make repairs, issue notice, and pay the tenant’s attorney and court fees. Additionally, tenants may receive notice before certain actions (like repairs) are taken, and landlords must differentiate between tenant damages and normal wear and tear when making deductions for repair. (Tex. Prop. Code Ann. §92.056)
Domestic Violence Victim’s Rights	Victims of sexual abuse or assault on the premises may break a lease in Texas, after complying with specified procedures without responsibility for future rent. (Tex. Prop. Code Ann. §92.016)
Security Device Requests	If a landlord wants renter requests concerning security devices to be in writing, this requirement must be in the lease agreement in boldface type or underlined. (Tex. Prop. Code Ann. 92.159)
Owner or Agent Identity	In the lease agreement, either written or posted on the property, the landlord must disclose the name and address of the property’s owner. (Tex. Prop. Code Ann. §92.201)

3. Texas Landlords’ Responsibilities

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Successful landlords in Texas know the importance of staying on top of Texas landlord-tenant laws and the Texas Property Code.

They learn more than the basics. Good landlords protect their tenant’s rights when they follow state rules governing security deposits, handle cash rent payments properly, maintain and make repairs to their rental properties, and choose tenants in a nondiscriminatory way.

The underlying purpose of these landlord responsibilities is to protect tenant rights. These responsibility basics include:

Follow exact procedures for terminating a tenancy
Don’t retaliate against a Texas renter who exercises their legal tenant rights
Make legally required disclosures
Prepare a legally written lease or rental agreement
Provide habitable housing
Meet state security deposit limits and return rules
Follow state rent laws
Comply with anti-discriminatory laws

4. Texas Tenant Rights

According to the Texas Attorney General, Texas residents are entitled to the following basic tenant rights as part of the landlord-tenant relationship:

The tenant’s right to security in their home. Some basic security measures may include deadbolts on exterior doors and working window latches.
The tenant’s right to health and safety in their homes. The landlord has an obligation to repair any condition that can negatively affect a tenant’s health or safety.
The tenant’s right to “quiet enjoyment” of the home they rent. This means the landlord cannot disturb a tenant’s right to live in peace and quiet. The landlord also cannot evict a tenant without proper cause.

5. Texas Security Deposit Laws

The majority of rental agreements make a security deposit necessary. Under Texas law, a security deposit helps cushion a landlord against the financial blow if a renter skips out early on the lease. It also helps cover property damage that is a result of a tenant’s negligence or carelessness.

Below is a summary of the Texas laws on Security Deposits:

Texas landlords are required to return a tenant’s security deposit within thirty days after the tenant has moved out. The Texas renter must first write a notice of their intention to surrender the rental unit.
There is no statutory limit on security deposits, at least at the state level. The laws may, however, be available at the city and/or county level.

6. Landlord Retaliation in Texas

Disputes between landlords and renters are unfortunate situations, but they can happen. Texas law and landlord-tenant regulations protect tenants from retaliation by their landlord, as retaliation violates tenant rights.

Common reasons for landlord retaliation include:

A renter joins a Texas tenant’s union.
A tenant has otherwise engaged in tenant organization. i.e. organized the other tenants in the building to protest against an issue.
A tenant withholds unpaid rent until an issue is fixed.
A renter calls the building department to complain. The renter may, for example, complain about a faulty banister on the stairs.
A renter complains to the health department. For instance, the renter may complain about mold in the bathroom.

Examples of acts that may be deemed retaliatory under Texas law if the landlord fails their basic responsibilities to protect their tenant’s rights include:

Making the renter’s stay unpleasant. For example, the landlord may block the tenant’s parking spot, restrict a tenant from use of previously common washer or refuse to make repairs to the tenant’s unit.
Not renewing the renter’s lease.
Threatening or harassing the tenant.
Increasing rent.
Terminating the tenant’s lease.
Filing an eviction proceeding.
Depriving the tenant of use of the premises.

Generally, the landlord is considered to be engaging in retaliation if he engages in any of these retaliatory acts within six months after the tenant complaint.

7. Landlord’s Right to Entry in Texas Rentals

Inevitably during a tenancy, the landlord will need to enter the rental unit for either emergency or non-emergency repairs or maintenance. Unlike other states, there is no state legislation in Texas law that regulates a landlord’s access to a rented dwelling. As such, the landlord entry rights are defined in terms of a lease, so it’s import the tenant and landlord are on the same page regarding notice..

Generally, landlords can only enter a renters’ rental unit under specific situations such as:

To show the apartment to prospective renters
To investigate potential lease violations
During an emergency
If the tenant invites the landlord in or asks them to enter the apartment
To inspect the property for damage

DISCLAIMER: This information on this page is intended for informational purposes only and shouldn’t be used as a substitute for legal advice. Seek professional advice from a qualified attorney should you need more clarification and how best to move forward.

Frequently Asked Questions About Texas Rental Laws

What Should Texas Landlords Review Before Leasing A Property?

Before leasing a rental property, owners should review applicable Texas landlord-tenant requirements, prepare a legally appropriate lease agreement, and confirm that required disclosures are included. Important areas may include security deposits, property-owner identification, repair responsibilities, entry provisions, parking or towing policies, and applicable rent rules.

Owners should also evaluate their leasing procedures for consistency with the Texas Fair Housing Act. Because legal obligations can depend on the property and circumstances, landlords may benefit from consulting a qualified Texas attorney when reviewing or updating lease documents.

How Can Rental Property Owners Reduce Legal And Compliance Risks?

Rental property owners can reduce potential compliance concerns by using consistent procedures, maintaining accurate records, and staying informed about changes to Texas landlord-tenant laws. Written documentation of lease terms, repair requests, written notices, inspections, and financial transactions can help establish a clear record of property management activity.

Owners should also avoid discriminatory practices as laid out in the federal Fair Housing Act, follow required disclosure rules, and use appropriate procedures when addressing lease violations or ending a tenancy. Legal requirements may vary depending on the situation, so professional legal guidance may be appropriate when questions arise.

What Should Landlords Know About Security Deposits In Texas?

Texas landlords should understand the rules governing security deposit collection, deductions, and returns before accepting a deposit. Landlords generally charge one month’s rent and must return a security deposit within thirty days after move-out, provided the tenant has given the required notice of surrender.

Deductions may be permitted for damage beyond normal wear and tear or rent owed, but owners should maintain clear records supporting any deductions. Texas does not impose a statewide statutory limit on security deposit amounts, although local requirements may apply.

How Should Owners Handle Repairs And Habitability Concerns?

Landlords should respond to repair and safety concerns in a timely and organized manner, particularly when an issue may affect the property’s habitability or a resident’s health and safety. Owners should document the reported problem, communication, repair activity, and completion details.

Texas law may provide tenants with specific remedies when landlords fail to meet repair obligations, including possible lease termination, repair-and-deduct rights, or court action under qualifying circumstances. Because the appropriate response depends on the facts, owners should seek qualified legal advice before taking action in a disputed repair matter.

What Are The Rules For Landlord Entry In Texas Rentals?

Texas does not have a statewide statute that generally establishes notice requirements for every landlord entry into a rented dwelling. Instead, entry rights are often governed by the lease agreement and the circumstances involved.

Common reasons for entry may include emergencies, repairs, inspections, investigating possible lease violations, showing the property to prospective renters, or entering at the resident’s invitation. Owners should clearly address access provisions in the lease and follow the agreed terms to help avoid misunderstandings or disputes.

How Can Landlords Avoid Retaliation Claims?

Landlords should avoid taking adverse action against a resident because the resident exercised a protected legal right, such as reporting a health or safety concern or participating in tenant organization.

Possible retaliatory actions may include refusing to renew a lease, increasing rent, harassing a resident, terminating a lease early, filing an eviction proceeding, or interfering with use of the property. Owners should document legitimate business reasons for decisions and apply policies consistently. Retaliation rules can be fact-specific, so contact a Texas real estate attorney before acting.

What Role Does A Property Management Company Play In Texas Legal Compliance?

A property management company may help rental property owners organize leasing, maintenance, rent collection, documentation, and resident communication processes in a manner consistent with applicable requirements. Professional management can also provide administrative support for required disclosures, financial records, repair coordination, and lease enforcement.

However, management services do not eliminate an owner’s legal responsibilities, and the specific services or compliance support available will depend on the company’s agreement and procedures. Owners should confirm the scope of services and consult qualified legal professionals for legal advice.

This content is provided for general informational and educational purposes only and does not constitute financial, legal, tax, or investment advice. Readers should consult with licensed professionals regarding their specific circumstances.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.

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Overview of the Texas Rental Laws