Texas landlord basics

Duties at a glance

Security deposits

• Refund the deposit, or give a written, itemized list of deductions, within 30 days after the tenant surrenders the property (§92.103).
• You don't have to send it until the tenant gives a written forwarding address (§92.107).
• Normal wear and tear can't be deducted. Damage and unpaid charges can, if they are documented.
• Bad-faith retention costs $100 plus three times the amount wrongfully withheld, plus attorney's fees, and missing the 30-day deadline creates a presumption of bad faith (§92.109).

The full process is in Texas security deposit return rules.

Repairs

A landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, or a failure to supply hot water of at least 120°F, once the tenant has given notice to the place rent is normally paid and is not delinquent in rent (§92.052). The landlord generally has no duty to repair damage caused by the tenant, household members or guests, other than normal wear and tear.

If the landlord doesn't act within a reasonable time after notice (and, in most cases, a second written notice or a first notice sent by a trackable mail method), the tenant gains remedies that can include ending the lease, repair-and-deduct in limited cases, or a court order. The Code presumes seven days is a reasonable time, a presumption that can be rebutted based on severity and the availability of materials, labor and utilities (§92.056). Log every request and response with dates.

Late fees

Under §92.019, a late fee is allowed only if:

• notice of the fee is in a written lease;
• the fee is reasonable; and
• any part of the rent remains unpaid two full days after the date it was originally due.

A fee is considered reasonable if it is not more than 12% of the rent for the rental period for a dwelling in a structure with four or fewer units, or 10% in a structure with more than four units. A higher fee must be justified as not more than the landlord's uncertain damages from late payment. An initial fee and daily fees together count as one late fee. A landlord who violates the section owes the tenant $100, three times the improper fee, and attorney's fees.

Security devices, smoke alarms and flood notices

• Security devices. Without a tenant request, a dwelling must have a window latch on each exterior window, a doorknob lock or keyed deadbolt on each exterior door, a keyless bolting device and a door viewer on each exterior door, and pin locks and handle latches or security bars on sliding glass doors (§92.153). Keyed security devices must be rekeyed at the landlord's expense within seven days after each tenant turnover (§92.156).
• Smoke alarms. At least one in each separate bedroom, one in a corridor serving multiple bedrooms, and one on each level (§92.255). Older units may use battery-powered alarms under the stated conditions.
• Flood disclosure. For leases of 30 days or longer, the landlord must give a written notice stating whether the landlord is aware the dwelling is in a 100-year floodplain and, if known, whether it has flooded in the last five years. It must be in the lease, an addendum or a separate signed document. If the landlord doesn't comply and the tenant suffers a substantial flood loss, the tenant may end the lease (§92.0135).

Lockouts and utilities

A landlord may change the locks of a tenant who is delinquent in rent only if the right is in the lease and the statute's conditions are met. The landlord must post a notice on the front door giving a 24-hour place to get the new key, or a 24-hour number that will deliver a key within two hours, and must give the tenant the new key at any hour whether or not rent is paid (§92.0081). A landlord may not interrupt utilities the tenant pays for directly, or generally cut off water, wastewater, gas or electricity the landlord furnishes, except for bona fide repairs, construction or an emergency (§92.008). Self-help eviction exposes a landlord to penalties and damages.

How eviction works

1. Notice to vacate. Give written notice at least three days before filing, unless the written lease sets a different period. For a first-time nonpayment, it must be a notice to pay rent or vacate. Deliver it by a method §24.005 allows.
2. File a sworn petition in justice court in the precinct where the property sits.
3. Trial is set 10 to 21 days after filing. A landlord may seek summary disposition if there is no genuine factual dispute.
4. Appeal period. Either side may appeal to county court within five days after the judgment is signed.
5. Writ of possession. No earlier than the sixth day after judgment. A constable or sheriff executes it after posting a 24-hour warning. The landlord never removes the tenant personally.

Each stage, with deadlines and documents, is in the Texas eviction process and timeline.

Fair housing

The federal Fair Housing Act and the Texas Fair Housing Act prohibit discrimination in advertising, screening, terms and evictions. Apply written screening criteria consistently to every applicant, and handle requests for reasonable accommodations, such as assistance animals, according to the law.

Good habits

• Use a written lease that reflects current Texas law, including the flood disclosure.
• Keep move-in and move-out condition reports with photos.
• Log repair requests and responses with dates.
• Keep deposits and rents in the property's own account. See LLCs for rental property.
• If the home is in an HOA, build the association's rules into the lease. See HOA rules for landlords.

Common questions

How much can a Texas landlord charge for a late fee?

The Property Code treats a fee as reasonable if it is no more than 12% of the rent for the rental period in a building with four or fewer units, or 10% in a larger building, and it can only be charged after rent is two full days late under a written lease.

How long does a Texas landlord have to make repairs?

The statute presumes seven days is a reasonable time after proper notice, but the presumption can be rebutted depending on the condition and the availability of labor, materials and utilities.

Can a Texas landlord enter the property without notice?

The Property Code does not set a general entry-notice period for residential landlords. Entry is usually governed by the lease, so write a clear entry clause.

Does a landlord have to disclose flooding?

Yes, for leases of 30 days or more. The notice must cover floodplain status and, if the landlord knows, flood damage in the previous five years.

Related guides

• Texas security deposit return rules
• The Texas eviction process and timeline
• Taxes on rental income in Texas

The statute: Texas Property Code, Chapter 92.