Texas Tenant Rights, FAQ’s, Resources & Guides

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FAQ

4. How does the eviction process work in Texas?

The eviction process in Texas follows a formal court procedure:

  1. The landlord serves a notice to vacate.

  2. If the tenant doesn’t comply, the landlord files an eviction case in Justice of the Peace court.

  3. The tenant has the right to appear in court and present a defense.

  4. If the landlord wins, the court issues a judgment for possession.

  5. A writ of possession is carried out by the constable or sheriff to remove the tenant if necessary.

Self-help evictions, such as shutting off utilities or changing locks, are not allowed outside very narrow, statute-defined procedures. Even when a lockout is legally attempted, tenants have quick remedies to regain entry, and landlords face penalties if they do not follow the rules.

5. Can tenants break a lease early in Texas without paying a penalty?

Generally, tenants remain responsible for rent until the lease ends, but Texas law provides important exceptions:

  • Active military service (federal protections apply)

  • Family violence, sexual assault, or stalking (with proper documentation)

  • Serious health or safety issues when the landlord fails to make required repairs after proper notice

In other cases, tenants may still owe rent, but landlords have a legal duty to make reasonable efforts to re-rent the unit to reduce the tenant’s liability.

6. Are there limits on rent increases in Texas?

Texas does not have statewide rent control. Landlords may raise rent by any amount and as often as they choose, as long as:

  • The increase is not during the middle of a fixed-term lease unless the lease allows it.

  • Proper written notice is given in advance for month-to-month rentals (usually 30 days).

  • The increase is not retaliatory or discriminatory, which is prohibited under state and federal law.

Currently, no Texas city has local rent control ordinances, so rent levels generally follow market conditions.

1. How long does a landlord have to return a security deposit in Texas?

Under Texas law, a landlord must return your security deposit within 30 days after you move out. The return can be conditioned on you providing your forwarding address in writing.

If your landlord keeps any part of the deposit, they must provide a written, itemized list of deductions. The only exception is if you still owe rent and there is no dispute about the amount owed.

Failing to return the deposit in bad faith can make the landlord liable for three times the amount wrongfully withheld, plus additional penalties and attorney’s fees.

2. What can a Texas landlord legally deduct from a tenant’s security deposit?

Texas landlords can only deduct for specific, lawful reasons:

  • Unpaid rent

  • Damages beyond normal wear and tear (for example: broken windows, large holes in walls, or intentional damage)

  • Other costs the tenant is responsible for under the lease

They cannot deduct for ordinary wear and tear, such as faded paint, minor scuffs, or worn carpet.

If deductions are made, the landlord must send you a written, itemized statement of charges within 30 days.

3. What types of eviction notices can landlords use in Texas?

In Texas, the most common eviction notices are:

  • 3-day notice to vacate: used for nonpayment of rent or lease violations, unless the lease specifies a different time frame.

  • Notice to terminate a month-to-month tenancy: generally requires advance written notice equal to the rent-payment period (for example, 30 days if rent is paid monthly).

Notices must be delivered properly, either in person, by mail, or by posting on the door when allowed under the law.

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Nonprofit & Advocacy

  1. Texas RioGrande Legal Aid
    https://www.trla.org/

  2. Texas Tenants' Union
    https://www.txtenants.org/

  3. Lone Star Legal Aid
    https://www.lonestarlegal.org/

  4. Austin Tenants Council
    https://www.housing-rights.org/

  5. Texas Tenant Advisors

    https://www.texastenant.org/