Know Your Tenant Rights - Guides & Resources for Texas

Texas Landlord-Tenant FAQs

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

Quick Answer: Texas landlords must return your security deposit within 30 days after you move out. However, they don't have to return it until you give them your new address in writing. If they keep some of your deposit, they must send you a detailed list explaining why.

Understanding the 30-Day Texas Security Deposit Timeline

In Texas, the security deposit return period is 30 days. This timeline starts when you move out and provide a written forwarding address to your landlord. Your forwarding address doesn't have to be where you live. It just needs to be a reliable place where you can receive mail.

The 30-day rule is a hard deadline. If your landlord misses it, they could face serious penalties. Courts may assume your landlord acted in bad faith if they don't return your deposit or send an itemized list within 30 days.

What Happens If You Don't Provide a Forwarding Address

Your landlord is not required to return your deposit until you give them your new address. This must be in writing. Even if you forget to provide your address, you don't lose your right to get your deposit back. You can still take legal action to recover it later.

What Your Landlord Must Include When Returning Your Deposit

When your landlord returns your deposit, they must include specific information. If they're keeping any portion of your deposit, they must send you an itemized list. This list must explain each deduction and describe the damages. The only exception is if you owe rent and there's no disagreement about the amount.

Penalties for Landlords Who Don't Follow the Rules

If your landlord doesn't return your deposit or send you an itemized list within 30 days, you can sue. Texas law allows you to recover three times the amount wrongfully kept, plus $100, plus your attorney fees. This applies to cases under $20,000, which you can file in your local justice of the peace court (also called small claims court).

Sources:

TOP

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

Quick Answer: Texas landlords can only deduct money from your security deposit for damage you caused beyond normal wear and tear, unpaid rent, or other charges listed in your lease. They cannot charge you for normal aging and everyday use of the rental property.

What Texas Landlords Can Deduct From Your Deposit

Your landlord can take money from your security deposit for several reasons. These include damage you or your guests caused beyond normal wear and tear. They can also deduct unpaid rent and any fees specifically listed in your lease agreement.

For example, if your lease says you'll pay a fee for not giving proper move-out notice, your landlord can deduct that. If you signed a lease that prohibited painting walls and you painted anyway, they can deduct the repainting cost.

Understanding Normal Wear and Tear in Texas

Texas law has a specific definition of normal wear and tear. This is important because landlords cannot charge you for it. Normal wear and tear means deterioration that happens from regular, everyday use of the home. This includes things that break down due to age or normal condition.

Here's what counts as normal wear and tear:

  • Small nail holes from hanging pictures

  • Faded paint or wallpaper from sunlight and time

  • Carpet worn thin from regular foot traffic

  • Minor scratches on wood floors from furniture

  • Worn door handles or cabinet knobs

What Doesn't Count as Normal Wear and Tear

Your landlord can charge you for damage that results from negligence, carelessness, accidents, or abuse. This includes damage caused by you, members of your household, or your guests.

Examples of chargeable damage:

  • Large holes punched in walls

  • Carpet stained by pet urine or major spills

  • Broken windows or doors

  • Burns on countertops or floors

  • Missing or broken appliances

Real-World Example

If you lived in an apartment for two years and the carpet became slightly worn from normal walking, your landlord cannot charge you for new carpet. But if your waterbed leaked and caused mold in the carpet, you can be charged for the damage.

Required Documentation for Deductions

If your landlord deducts money from your deposit for damages, they must give you an itemized list. This list must include a description of each damage and the cost to repair it. The only time they don't need to provide this list is if you owe rent and there's no dispute about how much you owe.

Sources:

TOP

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

Quick Answer: Texas landlords must give you a written "Notice to Vacate" before they can evict you. The most common types are a 3-day notice for not paying rent or breaking lease rules, and a 30-day notice for month-to-month leases or when your lease ends.

The 3-Day Notice to Vacate in Texas

This is the most common type of eviction notice in Texas. Your landlord can use a 3-day notice when you don't pay rent on time or when you violate your lease agreement. The notice must give you at least 3 days to either fix the problem or move out.

For example, if you don't pay rent, your landlord must give you 3 days to pay or leave. If you're keeping a pet when your lease says no pets, they give you 3 days to remove the pet or move out. Some leases may require more than 3 days, so always check your lease agreement.

The 30-Day Notice Requirements

Texas landlords must give 30 days' notice in certain situations. This applies when ending a month-to-month lease or when a fixed-term lease is expiring. The CARES Act (a federal law) also requires 30 days' notice for some properties with government-backed mortgages or federal housing assistance.

Notice for Holdover Tenants

A holdover tenant is someone who stays in the rental property after their lease ends without the landlord's permission. If you become a holdover tenant, your landlord typically must give you at least 3 days' notice before filing for eviction.

What Must Be Included in a Texas Eviction Notice

Every eviction notice in Texas must include specific information. The notice must state the reason why you're being asked to leave. It must also clearly say how much time you have before your landlord can file an eviction lawsuit.

How Landlords Can Deliver the Notice to You

Texas law allows three ways to deliver an eviction notice:

  1. In person to you or anyone in your home who is 16 years or older

  2. By mail to your rental address

  3. Posted on the inside or outside of your main entry door

If the notice is posted on the outside of your door, the time limit starts immediately when it's posted. If it's delivered in person or by mail, the time limit starts when you receive it.

What Happens If Your Landlord Doesn't Follow Notice Rules

If your landlord tries to evict you without proper notice, the eviction is illegal. You have the right to defend yourself in court by showing the notice was improper. Always keep copies of any notices you receive.

Sources:

TOP

4. How does the eviction process work in Texas?

Quick Answer: The Texas eviction process has six required steps and takes about 3-6 weeks from start to finish. Your landlord must give you proper notice, file a lawsuit, serve you court papers, attend a hearing, get a judgment, and obtain a court order before you can be physically removed from the property.

Step 1: The Notice to Vacate (3-30 Days)

Your landlord must start by giving you written notice. This tells you why they want you to leave and how much time you have to move out. For unpaid rent or lease violations, you get at least 3 days. For ending a month-to-month lease, you get at least 30 days.

Step 2: Filing the Eviction Lawsuit (Day 1)

If you don't move out by the deadline, your landlord can file an eviction lawsuit. In Texas, this is officially called a forcible detainer suit. The lawsuit must be filed in the justice court (small claims court) where your rental property is located.

Step 3: Getting Served With Court Papers (At Least 6 Days Before Trial)

After your landlord files the lawsuit, you must be served with court papers. A sheriff or constable will try to deliver these papers to you in person. They can also give them to someone in your household who is 16 or older. You must receive these papers at least 6 days before your court hearing.

Step 4: The Court Hearing (10-21 Days After Filing)

The court schedules a hearing no sooner than 10 days and no later than 21 days after the lawsuit is filed. You have the right to attend this hearing and tell your side of the story. You can bring evidence, witnesses, and any documents that support your case.

You don't have to file a written answer to the lawsuit, but you must show up to the hearing. If you don't appear, the judge will automatically rule in favor of your landlord (this is called a default judgment).

Step 5: The Judge's Decision (5-Day Waiting Period)

After the hearing, the judge will make a decision. If the judge rules against you, nothing can happen for 5 days. This gives you time to file an appeal if you believe the judge made a mistake. During this time, you can still stay in the property.

Step 6: Writ of Possession and Physical Removal

After the 5-day waiting period, if you haven't appealed, your landlord can ask the judge for a writ of possession. This is a court order that allows law enforcement to physically remove you and your belongings from the property. Only a constable or sheriff can carry out this removal. Your landlord cannot do it themselves.

Important 2026 Changes to Texas Eviction Law

Senate Bill 38 was signed in June 2025 and takes effect on January 1, 2026. This new law creates faster eviction procedures specifically for squatters (people who never had permission to live there). For regular tenants with leases, the process described above still applies.

Timeline Example for a Typical Texas Eviction

Here's how long the entire process might take:

  • Day 1-3: Notice to Vacate period

  • Day 4: Landlord files lawsuit

  • Day 14-25: Court hearing held

  • Day 15-26: Judge issues judgment

  • Day 20-31: 5-day appeal period ends

  • Day 21-32: Writ of possession issued

  • Total time: About 3-5 weeks minimum

Sources:

TOP

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

Quick Answer: You can only break a lease early without penalty in Texas if you qualify for specific legal protections. These include military deployment, being a victim of family violence or sexual assault, or your landlord failing to make required repairs or provide smoke alarms. For all other reasons (like a new job or buying a house), you'll still owe rent.

When Texas Law Protects You From Lease-Breaking Penalties

Texas law allows you to end your lease early without owing money in these specific situations. Each situation has different requirements you must meet.

Military Service Protection

If you're in the military and get deployed or permanently moved to a new station, you can break your lease. Your deployment must last at least 90 days to qualify. This protection also applies to your dependents and people who sign a lease and then enter military service.

To end your lease for military reasons, you must give your landlord two things: written notice that you're leaving and a copy of your military orders. The exact date your lease ends depends on your specific situation, so check Texas Property Code Section 92.017 for details.

Family Violence Protection

If you or someone in your household is a victim of family violence, you can terminate your lease without penalty. Family violence means an act by a family or household member that causes physical harm or makes you fear immediate physical harm. It also includes abuse and dating violence.

To qualify, you must give your landlord two items: documentation of the family violence and 30 days' written notice that you're moving out. You must actually move out within those 30 days. After you leave, you won't owe any future rent or fees for breaking the lease.

Sexual Assault and Stalking Protection

Victims of sexual assault or stalking can end their lease early if the crime happened within the past 6 months. Parents or guardians of victims can also use this protection. The assault or stalking must have occurred at the rental property or at a dwelling on the premises.

You need to provide your landlord with documentation of the offense and 30 days' written notice. Then you must move out of the rental within that time period.

Landlord's Failure to Make Required Repairs

If your landlord doesn't fix problems that affect your physical health or safety, you may be able to end your lease. You must first ask for repairs in writing using a specific process. Send your landlord a dated letter by certified mail that lists the needed repairs. Your rent must be current when the landlord receives this letter.

Your landlord has 7 days to make a good effort to fix the problem. If they don't, and the problem truly affects your health or safety, you can end your lease without going to court.

Landlord's Failure to Provide Smoke Alarms

Texas law requires landlords to install, inspect, and maintain working smoke alarms. If your landlord doesn't do this, you can request it in writing. If they don't fix the problem within 7 days, you have the right to end your lease without penalty.

When You Cannot Break Your Lease Without Penalty

Many common reasons for wanting to move do not legally protect you from owing rent. These include:

  • Getting a new job in a different city

  • Buying a house

  • Moving in with a romantic partner

  • Relocating to be near family or friends

  • Wanting to upgrade or downgrade your living situation

  • Starting school in a new location

What Happens If You Break Your Lease Without Legal Protection

If you move out early without a legal reason, you'll still owe rent for the remaining lease term. However, your landlord has a legal duty to try to find a new tenant. This is called "mitigating damages." They must make reasonable efforts to re-rent your unit.

Once your landlord finds a suitable new tenant, you stop owing rent. But you may still owe other costs like:

  • A re-letting fee (must be reasonable and cover actual expenses)

  • Any unpaid rent up to the date the new tenant moves in

  • Costs your landlord spent advertising and showing the unit

Real-World Example

Sarah signs a 12-month lease in January. In May, she gets a job offer in another state. She doesn't qualify for any legal protections to break her lease. If she moves out in May, she owes rent for June through December unless her landlord finds a new tenant. If the landlord finds someone who moves in on July 1st, Sarah only owes rent through June.

Negotiating With Your Landlord

Even if you don't have legal protection, you can try to negotiate with your landlord. Some landlords will let you out of your lease early if you help find a replacement tenant or pay a reasonable fee. Get any agreement in writing before you move out.

Sources:

TOP

6. Are there limits on rent increases in Texas?

Quick Answer: No, Texas has no statewide rent control laws. Your landlord can raise your rent by any amount they want when your lease ends. However, they cannot increase rent in the middle of your lease term, and they cannot raise it for discriminatory or retaliatory reasons.

How Texas Rent Increases Work

Texas does not limit how much landlords can increase rent. Unlike states like California or New York, Texas has no cap on the percentage or dollar amount of rent increases. Your landlord has the freedom to raise rent as much as they choose when your lease is up for renewal.

When Landlords Can Raise Rent in Texas

The timing of rent increases depends on your type of lease. If you have a fixed-term lease (like a one-year lease), your landlord cannot raise your rent until the lease ends. For example, if you signed a 12-month lease agreeing to pay $1,200 per month, your landlord must honor that rate for the full 12 months.

If you have a month-to-month lease, your landlord can increase rent with proper notice. While Texas law doesn't specify a minimum notice period, 30 days is considered reasonable and acting in good faith.

When Rent Increases Are Illegal in Texas

Even though Texas has no rent control, some rent increases are against the law. Your landlord cannot raise rent for these reasons:

Discriminatory Increases Your landlord cannot raise your rent because of your race, color, religion, sex, national origin, familial status, or disability. These are called protected classes under the Fair Housing Act. For example, if your landlord raises rent only for families with children, that's illegal discrimination.

Retaliatory Increases Texas law prohibits landlords from raising rent to punish you for exercising your legal rights. If you do any of these things, your landlord cannot raise your rent for 6 months afterward:

  • Request repairs that affect your health or safety

  • File a complaint with a government agency about building or housing code violations

  • Report utility problems to proper authorities

  • Join or participate in a tenant organization

For example, if you complain to the city about mold in your apartment in March, your landlord cannot raise your rent until at least September.

How Much Notice Landlords Must Give

Texas law doesn't specify exactly how many days' notice landlords must give before raising rent. However, landlords must act in "good faith" and give "reasonable" notice. Most legal experts and landlords agree that 30 days is the minimum reasonable notice period.

Your landlord should tell you about the rent increase before your current lease expires. This gives you time to decide whether to renew at the higher rate or find a new place to live.

The Exception: Emergency Rent Control

Texas law does allow temporary rent control in very rare circumstances. Cities can create short-term rent control ordinances only if all these conditions are met:

  1. The governor has declared an official state of disaster

  2. The city finds that a housing emergency exists because of the disaster

  3. The governor approves the city's rent control ordinance

These emergencies might include major floods, hurricanes, earthquakes, or oil spills. However, even during the COVID-19 pandemic, Texas did not implement widespread rent control.

Real-World Example of Texas Rent Increases

Marcus has lived in his Austin apartment for two years, paying $1,000 per month. When his lease is up for renewal, his landlord sends him a notice 30 days before the lease ends. The notice says rent will increase to $1,400 per month if he renews. This is a 40% increase, but it's legal in Texas because Marcus's lease is ending, he got reasonable notice, and the increase isn't discriminatory or retaliatory.

What You Can Do About Large Rent Increases

If your landlord raises your rent by more than you can afford, you have several options:

  • Negotiate with your landlord for a smaller increase

  • Look for comparable rentals at lower prices

  • Choose not to renew and move elsewhere

  • Ask if you can sign a longer lease for a smaller increase

Remember, your landlord wants to keep good tenants who pay on time. It often costs landlords money to find new tenants, so they may be willing to negotiate.

Sources:

TOP

Free Security Deposit Guide
texas-tenant-rights-capitol

Government Resources

  1. Texas State Law Library
    https://guides.sll.texas.gov/landlord-tenant-law
    Official state legal resource providing comprehensive landlord-tenant law guides. Offers plain-language explanations of Texas Property Code sections, legal forms, and links to current statutes.

  2. Texas Attorney General - Consumer Protection https://www.texasattorneygeneral.gov/consumer-protection State agency protecting Texas consumers from unfair business practices. Provides official renter's rights information, complaint filing options, and guidance on security deposits and lease issues.

  3. Texas Property Code https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm Official text of Texas landlord-tenant laws as written by the state legislature. Contains the actual legal statutes governing security deposits, leases, evictions, and tenant rights (Chapters 92 and 24).

  4. Texas Department of Housing and Community Affairs https://www.tdhca.state.tx.us/
    State agency overseeing affordable housing programs and fair housing enforcement. Offers resources for renters seeking housing assistance, information on tenant rights, and discrimination complaint procedures.

Non-Profit & Advocacy

  1. Texas Law Help
    https://texaslawhelp.org/
    Statewide legal aid website providing free legal information and self-help resources. Offers easy-to-read articles, downloadable forms, and tools to help tenants with security deposits, evictions, and lease terminations.

  2. Texas Rio Grande Legal Aid
    https://www.trla.org/
    Nonprofit legal aid organization serving 68 counties in Southwest Texas. Provides free legal assistance to low-income renters facing eviction, housing discrimination, and landlord-tenant disputes.

  3. Austin Tenants Council
    https://www.housing-rights.org/
    Nonprofit tenant rights organization serving the Austin area since 1976. Offers free counseling, detailed security deposit guides, eviction defense resources, and education on Texas renter protections.

  4. Lone Star Legal Aid
    https://www.lonestarlegal.org/
    Major Texas nonprofit providing free civil legal services to low-income residents. Assists tenants with eviction defense, unsafe housing conditions, security deposit disputes, and discrimination cases across multiple regions.

Free Guide