Texas Residential Lease: Landlord Obligations
Texas residential landlords must follow Property Code Chapter 92 and Chapter 24. Key duties include making repairs that materially affect health or safety after proper notice, returning the security deposit with an itemized list of deductions within 30 days after the tenant surrenders, charging only permitted late fees and following lockout and eviction procedures. The lease cannot waive most of these rights.
Repairs
A landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, if the tenant gives notice and is current on rent. The statute sets procedures and remedies, including repair and deduct and lease termination in some cases. The tenant's notice should be in writing, and a landlord should keep records of requests and repairs.
Security deposits
- The landlord must return the deposit, with a written description and itemized list of deductions, within 30 days after the tenant surrenders the premises.
- The tenant must give a forwarding address in writing.
- Deductions are limited to damages beyond normal wear and tear and other lease-based charges.
- A landlord who acts in bad faith can face statutory penalties and attorney's fees.
Late fees
A late fee must be reasonable and in a written lease, and generally may not be charged until rent has remained unpaid for a statutory period after its due date. The statute includes a safe harbor for fees at certain percentages of monthly rent, which differ by size of the property. Check the current statute before setting a fee.
Notice to vacate and eviction
| Step | Rule |
|---|---|
| Notice to vacate | Generally three days unless the lease sets a different period |
| Eviction suit | Filed in justice court after the notice period |
| Judgment and writ | Only a constable or sheriff executes it. A landlord cannot use self-help. |
Landlords must follow federal and state rules on notices and any current protections that may apply.
Other duties
- Provide required security devices such as door locks and window latches, with re-keying after a tenant turns over.
- Include required notices in the lease, such as the tenant's right to repair and information about landlord and managers.
- Follow fair housing laws in advertising, screening and treatment of tenants.
- Do not retaliate against a tenant who exercises legal rights.
For commercial leases the rules are different. See commercial lease key clauses. For entity structure and risk see protecting rental property.
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Book Free ConsultationFrequently asked questions
Can a landlord keep the whole deposit?
Only for lawful deductions, with an itemized list. Keeping it without a basis can lead to penalties.
Can a landlord change the locks if rent is late?
Texas restricts lockouts. The Property Code lists when and how a landlord may change locks, and doing it wrongly can create liability.
Does a Texas lease have to be written?
Not always, but a written lease is strongly recommended, and some terms such as late fees must be in writing.
Does the three-day notice always apply?
It is the default unless the lease provides otherwise. Check the lease and the statute.