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Texas Residential Lease: Landlord Obligations

The short answer

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.

This page is general information, not legal advice, and does not create an attorney-client relationship. Rules change and every situation is different. Talk to a licensed attorney before acting on any of it. Last updated 2026-11-02.

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

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

StepRule
Notice to vacateGenerally three days unless the lease sets a different period
Eviction suitFiled in justice court after the notice period
Judgment and writOnly 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

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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Frequently 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.

Related questions

This page is for general informational purposes and does not constitute legal advice. Anchor Legacy Planning is not a law firm; legal work is performed by independent, licensed attorneys.