Texas Tenant Rights & Lease Help

Texas Tenancy Law Overview

Residential tenancies in Texas are governed primarily by Chapter 92 of the Texas Property Code. Texas does not have statewide rent control, and state law bars cities from enacting it except in a declared emergency — so rent increases are controlled by your lease and notice terms, not a cap.

Where Texas law is specific is on deposit refunds, security devices, the repair-and-remedy process, and eviction procedure. Self-help evictions — lockouts and utility shutoffs — are tightly restricted, and bad-faith deposit retention carries real penalties.

Key Texas Tenant Protections

• No statutory cap on security deposits, but the landlord must refund the deposit within 30 days of surrender (Tex. Prop. Code § 92.103).
• A landlord who retains a deposit in bad faith can be liable for three times the wrongfully withheld amount plus $100 and reasonable attorney's fees.
• Texas has no rent control — state law (Tex. Loc. Gov't Code § 214.902) preempts cities from enacting it except in a declared housing emergency with state approval.
• The repair-and-remedy process (§ 92.056) lets tenants compel repairs of conditions affecting health or safety after proper written notice.
• A landlord generally must give a written notice to vacate (often 3 days) before filing an eviction suit for non-payment, unless the lease specifies otherwise.
• Landlords must provide security devices (locks, door viewers) and may not retaliate against tenants who exercise their rights (§ 92.331).
• Lockouts and utility shutoffs to force a tenant out are illegal; a landlord must use the court eviction process.

Texas Cities

City-specific lease guides for Houston, Dallas, Austin, and San Antonio coming soon.

Frequently Asked Questions