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Legal Rights Handbook

Texas Renter Rights & Landlord Laws 2025

Everything tenants and landlords need to know about Texas housing laws. Eviction rules, deposits, and rights.

Updated January 15, 2026
5 min read

Renter Rights & Landlord Laws Guide 2025: Texas

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Laws can change and may be interpreted differently by courts. Always consult with a qualified attorney for specific legal issues.

1. Overview: The Texas Landscape

Texas is widely recognized as a Landlord-Friendly state (Score: High). This means that state laws generally favor property owners in disputes, and the legal framework is designed to facilitate relatively efficient property management and eviction processes.

  • For Landlords: The legal environment allows you to enforce lease terms and pursue eviction relatively quickly compared to tenant-friendly states. However, strict adherence to procedure is mandatory.
  • For Renters: While you have rights, the system moves fast. It is critical to know your obligations and to respond immediately to any legal notices. Ignoring a notice can lead to a rapid loss of your housing.

2. Security Deposits

Texas law provides specific guidelines on how security deposits must be handled.

Limits

  • No State Cap: Texas does not set a maximum limit on the amount a landlord can charge for a security deposit.
  • Pet Deposits: Landlords can charge a separate pet deposit. However, for tenants with a legitimate emotional support animal (ESA) or service animal, charging a pet deposit or pet rent is restricted under federal Fair Housing laws.

Return Requirements

  • Deadline: Landlords must return the security deposit, plus an itemized list of deductions, within 30 days after the tenant moves out.
  • Deductions: Landlords may deduct for:
    • Unpaid rent.
    • Damages beyond normal wear and tear.
    • Costs to repair or restore the property.
  • Failure to Return: If a landlord fails to return the deposit or provide an itemized list within 30 days, the tenant may be entitled to recover three times the amount wrongfully withheld, plus $100 and attorney’s fees. This is a powerful penalty for landlords who fail to comply.

3. Eviction Rules

In a landlord-friendly state like Texas, the eviction process (known legally as "Forcible Detainer") is streamlined but strictly procedural.

The Process (Summary)

  1. Notice to Vacate: The landlord must provide a written notice to the tenant. For non-payment of rent, this is typically a 3-Day Notice (excluding weekends and legal holidays). The tenant has three days to pay rent or move out. For lease violations, a 3-Day Notice to Vacate is also standard.
  2. Filing Suit: If the tenant does not comply, the landlord files an eviction lawsuit (Forcible Detainer suit) in the Justice of the Peace (JP) court.
  3. Hearing: A hearing is scheduled usually within 10 to 21 days. The tenant must be served with a citation.
  4. Appeal: If the tenant disagrees with the judgment, they have 5 days to appeal to a higher court.
  5. Writ of Possession: If the tenant does not move out after the judgment (or after the appeal period expires), the landlord can request a "Writ of Possession," which authorizes law enforcement to remove the tenant.

Critical Warning: The 3-Day Notice

The 3-day notice is the starting gun for eviction. It does not automatically mean you must be out in three days; it means you have three days to pay the rent in full or move out. If you do neither, the landlord can file suit on the 4th day.

4. Landlord Entry

Texas law is silent on a specific statute requiring landlords to give notice before entering a rental unit. However, this is governed by common law and the lease agreement.

  • Standard Practice: Unless there is an emergency (fire, flood, imminent danger), landlords are generally expected to provide at least 24 hours' notice before entering for inspections, repairs, or showings.
  • Lease Agreement Rules: The lease should specify entry notice requirements. If the lease is silent, "reasonable notice" is implied. Entering without notice or for harassment can be considered a violation of the tenant's "covenant of quiet enjoyment."
  • Tenants: You generally cannot unreasonably deny entry if proper notice is given for legitimate reasons.

5. Rent Control

Does it exist? No.

Texas state law preempts local rent control ordinances. This means that cities like Austin, Dallas, Houston, or San Antonio cannot enact their own rent control laws.

  • For Landlords: You have the freedom to raise rent at the end of a lease term (with proper notice) without state-imposed caps.
  • For Renters: Rent increases can be significant between lease terms. Always check the rent amount before renewing.

6. Special Warning for Landlords: The Risk of Procedural Errors

While Texas is landlord-friendly, the court system is technical. You can lose an eviction case based on a paperwork error.

  • The Lease is King: A vague or missing lease term often leads to a dismissal of your case. Ensure your lease is comprehensive.
  • Proper Notice: You must prove the tenant received the notice to vacate. Sending it via Certified Mail or posting it on the door (plus sending via text/email if allowed in the lease) is standard evidence.
  • Retaliation is Illegal: You cannot evict a tenant for filing a complaint about code violations or joining a tenant's union. If a tenant files a complaint, the burden of proof shifts to you to show the eviction is not retaliatory.
  • Self-Help Evictions are Illegal: Never change the locks, shut off utilities, or remove a tenant's belongings to force them out. You must go through the court process. Doing otherwise can result in heavy damages against you.

7. Special Warning for Tenants: The Speed of the System

In Texas, the timeline moves fast. If you receive a notice or a citation, do not ignore it.

  • The 5-Day Appeal Window: If you lose an eviction hearing, you generally have only 5 days to appeal the decision. If you miss this deadline, you will likely be physically removed by a constable.
  • Document Everything: If you pay rent in cash, get a receipt. If you report a repair, send it in writing (email/text). Verbal agreements are hard to prove in court.
  • Withholding Rent: Texas law does not explicitly allow tenants to withhold rent for repairs (unlike some other states). Doing so can lead to immediate eviction for non-payment. You must follow the specific legal procedures for repair requests or seek assistance from a local court or attorney.
  • Abandonment: If you move out early without a mutual agreement, you are still liable for the rent until the lease ends or the landlord finds a new tenant (up to a reasonable time).

Not legal advice. Consult an attorney.