Tenant Rights / Texas
Texas Tenant Rights Guide 2026
Security deposit limits, eviction process, habitability laws, and renter protections in Texas. Everything you need to know before you sign.
Deposit max
No statutory cap. Landlord sets deposit amount
Return deadline
30 days after move-out (or 60 days if tenant disputed deductions)
Notice period
1 month for month-to-month (unless lease specifies otherwise)
Penalty for violations
$100 plus 3x deposit plus reasonable attorney fees for bad-faith withholding
Key Tenant Rights in Texas
Right to habitable premises under Texas Property Code
Landlord must repair conditions that materially affect health/safety within 7 days of written request
Right to terminate lease early if landlord fails to repair after proper notice
Retaliation protections. Landlord cannot retaliate within 6 months of protected activity
Right to deduct repair costs from rent after proper notice (up to 1 month rent)
Security Deposit Rules
Maximum allowed: No statutory cap. Landlord sets deposit amount
Return deadline: 30 days after move-out (or 60 days if tenant disputed deductions)
Penalty for violations: $100 plus 3x deposit plus reasonable attorney fees for bad-faith withholding
Eviction Process in Texas
Landlord must provide written notice (typically 3 days). If tenant does not vacate, landlord files a forcible detainer suit in Justice of the Peace court. Hearing usually within 10-21 days. Writ of possession issued if landlord wins.
Rent Control in Texas
Texas law prohibits rent control. No city in Texas may enact rent control ordinances.
Local Tip for Texas Renters
Texas is landlord-friendly with no rent control, but tenant remedies for repair failures are strong. Always send repair requests in writing (email or certified mail). The "repair and deduct" remedy requires two proper written notices.
Common Questions About Texas Tenant Law
What is the security deposit limit in Texas?
No statutory cap. Landlord sets deposit amount
How long does a landlord have to return my deposit in Texas?
30 days after move-out (or 60 days if tenant disputed deductions)
How much notice does a landlord need to give me in Texas?
1 month for month-to-month (unless lease specifies otherwise)
Is there rent control in Texas?
Texas law prohibits rent control. No city in Texas may enact rent control ordinances.
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