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State Landlord-Tenant Laws For Texas


The Overview

“Friendship


  • Not required, but highly recommended.
  • Must return the deposit with 30 days of the lease ending.
  • Itemized receipt must be provided for any deposit that is kept.

  • Not required, but highly recommended.
  • Must return the deposit with 30 days of the lease ending.
  • Itemized receipt must be provided for any deposit that is kept.

  • Rental agreements are required for tenancies of 12 months or longer.
  • Recommended for all tenancies.
  • The landlord is required to provide the tenant with a copy of the rental agreement three days after the agreement has been finalized.
  • Rental agreements are required for tenancies of 12 months or longer.
  • Recommended for all tenancies.
  • The landlord is required to provide the tenant with a copy of the rental agreement three days after the agreement has been finalized.

  • Landlords may, but are not legally required to, charge a late rent fee.
  • Any late fees must be written in the rental agreement.
  • The legal grace period in Texas is one day.

  • Landlords may, but are not legally required to, charge a late rent fee.
  • Any late fees must be written in the rental agreement.
  • The legal grace period in Texas is one day.


  • Required Notice Before Entry: No Statute. At least 24 hours recommended.
  • Notice to Terminate an Annual Lease: at least 1 month
  • Notice to Terminate a Month to Month Lease: at least 1 month but tenant and landlord can make agreements in writing that differ from this.
  • Required Notice Before Entry: No Statute. At least 24 hours recommended.
  • Notice to Terminate an Annual Lease: at least 1 month
  • Notice to Terminate a Month to Month Lease: at least 1 month but tenant and landlord can make agreements in writing that differ from this.

  • No statute.
  • No statute.

  • No statute.
  • No statute.

  • No statute.
  • No statute.

  • Landlords are required to change the locks before a new tenant moves in if the keys are lost or stolen.
  • Landlords must rekey at the tenant’s expense if requested by the tenant.
  • Landlords are required to change the locks before a new tenant moves in if the keys are lost or stolen.
    Landlords must rekey at the tenant’s expense if requested by the tenant.

State Motto: Friendship


Texas State Laws Navigation



1. Texas Security Deposit Laws

Security Deposit Laws Summary

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits and Additional Fees: No statute
  • Deadline for Returning Security Deposit: 30 days
  • Require Written Description / Itemized List of Damages and Charges: Yes
  • Record Keeping of Deposit Withholdings: No statute

Texas Security Deposit Limit and Return

Texas state law does not put a limit on the amount that landlords can charge as a deposit. If a landlord does collect a deposit, which is recommended, they must then return it to the tenant, minus any deductions, within 30 days of the tenancy ending.

If a landlord makes any deductions from the deposit for damages or unpaid rent they must supply a written itemized list of any damages and the approximate cost of repair to the tenant, along with the balance of the tenant’s security deposit. (Tex. Prop. Code Ann. § 92.104.)

Subsequently, the landlord is required to fix any such repairs within 30 days. The landlord may not retain any portion of a security deposit to cover normal wear and tear.

Texas law specifically requires landlords to “keep accurate records of all security deposits,” but doesn’t elaborate on what that means. (Tex. Prop. Code Ann. § 92.106.)

For more information, see Texas Security Deposit Limits and Deadlines and review Texas’ security deposit laws codified in the Texas Property Code, sections 92.101 through 92.110.

While there is no limit on the amount of deposit you can charge, the typical amount is equal to one month’s rent.

Do landlords have to pay interest on security deposits in Texas?

Landlords are not required to place deposits in an interest-bearing account nor are they required to pay interest on deposits.

If the landlord does choose to place the security deposit in an interest-bearing account any interest earned will be paid to the landlord or landlord’s representative.

When Can a Landlord Withhold Security Deposit In Texas?

The security deposit is designed to compensate landlords for property damage or nonpayment of rent. As such, landlords in Texas can withhold part or all of the deposit for the following two reasons:

  1. If the tenant has unpaid rent at the end of the tenancy the landlord can deduct it from the deposit so long as there is no controversy around this unpaid rent. (For example, if the tenant withheld rent because the landlord refused to maintain the property.)
  2. If the tenant damaged the property beyond what is fairly deemed wear and tear then the landlord can deduct the cost of the repairs from the tenants’ deposit to repair these damages.

Can landlords commingle security deposits with other funds?

In Texas, landlords are free to store the security with other assets – otherwise known as commingling assets.

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2. Texas Rental Agreement Laws

Renta Agreement Laws Summary

  • Rent Increase Notice: No Statute
  • Late Fees: Reasonable amount allowed
  • Returned Check Fees: No statute
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No Statute
  • Tenant Allowed to Repair and Deduct Rent: Yes, but not more than 1 month’s rent or $500. Tenant must give prior notice to Landlord.
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes
  • Termination due to Public Indecency: Immediate
  • Subletting: Prohibited without prior consent
  • Landlord Must Make a Reasonable Attempt to Rerent if Tenant Vacates: Yes

In Texas written rental agreements are required by law for tenancies that are longer than 12 months. However, even for tenancies that are shorter, it is advisable to have a written contract for added legal security.

If a rental agreement is signed then landlords must supply the tenant with the finalized version signed by both parties within 3 days after the agreement has been finalized.

Laws Regarding Applicant Selection

Landlords can only use certain criteria when deciding which tenant applicant to select as pursuant to the Texas Property Code §92.3515 and the Fair Credit Reporting Act, 15 U.S.C.A., Section 1681, Chapter 41

These deciding factors are as follows:

  • Criminal History: Landlords may run a criminal history check on each applicant over the age of 18 who will be residing in the property and this may influence the landlord’s decision.
  • Previous Rental History: Landlords may also verify previous rental history.
  • Current Income: Landlords can cask for and verify current income and they may make sufficiency of income a deciding factor when determining the suitability of a tenant.
  • Credit History: The landlord may use a Credit Reporting Agency report (credit report) to verify credit history and base their decision on the information gained through this report.
  • Failure to Provide Accurate Information in Application: Providing inaccurate or false information on an application may be considered by the landlord when making their final decision.

The following items are examples of what may provide sufficient grounds to decline an applicant(s) and household members:

  • Any open bankruptcy which has not been discharged
  • A negative or incomplete rental reference
  • Any collection filed by a property management company
  • Any eviction or unlawful detainer action
  • Any conviction of, or reasonable cause to believe, that any illegal drug is currently being used and/or has in the past been used, possessed, or sold by any household member
  • Any household member that is a registered or unregistered sex offender
  • Two or more charges for domestic violence or charges that are domestic violence-related, and/or two or more petitions filed against an applicant for orders of protection
  • Reasonable likelihood to believe that a household member’s abuse or pattern of abuse of alcohol interferes with the health, safety, or right to peaceful enjoyment of the resident community
  • Reasonable likelihood to believe that a household member’s illegal use or pattern of illegal use of a drug may interfere with health, safety, or right of peaceful enjoyment of the residential community
  • Reasonable likelihood that the applicant will be unwilling or unable to pay rent
  • Reasonable likelihood that the applicant or those acting under his or her control will interfere with the health, safety, security, or the right of peaceful enjoyment of the residential community
  • Reasonable likelihood that the applicant or those acting under his or her control will cause intentional damage or destruction to the property or surrounding premises
    All applicants must have a legal and verifiable social security number
  • Other: The landlord is entitled to include any other such criteria pertinent to the property which must be disclosed.

General Lease Provisions

According to Texas law, the following items are required on the lease document:

  • The names of all individuals involved including both the landlords and the tenants’.
  • A description of the property
    The address

The terms of the agreement should be clearly stated and tenants living in a residential unit in the state must be at least 18 years of age to occupy the unit.

Rental Agreement Notice Requirements

Notice to terminate or change a month-to-month lease agreement: The landlord must provide 30 days’ notice to tenants when there are changes to the lease including a rent increase.

Notice to terminate a fixed term/ annual lease: Landlords must provide at least one month’s notice of their desire to terminate the tenancy.

If there isn’t a written tenancy agreement the landlord must notice equal to the rent interval period. For example, if the rent is paid monthly the landlord must provide a month’s notice to terminate the tenancy, if the rent is paid weekly then they must provide at least a week’s worth of notice.

Rental Payment Laws in Texas

Landlords are required to provide a rent receipt if the tenant pays in cash. However, using a system like Landlord Studio it is easy to provide a rent receipt for all payments and is a good way to ensure thorough and accurate records are kept.

Late Fees Laws in Texas

Late fees are not a legal requirement in Texas. Many landlords though do charge a late fee either based on a fixed dollar amount or as a percentage of the rent amount. In order for the landlord to charge a late fee, it must be written into the rental agreement.

According to the Texas Property Code §92.109, the late fee must be a “reasonable estimate of uncertain damages to the landlord that is incapable of precise calculation and result from late payment of rent. The late fee must be based on some damage to the landlord.”
This suggests that late fees should not be too large otherwise they may not be honored if a tenant challenges them in court.

Texas Grace Period Law

In Texas, there is a legal grace period of 1 day. Any rent paid after this period is late and a late fee can be added.

Landlords will typically offer a grace period outlined in the lease agreement of 1 day or more. By including this detail in the rental agreement landlords can be assured their tenants are aware of the exact date the late fee will be added.

If a tenant fails to pay rent after the grace period the landlord can declare the tenant in default under the lease agreement. If the rent remains unpaid the landlord must wait 3 more days before giving the tenant a “pay or quit notice”.

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3. Texas Notices, Entry, and Evictions

  • Notice to Terminate a Lease – Yearly Lease: at least 1 month
  • Notice to Terminate a Lease – Month-to-Month: at least 1 month but tenant and landlord can make agreements in writing that differ from this.
  • Notice of date/time of Move-Out Inspection: No statute
  • Eviction Notice for Nonpayment: 3 days to pay or move-out – Landlord can file for eviction 3 days after the notice is received.
  • Eviction Notice for Lease Violation: No Statute
  • Required Notice before Entry: No Statute
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No Statute
  • Entry Allowed During Tenant’s Extended Absence: No Statute
  • Notice to Tenants for Pesticide Use: No Statute
  • Emergency Entry Allowed without Notice: No Statute

Evictions

An eviction is a legal process through which a landlord can remove a tenant from their property. In Texas, evictions are also known as “forcible entry and detainer” or “forcible detainer” suits.

To evict due to non-payment of rent, the most common cause, the landlord must provide a notice to pay or quit 3 days after the rent is due. After this, the tenant has 3 days to either resolve the issue or leave.

Landlords can refuse to renew a lease at any time and for any reason so long as they do not discriminate against the protected classes, violate Fair Housing laws, or are seen as retaliating which would be in violation of the Texas Property Code.

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Texas Laws on Retaliation

A landlord will be seen to have retaliated if they terminate the lease, attempt to evict a tenant, deprive the tenant of the use of the premises, decrease certain services to a tenant, or increase the rent because a tenant tries to exercise his statutorily protected rights.

There are specific rules that protect tenants from retaliation in these scenarios. The most notable law is, should the landlord take adverse action against a tenant within six months of the tenant’s action it is presumed that they have retaliated.

If a landlord does engage in activity that constitutes unlawful retaliation, the tenant may seek a judgment against the landlord for:

  • One month’s rent, plus $500
  • Reasonable costs to move to another place (if you were forced out)
  • Attorney’s fees and court costs.

It is important to remember that for the landlord to win, they will need to prove that their actions were not in any way retaliatory.

There are some scenarios that would justify the adverse action and as such their conduct would not be deemed retaliation. Examples of these scenarios include but are not limited to:

  • Tenant nonpayment of rent
  • The tenant intentionally causes damage to the property or premises
  • The tenant threatens the personal safety of the landlord or someone in their employ.
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4. Texas Landlord / Tenant Duties and Rights

  • Landlord must identify, in writing, the name and address of the property owner.
  • Landlord must identify, in writing, the name and address of the property manager.
  • Landlord can remove personal property of a tenant who has abandoned the property 30 days after sending postmarked certified notice, and if no one has claimed the items. (Sec. 92.014.5)
  • Landlord must inform the Tenant, in writing, that they have the right to “Repair and deduct or the option to terminate the lease”, if the Landlord fails to make repairs that directly affect the health or safety of an ordinary tenant.
  • Landlord must inform the Tenant, in writing, that they may break a lease early in special circumstances involving sexual assault, sexual abuse, or domestic violence.
  • Landlords can require tenants to provide proof of domestic violence status before releasing tenants from a lease.

Texas Laws on Repairs: Tenant’s Right and Landlord Duties

If the condition of the property is deemed a threat to the renting occupants health or safety they have the right to have this repaired by the landlord under the Texas Property Code.

Subchapter B of Ch. 92 (specifically §92.051 – §92.061) details the exact process that the tenant must follow in order to request and enforce their right to repair. It also provides details for remedies and recourses for the tenant if the landlord fails to repair within the 7 days required notice period (landlords have 7 days to make the repair after the tenant provides notice of the issue).

The rental agreement must contain language (either in bold or underlined) that informs the tenant of the remedies available should the landlord fault to make the repair within the required time period.

Examples of conditions that are a threat to health or safety include:

  • Plumbing stoppages
  • Failure to provide air conditioning
    • Texas law does not require landlords to provide air conditioning, but providing this service is a reasonable remedy to fix a temperature situation that is endangering a tenant’s health and safety.
  • Lack of hot water
  • Electrical shorts
  • Leaking roofs or ceilings
  • Rodent or bedbug infestations

If the landlord fails to take necessary action, then the legal remedies that the tenants can legally take include:

  • Terminate the lease and move
  • File suit to obtain damages and an order requiring the landlord to fix the problem
  • Have the problem repaired and deduct the cost from the rent
  • Notify the city code inspector about the problem
  • Fix the problem yourself
  • Live with it until your lease expires

The one exception to this rule pursuant to the Property Code, is in the scenario that the damages were caused by the tenant, household members, or guests. If this is the case, then the landlord is not responsible for the repairs even if they are a threat to the tenants health or safety.

If you wish to notify your landlord of a necessary repair on the premises, check out this Texas demand form.

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5. New Jersey Disclosures and Miscellaneous Notes

Texas Laws on Domestic Violence and Sexual Assault

As in most states, in Texas, the law affords special protection to victims of domestic violence. Landlords should not evict, threaten to evict or fail to renew a lease because a tenant has been a victim of domestic violence, sexual assault, or abuse.

Additionally, landlords must inform their tenants, in writing, that they may be allowed to break the lease early under certain circumstances involving domestic abuse or sexual assault. Should a tenant seek to break the lease early under these grounds landlords can require proof before releasing them from the lease, such as a police report.

On a final note, in the scenario, the rental agreement cannot prohibit the tenant from calling the police in the event of a domestic violence situation or otherwise penalize a domestic violence victim.

Texas Laws on Changing the Locks and Security Devices

In Texas, landlords are only required to change the locks before a new tenant moves in if the keys are lost or stolen. The landlord must rekey at the tenant’s expense if requested by the tenant. The tenant can make an unlimited amount of requests. The Texas Property Code allows requests to be made orally unless a written lease states otherwise in underlined or bolded print.

Both residential and commercial landlords in Texas are required to provide certain security devices on the leased premises, including a deadbolt lock, pin lock, security bar lock, and window latch. Moreover, a landlord must rekey any security device operated by a key, card, or combination on an exterior door or window at the landlord’s expense no later than the seventh day after each tenant vacates the premises. If the landlord wants tenant requests concerning security devices to be in writing, then this request must be in the rental agreement in boldface type or underlined. Chapter 92, Subchapter D of the Texas Property Code details the laws on security devices further.

If a landlord fails to install a security device that is required without a tenant request or if the landlord fails to rekey within seven days after a tenant turnover, a tenant can do one or more of the following:

  • Install or rekey the lock themselves and deduct the reasonable cost of repair from the next rent payment
  • Send a written request to the landlord and if the landlord does not comply (either on or before the third day after it is received), the tenant may unilaterally terminate the lease
  • File suit against the landlord and obtain a judgment directing the landlord to comply
  • Send a written request to the landlord and, if no response, file a suit and obtain a judgment

To see more on security and lock laws in Texas,read here.

Pet Laws for Texas Rentals

Texas does not have any specific pet laws. Landlords are allowed to create their own requirements for pets, most notably, they can decide if pets are allowed, what size is allowed, etc.

Under Texas law and the federal Americans with Disabilities Act (ADA), people with disabilities may bring their service animals to all public accommodations, such as government buildings, hotels, restaurants, stadiums, and stores. These laws also require those who operate transportation services to allow service animals. Both laws protect people in Texas who use service animals, and you are entitled to rely on whichever law gives you the most protection.

If a tenant has a service animal, he or she can give the landlord a ‘no pets’ waiver request. Landlords have the right to deny this request if allowing the pet causes the landlord financial or administrative burden. But it is very rare for a landlord to deny a service animal.

Finally, landlords are allowed to charge a pet deposit and additional pet rent if they choose.

Required Texas Rental Agreement Disclosures

There are three required lease disclosures in Texas:

Lead Paint Disclosure: Federal law requires landlords to disclose known information on lead-based paint and lead-based paint hazards before the lease takes effect. Additionally, under state law, landlords must provide this EPA-approved information pamphlet and fill out the following form.

Owner or Agent Identity: The landlord is responsible for disclosing, either in the lease or some other writing, the name and address(s) of the property owner. If there is another entity that is primarily responsible for the maintenance or upkeep of the property, their contact information (name and street address) should also be included in the lease or in writing in a separate document.

Utility Disclosure: A landlord who has agreed in the lease to provide and pay for water, gas, or electric service is liable to the tenant if the utility company has cut off utility service to the tenant or has given written notice to the tenant that such utility service is about to be cut off because of the landlord has failed to pay the utility bill.

Please note that the following two disclosures are only required in specific circumstances:

Landlord’s towing or parking rules and policies: For tenants in multi-unit dwellings, if the landlord has vehicle towing or parking rules or policies that apply to the tenant, the landlord is required to provide the tenant a copy of the rules or policies before the rental agreement is signed. The copy must be signed by the tenant, included in the lease or rental agreement. The clause must be underlined, capitalized, or in bold print.

Electric service interruption: If the landlord provides electric service, or master-metered electricity according to a prorated system, the landlord may interrupt the tenant’s electricity service if the tenant fails to pay the bill. However, the landlord can only stop service after notice has been given and according to a specific procedure. There are exceptions for ill tenants and during extreme weather.

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6. Oft-Cited Texas Landlord Tenant Laws

Below, you will find references to areas of the Texas Property Code that govern rental properties and issues related to landlord-tenant law.

Texas Property Code Ch. 91: highlights provisions generally applicable to landlord and tenants

  • §91.001. Notice for terminating tenancies
    • Requisite notice provisions required for terminating tenancies (month-to-month, year-to-year, etc.)
  • §91.004. Landlord’s breach of lease or lien
    • Tenant’s rights if the landlord breaches the rental agreement and the implementation of a lien on the landlord’s property in order to secure damages for the tenant
  • §91. 005 Subletting prohibited
    • Landlord’s prohibition on subletting the premises without their prior consent
  • §91.006. Landlord’s duty to mitigate damages
    • Landlord’s duty to mitigate damages if the tenant abandons the leased premises in violation of the lease

Texas Property Code Ch. 92: outlines laws relating to residential tenancies in Texas

Subchapter A: General Provisions

    • §92.001. Definitions
      • Definitions applicable to residential tenancies under Texas law.
    • §92.003. Landlord’s agent for service of process
      • Appropriate and authorized agents of the landlord who may be served notice if tenant brings a lawsuit.
    • §92.004. Harassment
      • Penalties to be enforced against either party (landlord or tenant) if either party engages in harassing behavior.
    • §92.003. Waiver or expansion of duties and remedies
      • Landlord’s duty and/or tenant’s remedy concerning security deposits, security devices, landlord’s disclosure of ownership and management, or utility cutoffs and whether those may be waived or expanded.
    • §92.008. Interruption of utilities
      • Landlord is prohibited from interrupting a utility service paid by the utility company unless the interruption is the result of an emergency, repair, or construction. It also discusses tenant’s remedies if landlord violates this provision.
    • §92.0081. Removal of Property and Exclusion of Residential Tenant
      • Landlord has a right to remove certain property on the premises in certain situations and consequently, the landlord is also prohibited from removing said property. Explanation of circumstances where the landlord may exclude the tenant from the premises.
    • §92.009 Residential Tenant’s Right of Re-entry After Unlawful Lockout
      • Residential tenant’s options when they have been unlawfully restricted access to the premises.
    • §92.103. Notice of Rule or Policy Change Affecting Tenant’s Personal Property
      • Required notice that landlords must give when they are changing a rule or policy (outside of the lease) that will affect tenants’ personal property.
    • §92.016. Right to Vacate and Avoid Liability Following Family Violence
      • This subsection highlights the tenant’s legal right to vacate the premises and avoid liability whereby when there has been either an incident or ongoing pattern of incidents with regards to family violence.

Subchapter B: Repair or Closing of Leasehold

    • §92.052. Landlord’s Duty to Repair or Remedy
      • Landlord has an ongoing duty to repair and/or remedy specified conditions relating to the maintenance of the leased premises.
    • §92.056. Landlord Liability and Tenant Remedies; Notice and Time for Repair
      • Tenants have certain available remedies when the landlord is in breach of the lease agreement and or the notice guidelines. Landlords have seven days after the tenant’s notice to repair the problem.
    • §92.0561. Tenant’s Repair and Deduct Remedies
      • There is a maximum amount the tenant can “repair and deduct” from rent, in the case, and capped amount, if and when the tenant repairs a condition affecting the habitability of the premises and subsequently deducts the cost of repair from rent.
    • §92.0563. Tenant’s Judicial Remedies
      • Tenant has certain judicial remedies if the landlord fails to repair or remedy the condition.
    • §92.058 Landlord Remedy for Tenant Violation
      • Landlord has certain available remedies when the tenant is in breach of or violated the terms of the lease.

Subchapter C: Security Deposits

    • §92.102. Security Deposits Definition.
    • §92.103. Obligation to Refund
      • Landlord is required to refund the tenant’s security deposit at the expiration of the lease term.
    • §92.104. Retention of Security Deposit
      • In certain situations, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any part of the security deposit to cover normal wear and tear.
    • §92.105. Cessation of Owner’s Interest
      • If the owner’s interest in the premises is terminated by sale, transfer, assignment, death, bankruptcy, or otherwise, the owner is liable for the return of the security deposits to the tenants.
    • §92.108. Liability for Withholding Last Month’s Rent
      • Tenant may not withhold rent payment of any portion of last month’s rent on grounds that the security deposit is security designed to cover for said unpaid rent.
    • §92.109. Liability of Landlord
      • Landlord is liable to the tenant if they decide to retain the security deposit.

Subchapter D: Security Devices

    • §92.151. Definitions
      • Definitions of the relevant security devices under Texas law.
    • §92.153. Security Devices Required Without Necessity of Tenant’s Request
      • Landlord is required to provide certain security devices to the tenant on the leased premises.
    • §92.156. Rekeying or Change of Security Devices
      • In certain situations, the landlord is required to rekey the premises or change certain security devices.
    • §92.158. Landlord’s Duty to Repair or Replace Security
      • Landlord is responsible for replacing and repairing certain locks or security.
    • §92.159. When Tenant’s Request or Notice Must Be In Writing
      • Tenant’s request to repair or request for a new security device must be in writing.
    • §92.161. Compliance With Tenant Request Required Within Reasonable Time
      • Landlord must comply with the tenant’s request for rekeying, changing, installing, repairing or replacing a security device (which is typically no later than 7 days after the landlord receives the request).
    • §92.162. Payment of Charges; Limits on Amount Charged
      • Landlord may require the tenant to pay for the repair or replacement of a security device, and the landlord is prohibited from requiring the tenant to pay for the repair or replacement of a security device.
    • §92.164. Tenant Remedies For Landlord’s Failure To Install Or Rekey Certain Security Devices
      • Tenant has certain remedies when the landlord fails to install or rekey certain security devices on the leased premises.
    • §92.1641. Landlord’s Defenses Relating to Rekeying or Reinstalling Certain Security Devices
      • Landlord has certain defences in circumstances where they fail to rekey or reinstall certain security devices.

Subchapter E: Disclosure of Ownership And Management

    • §92.021. Disclosure of Ownership and Management
      • Landlord is required to disclose certain information to the tenant regarding ownership and management of the leased premises.
    • §92.202. Landlord’s Failure to Disclose Information
      • Tenant has certain remedies if the landlord fails to disclose certain information regarding ownership and management of the leased premises.

Subchapter H: Retaliation

    • §92.331. Retaliation By Landlord
      • Landlord may not retaliate against the tenant.
    • §92.332. Non Retaliation
      • Under certain circumstances, the landlord is not liable for retaliating against the tenant.
    • §92.202. Tenant Remedies
      • Tenant has certain remedies when landlord retaliates.

Texas Property Code Ch. 93: Commercial Tenancies

  • §93.002. Interruption of Utilities, Removal of Property, and Exclusion of Commercial Tenant
    • Landlord may not interrupt or cause the interruption of utility service, remove certain of the tenant’s personal property or unlawfully exclude the tenant from the leased premises, except in certain instances.
  • §93.003. Commercial Tenant’s Right of Reentry After Unlawful Lockout
    • Tenant has a right to re-enter after the tenant has been unlawfully excluded and/or locked out of the leased premises.
  • §93.005. Obligation to Refund Security Deposit
    • Commercial landlord has an obligation to refund the tenant’s security deposit.
  • §93.006. Retention of Security Deposit; Accounting
    • Before returning a security deposit, a commercial landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Further, under this section, the landlord may not retain any part of the security deposit to cover normal wear and tear.
  • §93.010. Liability for Withholding Last Month’s Rent
    • A commercial tenant may not withhold rent payment of any portion of last month’s rent on grounds that the security deposit is security for said unpaid rent.

Texas Property Code Ch. 94: Manufactured Homes

Chapter 94 of the Texas Property Code highlights state-specific rules and regulations with regards to manufactured homes. Click on the link for more information.

Texas Property Code Ch. 24: Forcible Entry and Detainer (Discusses Evictions)

  • §24.001. Forcible Entry and Detainer: Definition.
  • §24.002. States when an individual is guilty of forcible detainer.
  • §24.005. Notice to Vacate Prior to Filing Eviction Suit. Discusses the landlord’s required notice to the tenant if the tenant defaults or holds over beyond the rental term before the landlord can file a suit to evict the tenant from the leased premises.

Texas Property Code Ch. 54: Exempt Property and Liens

  • Subchapter A: Agricultural Landlord’s Liens
    • §54.001. Definition of an agricultural lien.
    • §54.002. Situations where property to which a lien is permitted to attach.
    • §54.003. Exceptions where a lien does not attach.
    • §54.004. Duration of Lien
  • Subchapter B: Building Landlord’s Liens
  • Subchapter C: Residential Landlord’s Liens

Texas State Constitution and Statutes

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This article is designed to convey information, and not to provide legal advice. You should not consider any information in this article to be legal advice. Readers should consider obtaining specific legal advice from an attorney for any decision or course of action contemplated.

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