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State Law Guide

Texas Landlord-Tenant Laws

Investor guide to Texas rental property laws, security deposit rules, eviction process, and Section 8 requirements. Updated April 2026.

★★★★★

Landlord-Friendliness: 5/5 — how we rate states

Legal Disclaimer: This content is for informational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in your state.

Quick Reference

Security Deposit LimitNo statutory limit
Deposit Return Deadline30 days
Notice to Terminate (Month-to-Month)30 days
Notice for Nonpayment3 days (unless lease specifies otherwise)
Rent ControlNone (state preemption)
Landlord-Friendliness★★★★★ (5/5)

Investor Summary

Texas is one of the most landlord-friendly states in the nation, combining strong property rights with a fast eviction process and a favorable tax environment. The state has no rent control—and has preempted local governments from enacting rent stabilization ordinances—no state income tax, and no statutory cap on security deposits. Texas Property Code Chapter 92 governs residential tenancies, while Chapter 24 covers the forcible entry and detainer (eviction) process through justice court.

The eviction process in Texas begins with a 3-day notice to vacate (unless the lease provides for a shorter or longer period), followed by filing a forcible detainer suit in justice court. Hearings are scheduled within 10 to 21 days of filing, and the entire process can be completed in 3 to 5 weeks for uncontested cases. Texas courts are experienced with high eviction volumes, particularly in Houston, Dallas, San Antonio, and Austin. The security deposit return deadline is 30 days, and while there is no cap on the amount, the penalties for wrongful withholding include the full deposit plus $100 in statutory damages, three times the wrongfully withheld amount, and reasonable attorney fees.

For investors, Texas offers enormous scale across multiple thriving metros. Houston, Dallas-Fort Worth, San Antonio, and Austin all have strong population growth, diverse economies, and active Section 8 programs through major PHAs. FMRs are competitive relative to property costs, particularly in Houston and San Antonio. Key statutes include Tex. Prop. Code § 92.101-109 (security deposits), § 92.052 (landlord obligations), and Chapter 24 (eviction). The combination of no state income tax, no rent control, fast evictions, and strong rental demand makes Texas a premier destination for rental property investment.

Texas Law Topics

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Frequently Asked Questions

Does Texas have rent control?

No. Texas has preempted local rent control under Tex. Loc. Gov't Code § 214.902. No city or county in Texas may adopt rent control ordinances. Landlords may set and increase rents freely with proper notice.

How fast can you evict a tenant in Texas?

Texas has one of the fastest eviction processes. After a 3-day notice to vacate, the landlord files in justice court. A hearing is scheduled within 10-21 days. Uncontested evictions can be completed in 3-4 weeks. Contested cases take 4-6 weeks.

Is there a security deposit limit in Texas?

No. Texas has no statutory cap on security deposits. Landlords may charge any amount, though one to two months' rent is standard. The deposit must be returned within 30 days of move-out with an itemized list of deductions.

Is Texas the most landlord-friendly state?

Texas is widely considered one of the top 2-3 most landlord-friendly states, along with Georgia and Indiana. The combination of no rent control, no state income tax, no deposit cap, fast evictions, and state preemption of local regulations creates an exceptionally favorable environment.

What notice is needed to end a month-to-month lease in Texas?

Under Texas Property Code, either party must give at least 30 days' written notice to terminate a month-to-month tenancy, unless the lease specifies a different notice period. The notice runs from the date it is given, not from a rent due date.

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Last verified: April 2026 — Laws change; verify with current statutes before acting.