Statutes, lease requirements, tenant rights, and landlord remedies under Texas law. Updated April 2026.
Texas does not require residential leases to be in writing for tenancies of one year or less. However, oral agreements can lead to disputes, and written leases are standard practice throughout the state. For leases exceeding one year, the Statute of Frauds requires a written agreement. The Texas Apartment Association (TAA) lease form is widely used and covers most statutory requirements.
Texas requires several specific disclosures. Under Tex. Prop. Code § 92.056, the landlord must disclose the name and address of the property manager and the owner. The landlord must also disclose the condition of the smoke detectors (Tex. Prop. Code § 92.255) and provide information about the tenant's right to request security devices (Tex. Prop. Code § 92.153). For properties built before 1978, federal lead-based paint disclosures are required.
Texas lease agreements commonly include provisions for late fees, maintenance responsibilities, pet policies, and security device requirements. Under Tex. Prop. Code § 92.006, the lease may include a provision for attorney fees to the prevailing party. Certain lease terms are prohibited, including provisions that waive the landlord's duty to repair under § 92.052, require the tenant to pay for repairs that are the landlord's responsibility, or waive the tenant's right to be present at a deposition in an eviction case.
Rent is due on the date specified in the rental agreement. If no due date is stated, rent is payable at the beginning of each month. Texas does not provide a statutory grace period, so rent is technically late the day after the due date unless the lease includes a contractual grace period. Many Texas landlords include a 2-3 day grace period in the lease.
Texas has no rent control and has preempted local governments from enacting rent control ordinances under Tex. Loc. Gov't Code § 214.902. Landlords may increase rent by any amount with proper notice. For month-to-month tenancies, the standard notice period is 30 days. For fixed-term leases, rent cannot be increased during the lease term unless the lease specifically allows for it.
Late fees are permitted in Texas and must be specified in the lease. Under Tex. Prop. Code § 92.019, a late fee must be a reasonable estimate of uncertain damages to the landlord resulting from late payment, and the rent must be at least one full day late. The late fee must be included in a written lease. While there is no specific statutory cap, courts evaluate whether the fee is a reasonable estimate of damages. Landlords may also charge fees for returned checks.
Under Tex. Prop. Code § 92.052, the landlord has a duty to make a diligent effort to repair or remedy a condition if the tenant gives notice of the condition and the condition materially affects the physical health or safety of an ordinary tenant. This applies to conditions that are not caused by the tenant, the tenant's family, or the tenant's guests. The landlord must make a diligent effort to repair within a reasonable time after receiving notice.
The landlord's repair duty is triggered when the tenant gives written notice (or oral notice if a written lease does not require written notice) of the condition, the tenant is not delinquent in rent at the time notice is given, and the condition materially affects health or safety. The landlord must make a diligent effort to repair the condition within a reasonable time. If the landlord fails to make a diligent effort, the tenant has several remedies including repair and deduct, lease termination, and a civil action for damages.
Tenants have a duty under the lease to maintain the premises in a clean and sanitary condition, use fixtures and appliances reasonably, not damage the property, and comply with building and housing codes. Under Tex. Prop. Code § 92.052(d), the landlord's repair obligation does not apply if the condition was caused by the tenant, the tenant's family, or an invited guest.
Texas does not have a specific statute governing landlord right of entry. The terms of the lease agreement largely control when and how the landlord may enter the rental unit. Most Texas leases include provisions allowing the landlord to enter at reasonable times with reasonable notice for inspections, repairs, showings, and emergencies. A common standard is 24 hours' advance notice.
In the absence of a specific statutory framework, Texas courts rely on the lease terms and the common law right of quiet enjoyment. Landlords who enter without consent or reasonable notice may be liable for violating the tenant's right to quiet enjoyment, which could support a constructive eviction claim or a claim for damages. Emergency access is always permitted when there is an immediate threat to life or property.
Because Texas relies on the lease rather than statute for entry rules, landlords should include clear and specific entry provisions in every lease agreement. The provision should specify the notice period (typically 24 hours), the hours during which entry is permitted, the permissible purposes for entry, and the right to enter without notice in emergencies. This protects both parties and provides enforceable standards.
Texas tenants have the right to a habitable dwelling under Tex. Prop. Code § 92.052. If the landlord fails to make a diligent effort to repair conditions that materially affect health or safety, the tenant may take several actions: terminate the lease, have the condition repaired and deduct the cost from rent (repair and deduct), or file a civil action for damages. The repair and deduct remedy requires prior written notice and specific conditions under § 92.0561.
Tenants have the right to security devices under Tex. Prop. Code § 92.153, including door locks, window latches, sliding door pin locks, and peepholes. The landlord must provide these devices and maintain them in good working order. The tenant may request additional security devices at the landlord's expense, and the landlord must install them within a reasonable time.
Texas tenants are protected from retaliation under Tex. Prop. Code § 92.331. A landlord may not retaliate against a tenant who exercises a right or remedy under the lease or the law, complains to a governmental entity about building or housing code violations, or participates in a tenant organization. Retaliatory actions include rent increases, service reductions, and eviction filings within 6 months of the tenant's protected activity. The tenant may recover a civil penalty of one month's rent plus $500, actual damages, court costs, and attorney fees for retaliatory actions.
For nonpayment of rent, the landlord must give a 3-day written notice to vacate under Tex. Prop. Code § 24.005, unless the lease specifies a shorter or longer notice period. Many Texas leases specify a 1-day notice period, which is enforceable if the tenant agreed to it. The notice must be delivered in person, by mail, or by posting on the inside of the main entry door if other methods fail.
After the notice period expires, the landlord files a forcible detainer suit in justice court. Under Tex. Prop. Code § 24.005, the court must not schedule the hearing sooner than 10 days or later than 21 days after the petition is filed. Both parties present evidence at the hearing. If the landlord prevails, the court issues a judgment for possession. The tenant may appeal to county court within 5 days.
Texas prohibits self-help evictions. Under Tex. Prop. Code § 92.0081, a landlord may not change locks, interrupt utilities (except in limited circumstances for repairs), or remove a tenant's property as a means of eviction. However, Texas has a unique provision allowing a landlord to change locks for nonpayment of rent (Tex. Prop. Code § 92.0081(b)) if the lease authorizes it and the landlord provides a key to the tenant within 2 hours of the tenant's request during the landlord's regular business hours. This is not an eviction but a rent enforcement mechanism.
Yes. Under Tex. Prop. Code § 24.005, the lease may specify a notice period shorter or longer than the default 3 days. A 1-day notice is enforceable if the tenant agreed to it in a written lease. Many Texas landlords use this provision to accelerate the eviction timeline.
Under limited circumstances, yes. Tex. Prop. Code § 92.0081(b) allows a landlord to change locks for nonpayment if the lease authorizes it, but the landlord must provide a key within 2 hours of the tenant's request during regular business hours. This is a rent enforcement tool, not an eviction.
Landlords must disclose the manager and owner name/address (§ 92.056), smoke detector condition (§ 92.255), and security device information (§ 92.153). Lead-based paint disclosures are required for pre-1978 properties. Flood history disclosure may also be required.
Yes, under specific conditions. Under Tex. Prop. Code § 92.0561, the tenant must give written notice, the landlord must fail to repair within a reasonable time, the condition materially affects health or safety, and the tenant must not be delinquent in rent. The deduction cannot exceed one month's rent.
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