Tenant Rights and Responsibilities When Renting in Texas

In Texas, tenants have several key rights including: the right to a habitable living space, the right to proper notice before landlord entry (though Texas doesn't specify exact timeframes), the right to the return of security deposits within 30 days after move-out, protection against retaliation, and the right to repair and deduct in certain situations. The Texas Property Code Chapter 92 outlines these tenant rights in detail.

Texas law doesn't set a maximum limit on security deposits. Landlords can charge any amount they deem necessary, though market competition typically keeps deposits reasonable, often equivalent to one month's rent. The landlord must return your deposit within 30 days after you move out, minus any legitimate deductions for damages beyond normal wear and tear.

For month-to-month tenancies in Texas, either party must provide at least one month's notice to terminate. For fixed-term leases, no notice is required if you're not renewing at the end of the term, unless your lease specifies otherwise. If you break a lease early, you may be liable for the remaining rent, though landlords have a duty to mitigate damages by attempting to re-rent the property.

Texas law doesn't have specific statutes regarding landlord entry, but common law principles apply. Generally, landlords should provide reasonable notice before entering (24 hours is commonly accepted as reasonable). However, in emergencies, landlords may enter without notice. Your lease may contain specific provisions about entry rights, so review it carefully.

In Texas, you must notify your landlord in writing about needed repairs. The landlord generally has 7 days to make repairs that affect health or safety. If repairs aren't made, you may have the right to terminate the lease, repair and deduct from rent, or seek a court order, depending on the situation. For these remedies, you must be current on rent, provide proper notice, and follow specific procedures outlined in Texas Property Code §92.056.

Texas has no rent control laws, so landlords can increase rent by any amount when a lease ends. During a fixed-term lease, rent cannot be increased unless the lease specifically allows it. For month-to-month tenancies, landlords must provide at least one month's notice before implementing a rent increase.

No, self-help evictions are illegal in Texas. Landlords must follow the legal eviction process, which includes providing proper written notice (typically 3 days, but check your lease), filing an eviction lawsuit if you don't vacate, attending a court hearing, and if successful, obtaining a writ of possession. Only a sheriff or constable can physically remove you from the property.

Before signing a lease in Texas: thoroughly inspect the property and document any existing damage; read the entire lease carefully; understand all fees, deposits, and rent payment terms; check if utilities are included; verify the lease duration and renewal terms; understand the maintenance responsibilities; and get all landlord promises in writing. Consider having the lease reviewed by a tenant's rights organization if you have concerns.

To maximize your chances of getting your full security deposit back: provide a forwarding address in writing, clean the property thoroughly, repair any damage you caused, take detailed photos after cleaning, request a walk-through with your landlord if possible, and return all keys. Landlords must return deposits within 30 days and provide an itemized list of any deductions. If they fail to do so, you may be entitled to three times the wrongfully withheld amount plus $100 and attorney's fees.