Landlord Rules in Texas: Renting Out Property (2026)
Reviewed by DocDraft Legal Team · Texas · Last updated 2026-05-18
Renting out residential property in Texas runs on Texas's own landlord-tenant code, not a generic national framework. Two anchors set the tone: the security-deposit return deadline (on or before the 30th day after the date the tenant surrenders the premises) and the entry-notice rule (No state-level statute. Governed by the lease agreement and common law.). This guide walks the Texas-specific registration, disclosure, deposit, entry, termination, eviction, and fair-housing rules a landlord needs.
Key Considerations
The eviction sequence in Texas starts with statutory notice and ends in court. 3 days Outside that sequence, fair-housing law applies to advertising, screening, terms, and termination. The complaint URL is
Two notice obligations bind a Texas landlord during the tenancy itself. Non-emergency entry is gated by a minimum notice. No state-level statute. Governed by the lease agreement and common law. Month-to-month termination is gated by a separate, longer notice. one month
The Texas landlord stack begins with the registration question and the deposit framework. On registration: No state-level statute. Governed by municipal ordinance as applicable. On the deposit cap itself: No state-level statute. Governed by common law / municipal ordinance / case law as applicable. On the return clock: on or before the 30th day after the date the tenant surrenders the premises
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Relevant Documents
Documents a Texas landlord typically uses include a state-specific residential lease, the state's required disclosure attachments, an entry-notice form keyed to the statute, a deposit-itemization form matching the return deadline, and the pre-suit eviction notice format the state requires.
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Texas Property Code Chapter 92 - Residential Tenancies
This is the primary law governing landlord-tenant relationships in Texas. It covers essential aspects of renting residential property including security deposits, repairs, lease agreements, and eviction procedures. As a landlord in Texas, you must comply with these regulations which establish your rights and responsibilities.
Security Deposit Requirements (Texas Property Code § 92.101-92.109)
Texas law does not limit how much you can charge for a security deposit, but requires you to return it within 30 days after the tenant moves out. You must provide an itemized list of deductions if you withhold any portion of the deposit. Failure to comply can result in penalties including being liable for three times the wrongfully withheld amount plus attorney's fees.
Repair and Habitability Requirements (Texas Property Code § 92.051-92.061)
As a Texas landlord, you must keep the rental property habitable and promptly make repairs that affect health and safety. Tenants must provide written notice of needed repairs, and you generally have 7 days to respond. For certain conditions that threaten health or safety, the response time may be shorter. Failure to make timely repairs can result in penalties.
Fair Housing Act (Federal Law)
This federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. As a Texas landlord, you must comply with these anti-discrimination provisions when advertising your property, selecting tenants, and throughout the landlord-tenant relationship.
Texas Fair Housing Act (Texas Property Code Chapter 301)
Texas state law also prohibits housing discrimination and works in conjunction with federal fair housing laws. The Texas Fair Housing Act is enforced by the Texas Workforce Commission and provides similar protections against discrimination in housing.
Eviction Procedures (Texas Property Code Chapter 24)
Texas has specific legal procedures for evicting tenants that must be strictly followed. You must provide proper notice (typically 3 days unless the lease specifies otherwise), file an eviction suit in justice court, and obtain a judgment before removing a tenant. Self-help evictions (changing locks, removing belongings, etc.) are illegal and can result in liability.
Smoke Alarm and Carbon Monoxide Detector Requirements (Texas Property Code § 92.251-92.2611)
Texas law requires landlords to install smoke alarms in specific locations in rental properties. For properties built after 1993 or with certain fuel-burning appliances or attached garages, carbon monoxide alarms may also be required. These safety devices must be in good working order at the beginning of a tenancy.
Lead-Based Paint Disclosure (Federal Law)
For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint hazards before leases take effect. You must provide tenants with an EPA-approved information pamphlet and include specific disclosure language in leases.
Regional Variances
Major Metropolitan Areas
Austin has additional tenant protections including a required 'Notice of Tenant Rights' with eviction notices. The city also has specific ordinances requiring landlords to provide functioning AC and has stricter repair timelines than state law. Additionally, Austin enforces source-of-income protection for housing vouchers in most cases, which is not required statewide.
Dallas requires landlords to register rental properties with the city and pay annual fees. The city has a 'Right to Lease' ordinance prohibiting discrimination based on source of income for housing vouchers, criminal history (with limitations), and requires minimum lease terms in certain situations. Dallas also has enhanced code enforcement for rental properties.
Houston has fewer local rental regulations than other major Texas cities, generally following state law. However, Houston does have specific flood disclosure requirements due to hurricane and flooding risks. The city also has a Fair Housing Ordinance that prohibits discrimination based on categories not covered by state law, including sexual orientation and gender identity.
San Antonio requires rental property registration for properties with multiple code violations. The city has enacted a 'Risk Mitigation Policy' that provides relocation assistance for displaced tenants in certain circumstances. San Antonio also has enhanced protections against discrimination based on source of income for veterans.
Border Regions
El Paso has unique rental regulations due to its border location, including additional documentation requirements for international tenants. The city has enacted ordinances requiring landlords to provide information about tenant rights in both English and Spanish. El Paso also has specific water conservation requirements for rental properties.
Laredo has special rental housing codes related to international commerce and cross-border employment. Landlords must provide specific disclosures regarding international tenant rights. The city also has enhanced health and safety requirements for rental properties due to its location and climate.
Coastal Areas
Galveston has special requirements for rental properties related to hurricane and flood risks. Landlords must provide specific disclosures about flood zones, evacuation routes, and insurance requirements. Short-term vacation rentals in Galveston are subject to additional registration, taxation, and operational requirements not found in other parts of Texas.
Corpus Christi has additional requirements for rental properties in flood-prone areas, including specific disclosure requirements. The city has enacted ordinances requiring landlords to maintain properties to withstand coastal weather conditions. Short-term rentals in certain zones require special permits and are subject to hotel occupancy taxes.
College Towns
College Station has specific ordinances addressing student housing, including occupancy limits (no more than 4 unrelated persons per household in most zones). The city has noise ordinances that are strictly enforced in areas with high student populations. Landlords must register rental properties and comply with additional inspection requirements.
Denton has enacted ordinances specifically addressing student housing near the University of North Texas and Texas Woman's University. The city limits occupancy to 3 unrelated individuals in single-family zoned areas. Denton also has enhanced code enforcement for rental properties in neighborhoods with high student populations.
Suggested Compliance Checklist
Resolve the registration question before advertising the unit
Before listing days after startingNo state-level statute. Governed by municipal ordinance as applicable.
Cap the security deposit at the statutory limit and document how it is held
Before signing days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable.
Deliver every required pre-lease disclosure in writing
At lease signing days after startingTex. Prop. Code § 92.201, § 92.056, § 92.255
Honor the entry-notice rule for every non-emergency visit
Ongoing days after startingNo state-level statute. Governed by the lease agreement and common law.
Serve the statutory periodic-tenancy termination notice in writing
As needed days after startingone month
Treat eviction as a strict statutory process, not a self-help action
At move-out days after starting3 days
Return the security deposit and the itemized statement inside the statutory window
If eviction needed days after startingon or before the 30th day after the date the tenant surrenders the premises
Audit advertising, screening criteria, and adverse decisions for fair-housing exposure
Ongoing days after startingComplaints route
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Resolve the registration question before advertising the unit | No state-level statute. Governed by municipal ordinance as applicable. | - | Before listing |
| Cap the security deposit at the statutory limit and document how it is held | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. | - | Before signing |
| Deliver every required pre-lease disclosure in writing | Tex. Prop. Code § 92.201, § 92.056, § 92.255 | - | At lease signing |
| Honor the entry-notice rule for every non-emergency visit | No state-level statute. Governed by the lease agreement and common law. | - | Ongoing |
| Serve the statutory periodic-tenancy termination notice in writing | one month | lease-termination-letter | As needed |
| Treat eviction as a strict statutory process, not a self-help action | 3 days | - | At move-out |
| Return the security deposit and the itemized statement inside the statutory window | on or before the 30th day after the date the tenant surrenders the premises | - | If eviction needed |
| Audit advertising, screening criteria, and adverse decisions for fair-housing exposure | Complaints route | - | Ongoing |
Frequently Asked Questions
No state-level statute. Governed by the lease agreement and common law.
on or before the 30th day after the date the tenant surrenders the premises.
3 days.
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