Renting in Texas
Your rights as a tenant in Texas
Texas law sets no maximum for the security deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Texas
- Maximum deposit
- No maximum in the law
- Tex. Prop. Code §§92.101–92.113 (subch. C)
- To return your deposit
- 30 days
- Tex. Prop. Code §92.103(a)
- Notice for late rent
- 3 days
- Tex. Prop. Code §24.005(a)
What the law says
The rules, one by one
The basic rules for renting in Texas, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Texas law sets no maximum for the security deposit.
Texas law sets no maximum for the security deposit. The Property Code (chapter 92, subchapter C) defines a deposit and says how and when it is returned, but caps no amount.
What the law says · Tex. Prop. Code §§92.101–92.113 (subch. C)
“A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.”
Source: Texas Constitution and Statutes · Verified on November 5, 2026
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When must they return my deposit?
30 days
Your landlord must refund your security deposit on or before the 30th day after you surrender the home. But the landlord does not have to return it until you give a written forwarding address.
What the law says · Tex. Prop. Code §92.103(a)
“(a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.”
Source: Texas Constitution and Statutes · Verified on October 16, 2026
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If I fall behind on rent, what notice must I get?
3 days
Before filing an eviction suit, the landlord must give you at least three days' written notice to vacate, unless a written lease sets a shorter or longer period. If you were not late on rent before that month, the notice must be a notice to pay rent or vacate.
What the law says · Tex. Prop. Code §24.005(a)
“the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.”
Source: Texas Constitution and Statutes · Verified on October 16, 2026
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How much notice ends a month-to-month rental?
In a month-to-month tenancy, you or the landlord can end it with notice. It ends on the date in the notice or one month after the notice is given, whichever is later.
What the law says · Tex. Prop. Code §91.001(b)
“(b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.”
Source: Texas Constitution and Statutes · Verified on October 16, 2026
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Are there limits on late fees?
A landlord may charge a late fee only if it is in a written lease, is reasonable, and rent remains unpaid two full days after it was due. It is considered reasonable if it is not more than 12% of the rent in a building with four or fewer units, or 10% in a building with more than four units.
What the law says · Tex. Prop. Code §92.019(a), (a-1)
“(A) 12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units; or”
Source: Texas Constitution and Statutes · Verified on October 16, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
Your landlord may not keep you out of your home except through the court, with some exceptions in the law. One exception is changing the lock when rent is owed, but the landlord must still give you the new key even if you do not pay.
What the law says · Tex. Prop. Code §92.0081(b)
“(b) A landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:”
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Protection from retaliation
Yes: state law says so
For six months after you act on your rights, such as asking for repairs, the landlord may not retaliate against you, for example by filing an eviction, raising your rent, ending your lease or cutting services.
What the law says · Tex. Prop. Code §92.331
“(b) A landlord may not, within six months after the date of the tenant's action under Subsection (a), retaliate against the tenant by:”
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Repair and deduct from the rent
Yes: state law says so
If the landlord is liable for a required repair, in some cases you may have it repaired and deduct the cost from a later rent payment. The deduction may not exceed one month's rent or $500, whichever is greater.
What the law says · Tex. Prop. Code §92.0561(a)-(b)
“(b) The tenant's deduction for the cost of the repair or remedy may not exceed the amount of one month's rent under the lease or $500, whichever is greater.”
Eviction
How an eviction works in Texas
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written notice to vacate (or pay rent or vacate)
at least 3 days
What the law says · Tex. Prop. Code §24.005(a)
“at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement”
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Landlord files a sworn petition in justice court
What the law says · Tex. Prop. Code §24.00505
“To initiate an eviction suit, a sworn petition must be filed with the court.”
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Service of citation (sheriff or constable)
up to 5 days
What the law says · Tex. Prop. Code §24.0051(f)
“A sheriff or constable, including a deputy sheriff or deputy constable, shall make a diligent effort to serve the citation and petition not later than the fifth business day after the date the petition is filed.”
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Tenant's written answer (optional; by the trial day)
What the law says · Tex. R. Civ. P. 510.11(a)
“Not Required. The defendant may, but is not required to, file a written answer with the court on or before the day set for trial in the citation.”
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If the landlord moves for summary disposition: tenant's response
up to 4 days
What the law says · Tex. Prop. Code §24.005106(a)(1)
“(1) not later than the fourth day after the date the tenant is served with the landlord's sworn petition, the tenant files a response setting out supporting facts, and providing any applicable documents, on which the response relies; and”
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Trial in justice court
10 to 21 days
What the law says · Tex. Prop. Code §24.0051(g)(1)
“(1) shall, subject to this subsection, hold the trial of an eviction suit on a date that is not earlier than the 10th day or later than the 21st day after the date the petition is filed;”
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Judgment
What the law says · Tex. Prop. Code §24.0061(a)
“A landlord who prevails in an eviction suit is entitled to a judgment for possession of the premises and a writ of possession.”
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Appeal to county court
up to 5 days
What the law says · Tex. Prop. Code §24.005107(a)
“A party may appeal the judgment of a justice court in an eviction suit by filing a bond, cash deposit, or statement of inability to afford payment of court costs with the justice court not later than the fifth day after the date the judgment is signed.”
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Writ of possession issued
6 to 60 days
What the law says · Tex. Prop. Code §24.0061(b)
“(b) A writ of possession may not be issued before the sixth day after the date on which the judgment for possession is rendered unless a possession bond has been filed and approved under the Texas Rules of Civil Procedure.”
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Sheriff or constable executes the writ (door warning at least 24 hours before)
at least 1 day
What the law says · Tex. Prop. Code §24.0061(d)(1)
“(1) post a written warning of at least 8-1/2 by 11 inches on the exterior of the front door of the rental unit notifying the tenant that the writ has been issued and that the writ will be executed on or after a specific date and time stated in the warning not sooner than 24 hours after the warning is posted; and”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
The Texas Workforce Commission (TWC) takes housing discrimination complaints when the property is in Texas. You must submit the complaint within one year from the date of the discrimination. A complaint cannot be filed with both TWC and the Department of Housing and Urban Development (HUD).
Texas Workforce Commission, Civil Rights Division- Texas Judicial Branch: Legal Aidtxcourts.gov
- State Bar of Texas: Referral Directory for Low-Income Texanstexasbar.com
- State Bar of Texas: Lawyer Referral & Information Servicetexasbar.com
- TexasLawHelp.orgtexaslawhelp.org
- TexasLawHelp.org: Eviction help and referraltexaslawhelp.org
- Legal Aid of NorthWest Texaslegalaidtx.org
- Lone Star Legal Aidlonestarlegal.org
- Texas RioGrande Legal Aidtrla.org
- DOJ EOIR: Recognized Organizations and Accredited Representatives Roster by State and Cityjustice.gov
Frequently asked questions
How much can a landlord charge for a deposit in Texas?
Texas law sets no maximum for the security deposit. The Property Code (chapter 92, subchapter C) defines a deposit and says how and when it is returned, but caps no amount. (Tex. Prop. Code §§92.101–92.113 (subch. C))
When must a deposit be returned in Texas?
Your landlord must refund your security deposit on or before the 30th day after you surrender the home. But the landlord does not have to return it until you give a written forwarding address. (Tex. Prop. Code §92.103(a))
What notice is required for late rent in Texas?
Before filing an eviction suit, the landlord must give you at least three days' written notice to vacate, unless a written lease sets a shorter or longer period. If you were not late on rent before that month, the notice must be a notice to pay rent or vacate. (Tex. Prop. Code §24.005(a))
How much notice ends a month-to-month rental in Texas?
In a month-to-month tenancy, you or the landlord can end it with notice. It ends on the date in the notice or one month after the notice is given, whichever is later. (Tex. Prop. Code §91.001(b))
Are there limits on late fees in Texas?
A landlord may charge a late fee only if it is in a written lease, is reasonable, and rent remains unpaid two full days after it was due. It is considered reasonable if it is not more than 12% of the rent in a building with four or fewer units, or 10% in a building with more than four units. (Tex. Prop. Code §92.019(a), (a-1))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Texas rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet