Texas landlord-tenant law at a glance
Texas landlord-tenant law sets short notice periods, leaves deposit amounts to the market and lets the lease fill most gaps. The table gives the rules apartment owners ask about most, with the Property Code section for each.
| Topic | Texas rule | Where it comes from |
|---|---|---|
| Ending a month-to-month tenancy | At least one month’s notice, unless the parties agreed otherwise in writing | Property Code 91.001 |
| Notice to vacate for nonpayment or breach | 3 days in writing, unless the lease sets a different period | Property Code 24.005 |
| Security deposit cap | None | Property Code ch. 92, subch. C |
| Deposit return deadline | 30 days after the tenant surrenders the unit; itemize deductions | Property Code 92.103, 92.104 |
| Bad-faith deposit withholding | Tenant can recover 3 times the amount wrongfully withheld, plus $100 and fees | Property Code 92.109 |
| Late fees | Only if in a written lease, reasonable, and rent unpaid 2 full days after the due date | Property Code 92.019 |
| Late fee safe harbor | 10% of monthly rent for buildings with more than 4 units; 12% for 4 or fewer | Property Code 92.019 |
| Landlord entry | No statute; the lease controls | Texas State Law Library |
| Rent control | Preempted for cities and counties, with a narrow disaster exception | Local Government Code 214.902 |
How much notice does a landlord have to give in Texas?
A Texas landlord must give at least one month’s notice to end a month-to-month tenancy, and at least three days’ written notice to vacate before filing an eviction, unless the lease says otherwise. Under Property Code 91.001, a monthly tenancy ends on the later of the date in the notice or one month after the notice is given.
Many Texas apartment leases change these periods. A lease can shorten or lengthen the 3-day notice to vacate, and it can set its own notice period for ending or renewing a fixed term. Read your lease forms before you send anything, because the written lease controls when it sets a different period.
For nonpayment cases filed on or after January 1, 2026, SB 38 adds a step. If the tenant was not late in the prior month, the landlord must give a notice that lets the tenant pay the rent or move out, rather than a bare notice to vacate.
Security deposit rules in Texas
Texas does not cap security deposits, so the amount is whatever the lease sets, but the return rules are strict. You must refund the deposit, less lawful deductions, within 30 days after the tenant surrenders the unit, with a written itemized list of deductions.
You can’t deduct for normal wear and tear, which Property Code 92.001 defines as deterioration from the intended use of the dwelling. You don’t have to refund or itemize until the tenant gives a written forwarding address, though the tenant keeps the right to the refund. A landlord who keeps a deposit in bad faith can owe three times the amount wrongfully withheld, plus $100 and attorney’s fees. The State Law Library notes that a tenant can sue if the refund or itemized list is not mailed within 30 days, and claims under $20,000 can go to justice court.
Late fees and rent rules
A Texas landlord can charge a late fee only if the written lease gives notice of it, the fee is reasonable, and the rent is still unpaid two full days after the due date. Property Code 92.019 treats a fee as reasonable if it is no more than 10% of monthly rent in a building with more than four units, or 12% in a building with four or fewer.
So a $1,400 unit in a 24-unit property has a safe harbor of $140 in total late fees for the month. A fee above the safe harbor is not automatically illegal, but the landlord then has to show it is a reasonable estimate of damages. A landlord who charges a late fee that breaks the statute owes the tenant $100, three times the late fee collected and reasonable attorney’s fees, under the 2019 amendment in SB 1414.
Can a Texas landlord enter without notice?
Texas has no statute that tells a landlord when or how to give notice before entering a unit, according to the Texas State Law Library. Entry rights come from the lease.
Most Texas apartment leases allow entry at reasonable times for repairs, inspections and showings, and many let the landlord enter without notice in an emergency. Writing a clear entry clause, and following it, is the best protection on both sides. The rules on lockouts and utility cutoffs are separate and much tighter, so do not use entry as a way to remove a tenant.
The Texas eviction process and timeline
A Texas eviction is a suit filed in the justice court for the precinct where the property sits, and an uncontested case usually runs about three to five weeks from notice to writ. That estimate is built from the statutory steps below; contested cases and appeals take longer.
- Landlords may be represented by a non-lawyer agent in justice court, but a property manager should confirm its authority in writing.
- If a federal law requires a longer notice for a covered property, you may file after the state period but a writ cannot be served until the federal period ends.
| Step | Timing for suits filed from Jan 1, 2026 | Notes |
|---|---|---|
| Notice to vacate | At least 3 days unless the lease differs | Weekends and holidays count; a deadline on a weekend or holiday moves to the next business day |
| File the eviction petition | After the notice period runs | In justice court where the property is located |
| Service of citation | Sheriff or constable tries to serve within 5 business days | Other trained officers may serve after that |
| Trial | 10 to 21 days after filing, and not before the 4th day after service | Continuances limited to 7 days unless both sides agree |
| Appeal window | 5 days after judgment | Tenant pays one rental period’s rent into the court registry within 5 days, then as due |
| Writ of possession | After the 6th day following judgment if no appeal | Officer posts a 24-hour warning before executing it |
SB 38 and other Texas law changes for 2025 and 2026
SB 38, passed by the 89th Legislature in 2025, rewrote Texas eviction procedure for suits filed on or after January 1, 2026. The aim was faster, more predictable cases.
- Notice delivery: by mail, hand delivery to anyone 16 or older at the unit, posting inside the premises in a conspicuous place, or electronically if the parties agreed in writing. Actual receipt counts no matter the method.
- Pay or vacate: required for nonpayment when the tenant was not late the prior month.
- Time counting: filing and notice periods include weekends and holidays.
- Trial: set 10 to 21 days after filing, no earlier than the 4th day after service (it used to be the 6th). Courts may not require mediation or pretrial hearings first.
- Appeals: 5 days for every type of appeal, with rent paid into the court registry for all of them, including cash deposit appeals. The tenant must swear to a good-faith defense.
- Writs: a court has no discretion to withhold a writ once the requirements are met.
- Squatters: a new summary disposition procedure for forcible entry and detainer cases, with 4 days for the occupant to respond.
- SB 1333 (2025) added Property Code chapter 24B, which lets an owner file a sworn complaint so the sheriff or constable can remove an unauthorized occupant who is not a current or former tenant. It also created crimes for fraudulent leasing and false property documents.
Does Texas have rent control?
No. Texas has no statewide limit on rent increases, and Local Government Code 214.902 bars cities and counties from adopting rent control.
The only exception is narrow: a city could adopt a rent control ordinance during a declared state of disaster, and only if the governor approves it. Rent increases are set by the lease, and in a month-to-month tenancy a landlord can raise rent with proper notice.
Practical steps for Texas apartment owners
Most disputes in Texas justice courts turn on paperwork, so the owners who win tend to have clean files. Keep a dated copy of every notice and a note of how it was delivered, since SB 38 lets you prove delivery by mail, hand delivery, inside posting or agreed electronic delivery.
Update lease forms for 2026. A lease that still says notice must be posted on the outside of the door, or that counts only business days, may not match the new rules. Check that the late fee clause states the due date, the grace period and the amount, and that it stays within the 10% safe harbor for buildings with more than four units.
Track move-outs against the 30-day deposit clock and ask every departing tenant for a written forwarding address. If you plan to sell in the next year, these records become part of due diligence, and a buyer will price in any open deposit claims.
What happens to leases and deposits when you sell in Texas
Leases survive a sale in Texas. The buyer takes the building subject to every existing lease, and tenants keep their terms, rents and renewal rights.
Deposits follow the building. Under Property Code 92.105, the new owner is liable for returning security deposits from the date title transfers, and must give each tenant a signed statement that names the new owner as responsible for the deposit and states the exact amount. The seller stays liable for deposits it collected until the buyer has received them or assumed the liability, unless a written contract says otherwise. In practice, the purchase contract credits the buyer with all deposits at closing, and the seller delivers a rent roll and the lease files.
Sellers should also hand over any late fee and notice records, because a buyer who files an eviction in the first month will need to show the notices were given correctly. Our guide to selling a rental property with tenants covers estoppels and rent prorations.
Skyline buys apartment buildings with five or more units in Texas, with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines.
