KNOW YOUR RIGHTS · TEXAS

Renter rights in Texas

Repairs, security deposits, landlord entry, lockouts and eviction — what the Texas Property Code actually says, in plain English, with the official source for every point.

Last reviewed 12 September 2026.

Repairs: the written-notice rule

A Texas landlord must make a diligent effort to repair anything that materially affects the physical health or safety of an ordinary tenant. That duty is triggered by your notice — so always put the request in writing and keep a copy, ideally sent by certified mail.

You must be current on rent for the repair duty to apply. Withholding rent is not a remedy in Texas and puts you at risk of eviction.

If nothing happens after a reasonable time and a second notice, the law gives you options: repair and deduct within dollar limits, terminate the lease, or sue for a court order and damages. Follow the notice steps precisely, because a missed step defeats the claim.

Security deposits

Texas sets no cap on the amount, but the return rules are strict: 30 days from surrender, once you have given a forwarding address in writing.

Deductions for damage are allowed; deductions for normal wear and tear are not. If deductions are made, you are owed an itemized written list.

A landlord who acts in bad faith can be liable for three times the wrongfully withheld amount plus $100 and attorney's fees.

Entry, lockouts and utility shut-offs

Texas has no general statutory notice period for entry, so your lease governs it — read that clause before signing and negotiate it if you can.

Lockouts are tightly restricted. Where permitted, the landlord must leave written notice and must give you a new key on request at any hour, day or night, even if you have not paid.

A landlord cannot cut off water, electricity or gas to force you out, except briefly for genuine repairs, emergencies or where you are the account holder and did not pay the utility yourself.

The eviction process

It starts with a written notice to vacate — usually at least three days unless the lease sets a different period. A notice is not an eviction.

The landlord must then file an eviction suit in justice court, and you receive a citation and a hearing date where you can appear and respond. Showing up matters: most tenants who lose, lose by default.

If you lose, you generally have five days to appeal. Only a constable with a writ of possession may remove you or your belongings.

Discrimination and retaliation

Federal and Texas fair housing law prohibit refusing to rent based on race, color, national origin, religion, sex, familial status or disability. Complaints go to HUD or the Texas Workforce Commission Civil Rights Division.

Retaliation is also unlawful: a landlord generally cannot evict, raise rent or cut services within six months because you asked for repairs in good faith or complained to a government agency.

Where to get help

TexasLawHelp.org publishes free forms and step-by-step tenant guides. Texas RioGrande Legal Aid, Lone Star Legal Aid and Legal Aid of NorthWest Texas serve different regions at no cost to people who qualify.

Dial 211 for local rent assistance and housing programs.

Common questions

How long does a Texas landlord have to return my security deposit?

Within 30 days after you surrender the unit, provided you have given a forwarding address in writing. If deductions are made, the landlord must give you an itemized list, unless you still owe rent that is not in dispute.

Can my landlord lock me out in Texas?

Only in narrow circumstances, and never simply to force you out. A lockout for non-payment requires written notice and the landlord must provide a way to get a new key at any hour. An unlawful lockout lets you sue for a court order, one month's rent plus $1,000, actual damages, attorney's fees and costs.

What is the repair-and-deduct rule in Texas?

If a condition materially affects your health or safety, you send a written repair request, are current on rent, and the landlord fails to repair in a reasonable time after a second notice, you may be able to repair and deduct within statutory dollar limits, or end the lease and sue. The steps and notices must be followed exactly.

How much notice does a Texas landlord have to give before eviction?

Normally a written notice to vacate at least three days before filing suit, unless the lease says otherwise. Only a justice court can order eviction, and a constable carries out a writ of possession.

Is there rent control in Texas?

No. Texas law prohibits local rent control except in a declared housing emergency, so on a month-to-month tenancy a landlord may raise rent with proper notice when the term ends.

Official sources

This guide is general information about Texas law, not legal advice. Deadlines and dollar limits change — check the statute and the official sources above, or speak with a legal aid office about your own situation.