Texas Tenant Rights

Before a landlord in Texas can file an eviction lawsuit (forcible detainer suit), they must first give the tenant written notice to vacate. The default notice period is three days, unless the lease specifies a different period. The notice must be delivered by personal delivery, by mail, or by affixing it to the inside of the main entry door. If the notice is mailed, it is considered delivered on the date it is placed in the mail with proper postage. The three-day period begins the day after the notice is delivered. The landlord cannot file the eviction suit in justice court until the notice period has expired. If the landlord skips this step, the eviction case can be dismissed. The notice must clearly demand that the tenant vacate the premises. A landlord and tenant may agree in a lease to a longer or shorter notice period, but the notice requirement cannot be waived entirely.

Under Texas law, your landlord must return your security deposit within 30 days after you move out and surrender the premises. The landlord must refund the deposit to your last known address. If the landlord withholds any portion of the deposit, they must provide a written itemized list of the deductions along with the remaining balance. Deductions are only allowed for damages beyond normal wear and tear, unpaid rent, or other charges allowed under the lease. If the landlord acts in bad faith by retaining the deposit without justification, a court may award you up to three times the wrongfully withheld amount plus $100 in additional damages and reasonable attorney's fees. To protect yourself, always provide your landlord with a forwarding address in writing when you move out, as this triggers the 30-day return clock.

When your landlord keeps any part of your security deposit, Texas law requires them to give you a written description and itemized list of all deductions. This accounting must be sent to your last known address along with any remaining refund within 30 days of move-out. Your landlord cannot deduct for conditions that existed before you moved in or for normal wear and tear. If the landlord fails to return the deposit or provide the required itemization, they may forfeit the right to withhold any portion of the deposit and can be held liable in court. The burden falls on the landlord to prove that any deductions were legitimate. Keeping clear move-in and move-out documentation, including photos and a written condition report, helps protect your interests.

Texas landlords have a legal duty to make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant if the tenant gives notice of the condition and the tenant is not delinquent in rent. The notice should be in writing and sent by certified mail, return receipt requested, or delivered personally. The landlord generally has a reasonable time to make the repair after receiving notice. If the landlord fails to repair the condition within a reasonable time, the tenant may pursue remedies including terminating the lease, having the condition repaired and deducting the cost from rent (up to one month's rent), or filing suit to compel the repair. The tenant may also be entitled to a reduction in rent, actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.

If your landlord fails to make a repair that materially affects your health or safety after proper notice, Texas law gives you several remedies. You may terminate the lease, repair the condition yourself and deduct the cost from rent (the repair-and-deduct remedy), or file a lawsuit. To use the repair-and-deduct remedy, the cost generally cannot exceed one month's rent. If you go to court and the court finds the landlord acted in bad faith, the court may award you actual damages, a civil penalty of one month's rent plus $500, court costs, and reasonable attorney's fees. You can also obtain a court order directing the landlord to make the repair. Before exercising these remedies, you must have given proper written notice and the landlord must have had a reasonable time to respond. The landlord is generally considered to have had reasonable time if at least seven days have passed since notice was given.

Texas has no statewide rent control or rent stabilization law, and state law actually prohibits cities from enacting their own rent control ordinances (Tex. Gov. Code § 214.902). This means there is no legal cap on how much a landlord can raise your rent. However, there are important protections: a landlord cannot raise rent during a fixed-term lease unless the lease specifically allows it. For month-to-month tenancies, the landlord must provide written notice before increasing rent. Unless your lease specifies a different notice period, a landlord must give at least one full rental period of notice before a rent increase takes effect (e.g., 30 days for a month-to-month tenancy). A rent increase that targets you because of your race, religion, national origin, sex, familial status, or disability is illegal under both federal Fair Housing laws and the Texas Fair Housing Act. If you believe a rent increase is discriminatory or retaliatory, you should consult an attorney.

Texas law requires your landlord to provide you with a copy of your lease agreement. If you request a copy of your lease in writing, the landlord must provide it within 15 days. If your lease was not reduced to writing, the landlord must still provide a written statement of the terms if requested. This is important because the lease governs the rights and obligations of both the landlord and tenant. Having a copy of your lease allows you to understand the specific terms of your tenancy, including the rent amount, lease duration, rules about pets, maintenance responsibilities, and conditions for lease termination. If your landlord refuses to provide a copy, this violation can be used in your favor in any legal dispute. Always request a copy of your lease in writing and keep it in a safe place.

Texas law provides important protections for tenants who are victims of family violence, sexual assault, or stalking. A tenant who is a victim can terminate their lease early without penalty by providing the landlord with documentation such as a protective order, a police report filed within the preceding 30 days, or documentation from a licensed health care provider or advocate confirming the victim's status. The tenant must provide written notice of termination along with the documentation. The tenant is released from any future rent obligation 30 days after the landlord receives the notice, or at the end of the rental period, whichever comes first. The tenant must still pay rent through the termination date. This protection cannot be waived in the lease, and a landlord who violates this provision is liable for actual damages, a civil penalty of one month's rent plus $500, and attorney's fees.

The Texas Fair Housing Act makes it illegal for landlords, property managers, and real estate agents to discriminate in the sale, rental, or financing of housing based on race, color, disability, religion, sex, national origin, or familial status. This means a landlord cannot refuse to rent to you, set different terms, or provide different services based on any of these protected characteristics. The law covers most types of housing with limited exceptions for owner-occupied buildings with four or fewer units and single-family homes rented without a broker. If you are a person with a disability, the landlord must allow reasonable modifications to the unit at your expense and must make reasonable accommodations in rules, policies, and services. You can file a housing discrimination complaint with the Texas Workforce Commission Civil Rights Division.

Texas law prohibits landlords from retaliating against tenants who exercise their legal rights. A landlord may not increase rent, decrease services, file an eviction action, or otherwise retaliate against a tenant because the tenant complained to a government entity about code violations, complained to the landlord about needed repairs, organized or participated in a tenant organization, or exercised any other right under the Texas Property Code. If a landlord takes negative action within six months of the tenant exercising a protected right, the action is presumed to be retaliatory, and the landlord bears the burden of proving a legitimate, non-retaliatory reason. If a court finds that a landlord retaliated, the tenant may recover actual damages, a civil penalty of one month's rent plus $500, and reasonable attorney's fees.