Texas Landlord-Tenant Law for DIY Landlords (2026)

Texas security deposits, the late-fee caps, notice to vacate, the 2026 SB 38 eviction changes and repair duties, in plain English for landlords who manage their own rentals.

Last updated September 21, 2026

Texas gives landlords more room than most states. There's no deposit cap and no statewide rent control. But the rules Texas does have come with real penalties, and 2026 brought the biggest eviction overhaul in years.

Here's what a small Texas landlord needs to get right, with the Property Code section behind each rule.

Security deposits

There's no cap. Texas law doesn't limit how much you can collect.

Return it within 30 days. The clock starts when the tenant surrenders the unit (Tex. Prop. Code § 92.103). You don't have to refund or itemize until the tenant gives you a forwarding address in writing, and the tenant doesn't lose the deposit by failing to give one (§ 92.107).

Itemize every deduction. Send a written list of what you kept and why. You can't deduct for normal wear and tear (§ 92.104).

Want move-out notice as a condition of the refund? The lease clause has to be underlined or in bold print, or it won't hold (§ 92.103).

Bad faith is expensive. A landlord who wrongly keeps a deposit in bad faith owes $100, plus three times the amount withheld, plus attorney fees. Miss the 30-day deadline and the law presumes bad faith, so the burden lands on you (§ 92.109).

Late fees

Texas is one of the few states with a clear late-fee formula (§ 92.019). A late fee is allowed only when all three are true.

The fee is in a written lease.
The fee is reasonable.
Rent is still unpaid two full days after it was due.

A fee counts as reasonable if it's no more than 12% of monthly rent in a building with 4 or fewer units, or 10% in a building with more than 4. Charge more and you have to prove it matches your real losses. Get it wrong and the tenant can recover $100, plus three times the improper fee, plus attorney fees.

Rent increases and rent control

State law doesn't set a notice period for a rent increase, so your lease controls. On a month-to-month tenancy, give at least the notice needed to end the tenancy (see below).

Texas cities can adopt rent control only after a declared disaster creates a housing emergency, and only with the governor's approval (Tex. Loc. Gov't Code § 214.902). In practice, there's none.

Entering the unit

No Texas statute sets a notice rule for landlord entry. Your lease controls, so write a clear entry clause into it.

Ending a month-to-month tenancy

Either side can end it with notice. The tenancy ends on whichever comes later, the date in the notice or one month after the notice is given. A signed agreement can set a different period (§ 91.001).

When rent isn't paid

Before filing an eviction, give at least 3 days' written notice to vacate. A written lease can set a longer or shorter period (§ 24.005). You can pair it with a demand to pay or vacate.

Since January 1, 2026, SB 38 replaced the old delivery rules with one list. The notice must go out by at least one of these (§ 24.005(f-3)).

Mail, including first class, registered, certified, or a delivery service.
Delivery to the inside of the premises, in a conspicuous place.
Hand delivery to any tenant of the premises who is 16 or older.
Electronic communication such as email, but only if the parties agreed in writing.

Posting on the outside of the door is gone. SB 38 repealed the old subsections that allowed it, so a notice taped to the exterior of the front door is no longer one of the permitted methods. If the property is covered by the federal CARES Act, a 30-day notice applies instead.

The eviction process after SB 38

Senate Bill 38 took effect January 1, 2026, along with a rewritten Texas Rule of Civil Procedure 510. Evictions now run on one statewide rulebook in justice court.

Trial is set 10 to 21 days after you file.
Appeal. The tenant has 5 days after the judgment is signed to appeal. To stay in the home during the appeal, the tenant has to pay one rental pay period into the justice court registry within 5 days of filing the appeal, which is a different clock from the appeal deadline itself, and then keep paying at the start of each rental pay period while the appeal runs.
Writ of possession. It cannot issue before the 6th day after the judgment for possession is rendered, unless a possession bond has been filed and approved. Separately, and this is long-standing law rather than an SB 38 change, the officer must post a written warning on the front door and cannot execute the writ sooner than 24 hours after posting (§ 24.0061(d)(1)).

Justice courts can no longer add their own extra steps, and they can't hear counterclaims in an eviction case.

Repairs

Once a tenant gives notice and is current on rent, you have to make a diligent effort to fix anything that materially affects an ordinary tenant's health or safety, including hot water below 120°F (§ 92.052). Damage the tenant or their guests caused beyond normal wear and tear is on them.

The law presumes 7 days is a reasonable time to repair. Miss it after proper notice and the tenant can end the lease, repair and deduct, or go to court (§ 92.056).

The short version

No deposit cap, 30 days to return it with an itemized list
Late fees only after 2 full days, capped at 12% or 10% of rent
No rent control and no statutory entry rule, so the lease controls
A 3-day notice to vacate before filing
SB 38 speeds up evictions, tightens appeals, and removed posting on the outside of the door
7 days is the presumed window for health and safety repairs

Let Taz keep the clock

Texas rules are simple until you miss a deadline. Taz is an AI property manager that tracks deposit and repair timelines, sends rent reminders, takes maintenance requests day and night, and keeps the records a justice court will ask for. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your lease terms matter. Talk to a Texas attorney before acting on a specific situation. Last checked September 2026.