How much can a landlord charge for a security deposit in Texas?

Texas sets no statutory cap on the security deposit amount. The deposit must be accounted for within 30 days after the tenancy ends (Tex. Prop. Code § 92.103).

Is there a limit on late fees in Texas?

A late fee is presumed reasonable if it does not exceed 12% of monthly rent for a property with four or fewer units, or 10% for larger properties. (Tex. Prop. Code § 92.019)

How much notice must a landlord give before entering a rental in Texas?

Texas has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.

How do you end a month-to-month tenancy in Texas?

Either party must give at least one month's written notice to end a month-to-month tenancy. (Tex. Prop. Code § 91.001)

What happens if a tenant does not pay rent in Texas?

Landlord must give at least 3 days' written notice to vacate before filing an eviction suit, unless the lease specifies a different period. (Tex. Prop. Code § 24.005) The case is filed as a forcible detainer (eviction suit) in Justice of the Peace Court. A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in Texas?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Texas with the statutory citations printed in it.

Texas Residential Lease Agreement

A lease that works in the State of Texas has to respect Texas landlord-tenant law: no statutory ceiling on the security deposit, accounted for within 30 days of move-out, and late fees limited to 12% of the rent. Below is every number that governs a Texas tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

Texas rental law at a glance

Each row is the rule Landy applies when it builds a Texas lease. The citation is printed in the finished document too, so a tenant can check it.

Texas landlord-tenant rules with statutory citations
Rule	Texas	Citation
Security deposit limit	No statutory limitTexas sets no statutory cap on the security deposit amount.	No statute on point
Deposit return deadline	30 daysLandlord must refund the deposit and provide an itemized list of deductions within 30 days after the tenant surrenders possession.	Tex. Prop. Code § 92.103
Interest on deposits	Not requiredTexas does not require interest on security deposits.	Tex. Prop. Code § 92.103
Late fee limit	12% of the rentA late fee is presumed reasonable if it does not exceed 12% of monthly rent for a property with four or fewer units, or 10% for larger properties.	Tex. Prop. Code § 92.019
Grace period before rent is late	2 daysA late fee may not be charged until rent is at least 2 days overdue.	Tex. Prop. Code § 92.019
Notice to pay or quit	3 daysLandlord must give at least 3 days' written notice to vacate before filing an eviction suit, unless the lease specifies a different period.	Tex. Prop. Code § 24.005
Time to cure a lease violation	3 daysLandlord must give at least 3 days' notice to vacate for a lease violation, unless the lease specifies otherwise.	Tex. Prop. Code § 24.005
Ending a month-to-month tenancy	30 days' noticeEither party must give at least one month's written notice to end a month-to-month tenancy.	Tex. Prop. Code § 91.001
Notice before landlord entry	No statute — Landy's lease sets 24 hours by agreementTexas has no statutory entry-notice requirement, so Landy's lease sets one by agreement.	No statute on point

Disclosures a Texas lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
Parking Rules Disclosure
For multi-unit properties, Landlord has provided Tenant with a copy of the towing and parking rules and policies applicable to the premises.
Tex. Prop. Code § 92.0131
Flooding Disclosure
Landlord discloses whether the dwelling is located in a 100-year floodplain and whether the dwelling has flooded at least once in the previous five years.
Tex. Prop. Code § 92.0135

If things go wrong in Texas

Where eviction is filed

Justice of the Peace Court, as a forcible detainer (eviction suit).

Governing law

Cited from the Texas Property Code.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

Texas lease questions, answered

How much can a landlord charge for a security deposit in Texas?: Texas sets no statutory cap on the security deposit amount. The deposit must be accounted for within 30 days after the tenancy ends (Tex. Prop. Code § 92.103).
Is there a limit on late fees in Texas?: A late fee is presumed reasonable if it does not exceed 12% of monthly rent for a property with four or fewer units, or 10% for larger properties. (Tex. Prop. Code § 92.019)
How much notice must a landlord give before entering a rental in Texas?: Texas has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.
How do you end a month-to-month tenancy in Texas?: Either party must give at least one month's written notice to end a month-to-month tenancy. (Tex. Prop. Code § 91.001)
What happens if a tenant does not pay rent in Texas?: Landlord must give at least 3 days' written notice to vacate before filing an eviction suit, unless the lease specifies a different period. (Tex. Prop. Code § 24.005) The case is filed as a forcible detainer (eviction suit) in Justice of the Peace Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in Texas?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Texas with the statutory citations printed in it.

Build a Texas lease with these rules already in it.

Answer questions in plain English. Landy writes the Texas lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes Texas law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Texas attorney review your lease before you rely on it.