TX · LEASE-AGMT · Updated July 2026 · Free
Texas Lease Agreement
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Texas at a glance: Security Deposit Limit: No statutory limit · Deposit Return Deadline: 30 days after tenant surrenders possession · Notice to Terminate Month-to-Month: 1 month (unless lease specifies otherwise)
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Overview
Lease Agreements in Texas
Texas landlord-tenant law is governed primarily by Chapter 92 of the Texas Property Code. Texas is considered a relatively landlord-friendly state, with fewer restrictions on security deposits and rent increases compared to states like California or New York.
Texas has no statewide rent control law. Landlords may raise rent freely, subject only to the notice requirements in the lease. Security deposits are not capped, though landlords must return them within 30 days of the tenant surrendering possession.
Texas requires landlords to make "diligent" efforts to repair conditions that materially affect health or safety within a reasonable time after written notice. If the landlord fails to do so, the tenant may have remedies including repair-and-deduct (up to one month's rent) or lease termination.
Key Facts
Texas Lease Agreement — Quick Reference
| Requirement | Texas Rule |
|---|---|
| Security Deposit Limit | No statutory limit |
| Deposit Return Deadline | 30 days after tenant surrenders possession |
| Notice to Terminate Month-to-Month | 1 month (unless lease specifies otherwise) |
| Rent Control | None — no statewide rent control |
| Eviction Notice (Non-Payment) | 3-Day Notice to Vacate |
| Landlord Entry Notice | No statutory requirement (reasonable notice recommended) |
| Repair Request Notice | Must be in writing; landlord has "reasonable time" to repair |
| Governing Law | Tex. Prop. Code Ch. 92 |
Legal Requirements
Texas Legal Requirements
- Landlords must return the security deposit within 30 days and provide a written itemized deduction list (Tex. Prop. Code § 92.103).
- A lease must disclose whether the property is in a 100-year flood plain.
- Lead paint disclosure is required for properties built before 1978.
- Landlords must provide a smoke detector in each bedroom and test them before move-in.
- Landlords must repair conditions that materially affect health or safety after written notice from the tenant.
- Texas law requires landlords to include remedies available to tenants for landlord non-compliance in written leases.
Governing Laws
Texas Governing Laws
Tex. Prop. Code § 92.056
Landlord's Duty to Repair or Remedy
Requires landlords to make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant. Tenant must provide written notice of needed repairs.
Tex. Prop. Code §§ 92.101–92.109
Security Deposits
Governs security deposit collection and return. Landlords must return the deposit within 30 days, provide an itemized accounting of deductions, and may not retain deposits for normal wear and tear.
Tex. Prop. Code § 92.019
Late Fees
Allows late fees only if the lease includes a late fee provision and the fee is reasonable. Late fees cannot be charged until the rent is at least 2 days past due for monthly tenancies.
Read the full text of these laws at Cornell Law School's Texas legal resources or your state legislature's official website.
Questions & Answers
Texas Lease Agreement — Frequently Asked Questions
Is there a security deposit limit in Texas?
No. Texas law does not cap the amount a landlord can collect as a security deposit. However, landlords must return the deposit within 30 days of the tenant surrendering the property and provide an itemized list of any deductions.
Can a landlord raise rent in Texas without notice?
Texas has no rent control law. For fixed-term leases, rent cannot be changed during the lease term. For month-to-month tenancies, landlords must provide at least one rental period's notice (typically 30 days) before a rent increase takes effect.
What is the eviction process in Texas?
Texas evictions begin with a 3-Day Notice to Vacate. If the tenant doesn't leave, the landlord files a Forcible Entry and Detainer suit in Justice Court. Texas has one of the fastest eviction timelines in the country — hearings can be scheduled within 10 days of filing.
Does a Texas landlord need to give notice before entering?
Texas law does not specify a required notice period for landlord entry. However, leases may include entry notice requirements. As a best practice, landlords should give at least 24 hours' notice except in emergencies.
What repairs must a Texas landlord make?
Texas landlords must repair conditions that "materially affect the physical health or safety of an ordinary tenant" after receiving written notice. This includes heating and cooling systems, plumbing, structural issues, and working smoke detectors. Cosmetic issues are not covered.