Texas Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Texas law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Main statute: Texas Property Code, Chapter 92 (Residential Tenancies) (Tex. Prop. Code ch. 92)

Security deposits

Max: No statutory cap.
Return deadline days: 30 days
Itemization required: Yes

Source: Tex. Prop. Code §§ 92.103, 92.104, 92.107

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Late fees

Rule: Late fee only if rent remains unpaid 2 full days after the due date, must be in a written lease and reasonable. Safe harbor: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (more than 4 units).

Source: Tex. Prop. Code § 92.019

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Landlord entry

Notice: No statute; entry rules come from the lease.

Ending a month-to-month tenancy

Tenant: 1 month (unless the lease says otherwise)
Landlord: 1 month (unless the lease says otherwise)

Source: Tex. Prop. Code § 91.001

Rent increases

Rule: No statutory notice period beyond ending the tenancy; follow the lease.
Statewide rent control: No; local rent control is preempted except in declared disasters (Local Gov't Code 214.902).

Source: Tex. Loc. Gov't Code § 214.902

Repairs & habitability

Rule: Landlord must repair conditions that materially affect health or safety after notice (tenant current on rent). Tenant remedies include repair-and-deduct up to the greater of one month's rent or $500, ending the lease, or a court order.

Source: Tex. Prop. Code §§ 92.052, 92.056, 92.0561

Retaliation

Rule: No retaliation for 6 months after a tenant in good faith requests repairs or exercises legal rights.

Source: Tex. Prop. Code § 92.331

Clauses often unenforceable in Texas

Waiver of the landlord's duty to repair health/safety conditions (Prop. Code 92.006)
Waiver of security-deposit return rights (Prop. Code 92.006, 92.103)
Late fee charged before rent is 2 full days late or above a reasonable amount (Prop. Code 92.019)

Notes

Landlord must give the tenant a copy of the lease within 3 business days (92.024). Tenant must give a written forwarding address to get the deposit back.

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.