Navigating the landscape of rental agreements in the Lone Star State can feel complex for both new and experienced landlords. Fortunately, the Texas Property Code provides a solid legal framework, but it is ever evolving, so staying aware of your legal obligations is crucial. Below is an overview of the core regulations plus a breakdown of the changes that occurred this year.
Key Texas Rental Laws Every Landlord Needs to Know
Understanding your rights and responsibilities as a landlord is the first step toward a successful and conflict-free rental experience. Here are a few major components within Texas Property Code 92:
Security deposits According to Property Code Section 92.103(a), landlords must return security deposits within 30 days after a tenant moves out, minus lawful deductions. If deductions are made, landlords must provide an itemized list. Any lease clauses requiring special notice for deposit returns must be very clearly stated to be enforceable.
Late fees Late rent fees must be disclosed in the lease, and the fees must be “reasonable,” as defined by the Texas Code. Additionally, Property Code Section 92.019(a) advises any portion of the tenant’s rent must be unpaid two full days after the rent’s due date before a late fee may be applied.
Repairs and habitability Landlords are required to repair issues that materially affect a tenant’s health or safety once proper written notice is given, per Property Code Section 92.056. The code also states tenants may have legal remedies if a landlord fails to act within the statutory timeframe, including seeking court orders or even ending the lease in severe cases.
Decoding the Lease Agreement
The lease agreement is the cornerstone of the landlord-tenant relationship. It is a legally binding contract that outlines the terms of the tenancy. In Texas, leases can be oral for terms up to a year. However, a written lease for all tenants is strongly recommended to prevent misunderstandings.
Main components of a written Texas lease agreement include:
- The names of the landlord and tenant(s).
- A description of the rental property.
- The lease duration (e.g., one year, month-to-month).
- The monthly rent amount and due date.
- Security deposit amount and conditions for its return.
- Rules regarding pets, occupants, and property use.
Both landlord and tenant should read and understand the lease completely before signing. Once signed, the terms are not changeable unless the landlord and tenant agree in writing.
The Eviction Process
Eviction is a legal process landlords must follow to remove a tenant from a property. A landlord cannot simply change the locks or remove a tenant's belongings. The process in Texas includes these steps:
- Notice to vacate: The landlord must first provide the tenant with a written "Notice to Vacate." For nonpayment of rent, this is usually a 3-day notice, though the lease can specify a different period.
- Filing an eviction suit: If the tenant does not leave by the deadline, the landlord can file an eviction lawsuit (Forcible Entry and Detainer suit) in the local Justice of the Peace court.
- Court hearing: Both parties will present their case to a judge. If the judge rules in the landlord's favor, the tenant will be ordered to vacate the property.
- Writ of possession: If the tenant still does not leave, the landlord can request a "Writ of Possession" from the court. This authorizes a constable or sheriff to physically remove the tenant and their belongings from the property.
Key 2025 Legal Updates for Texas Rentals
New laws impacting Texas landlords were recently enacted by the Texas State Senate. Below are two key updates, effective September 1, 2025.
New disclosure requirements for floodplains
According to Texas Senate Bill 2349 attached to Property Code Section 92.0135(d), landlords must provide a written notice to tenants if the rental property is located within a 100-year floodplain as defined by the Federal Emergency Management Agency (FEMA), and advise if the property experienced flooding within the last five years. This disclosure must be included as a separate written document of the lease agreement.
Faster removal of squatters
Landlords can now work directly with law enforcement to remove unauthorized occupants who have no legal right to occupy a property. Owners can now simply file a sworn complaint without going through a full court eviction process, per Texas Senate Bill 1333.
Staying Informed and Compliant
The legal landscape for rentals is always evolving. For Texas landlords, maintaining compliance with changes in the law is essential for running a sound business and avoiding costly legal battles.
Whether you are a landlord managing many rentals or a single unit, keeping up with rental regulations is vital and plays an important part in your overall success.
This article is for informational purposes only and does not constitute legal or professional advice. For guidance specific to your situation, you should consult a qualified attorney or other relevant professionals.
