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McLennan County Texas
McLennan County · Texas

McLennan County Landlord-Tenant Law

Texas landlord guide — county ordinances, courthouse info & local rules

📍 County Seat: Waco
👥 Pop. ~272,000
⚖️ 6 JP Courts • 5 Precincts
🎓 Baylor University — I-35 Central Texas Corridor

McLennan County Rental Market Overview

McLennan County occupies a pivotal position at the geographic center of Texas, sitting astride Interstate 35 halfway between Dallas–Fort Worth and Austin. Its county seat and dominant city, Waco, has undergone a remarkable transformation over the past decade — from a city best known for historical tragedy and an industrial heritage to one of the most talked-about mid-sized cities in America, driven in part by the Magnolia Market at the Silos phenomenon, a sustained downtown revitalization, and the continued growth of Baylor University. With a county population approaching 272,000 and Waco itself home to roughly 150,000 residents, McLennan County is the heart of the Waco Metropolitan Statistical Area, which also encompasses Falls and Bosque counties.

The Waco rental market is moderately priced and growing. Average one-bedroom apartment rents run approximately $1,030–$1,074/month citywide, with the Baylor University neighborhood and Downtown Waco commanding $1,049–$1,237/month for one-bedrooms, and more affordable neighborhoods like Cedar Ridge and Austin Avenue dipping below $900. McLennan County operates 6 JP courts across 5 precincts: Precinct 1 carries two courts (Place 1 and Place 2) due to Waco’s population density, while Precincts 2, 3, 4, and 5 each have a single court. Precincts 3 and 4 serve rural communities (West and McGregor), while Precincts 2 and 5 serve additional Waco-area populations.

📊 Quick Stats

County Seat Waco
Population ~272,000 (2025 est.)
Key Communities Waco, Woodway, Hewitt, Bellmead, McGregor, West, Hillsboro, Lorena, Lacy-Lakeview, Beverly Hills
Court System 6 JP Courts in 5 precincts (Pct. 1 has Pl. 1 & Pl. 2; Pcts. 2, 3, 4, 5 single judge); County Courts at Law (appeals)
Avg. Rent (1BR) ~$1,030–$1,074/mo (Waco); $1,049+ near Baylor
Market Character University & tourism-influenced; revitalized mid-sized city; I-35 corridor growth
Rent Control None
Just-Cause Eviction Not required

⚡ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Vacate
Lease Violation 3-Day Notice to Vacate
Month-to-Month Term. 1-Month Written Notice
Filing Fee ~$100–$150 (confirm with clerk)
Wrong Precinct? Court must dismiss — verify before filing
Eviction Timeline 3–6 weeks typical
Security Deposit Return 30 days after surrender
Statute Tex. Prop. Code §§ 92.001 et seq.; 24.001–24.011

McLennan County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No county-level rental license required. Texas has no statewide landlord licensing statute. The City of Waco does not require general residential rental registration for standard long-term leases. Landlords operating short-term rentals (STRs) near Baylor University or Magnolia Market should verify current City of Waco STR ordinance requirements with the City of Waco Planning Department, as the tourism-driven STR market in Waco has drawn increased regulatory attention. Verify with individual community development departments for properties outside city limits.
Rent Control None. Texas law preempts local rent control statewide. No McLennan County municipality may enact rent stabilization. Landlords may raise rents freely at lease renewal with proper notice.
Security Deposit No statutory cap on amount. Must be returned with written itemized accounting within 30 days after tenant surrenders premises (Tex. Prop. Code § 92.103). Normal wear and tear is not deductible. Bad-faith retention: $100 + 3x wrongfully withheld amount + attorney’s fees (§ 92.109). Bad faith is presumed by law after 30 days without return or accounting.
Eviction Filing — Which JP Court? McLennan County has 6 JP courts across 5 precincts. Precinct 1 has two courts (Place 1 and Place 2) due to Waco’s population. Precincts 2 and 5 also serve the Waco area. Precinct 3 serves the West, TX area and Precinct 4 serves the McGregor area. An eviction must be filed in the precinct where the rental property is located. Filing in the wrong precinct requires mandatory dismissal. Confirm your precinct at mclennan.gov before filing.
JP Court Locations by Precinct Precinct 1, Place 1 (Waco) • 501 Washington Avenue, Suite 104-D, Waco, TX 76701 • (254) 757-5040
Precinct 1, Place 2 (Waco) • 501 Washington Avenue area, Waco, TX 76701 • (254) 757-5128 • Mon–Fri 8:00 AM–4:00 PM
Precinct 2 (East / South Waco) • 929 Elm Avenue, Waco, TX 76704 • (254) 752-9353 • Note: As of January 1, 2026, all Precinct 2 eviction hearings are conducted via hybrid (in-person & remote via YouTube)
Precinct 3 (West, TX area / rural north-central McLennan) • 201 N. Reagan, West, TX 76691 • P.O. Box 495, West, TX 76691 • (254) 826-3341
Precinct 4 (McGregor area / southwest McLennan) • 415 N. Johnson, McGregor, TX 76657 • (254) 759-7558
Precinct 5 (South/Southeast Waco area; Judge Miramontez) • 1800 Richter Avenue, Waco, TX 76711 • (254) 752-4242

Verify all current information at mclennan.gov/267/Justices-of-the-Peace.

2026 Eviction Law Changes & Hybrid Hearings Major changes to Texas eviction law took effect January 1, 2026. Additionally, Precinct 2 has adopted hybrid (in-person and remote) eviction hearings effective January 1, 2026. Confirm all current filing requirements, hearing formats, and procedures directly with your McLennan County JP court before filing.
Magnolia / Tourism STR Market Waco’s tourism economy, centered on Magnolia Market at the Silos and Baylor University, has generated significant short-term rental demand. Properties in the Silo District, Downtown, and Baylor-adjacent neighborhoods attract Airbnb and VRBO interest. Landlords operating or considering STRs in Waco should verify current city regulations with the Waco Planning Department, as the city has increasingly addressed STR activity in tourist-heavy areas. Non-compliant STR operation can result in fines and code enforcement action.
Late Fees Must be in written lease. Not collectible until rent is 2 full days past due. Maximum: 12% of monthly rent for 1–4 unit structures; 10% for 5+ unit structures (Tex. Prop. Code § 92.019). At Waco rent levels of ~$1,030–$1,074/month, the 12% cap allows approximately $124–$129/month maximum for smaller structures.
Self-Help Eviction Prohibited. Landlords may not remove locks, cut utilities, or interfere with tenant possession to force a vacate (Tex. Prop. Code §§ 92.008, 92.0081). All evictions require a court-issued Writ of Possession executed by the McLennan County Constable for the appropriate precinct. Violations carry one month’s rent + $1,000 civil penalty + actual damages + attorney’s fees.

Last verified: March 2026 · Source: McLennan County JP Courts

🏛️ Courthouse Finder

🏛️ Courthouse Information and Locations for Texas

💵 Cost Snapshot

💰 Eviction Costs: Texas
Filing Fee 54-149
Total Est. Range $150-$500
Service: — Writ: —

Texas State Law Framework

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
25-45
Avg Total Days
$54-149
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Vacate
Notice Period 3 days
Tenant Can Cure? No - notice to vacate, not to pay. Tenant can pay during period but landlord not required to accept.
Days to Hearing 10-21 days
Days to Writ 5 days
Total Estimated Timeline 25-45 days
Total Estimated Cost $150-$500
⚠️ Watch Out

Texas notice is to vacate, not to pay. Landlord is not required to accept rent during notice period. Lease can shorten notice to 1 day or extend it. If tenant paid rent on time the prior month, landlord must give "Notice to Pay Rent or Vacate" instead. SB 38 (2025) streamlines squatter removal process.

Underground Landlord

📝 Texas Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Justice of the Peace Court (Forcible Detainer). Pay the filing fee (~$54-149).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Texas eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Texas attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Texas landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Texas — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Texas's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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🔎 Notice Calculator

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏘️ Communities & Screening Tips

Key communities: Waco (dominant city, Baylor, healthcare), Woodway (upscale suburb, west Waco), Hewitt (south Waco suburb), Bellmead (northeast, industrial), Lacy-Lakeview (north, affordable), Beverly Hills (small city, south), McGregor (rural west), West (north, Czech heritage community), Lorena (south I-35).

Baylor / University Parks area: Student and faculty market with strong demand. Require co-signers for student tenants; verify income for graduate students and postdocs. Baylor’s campus culture is distinct — the university has strict codes of conduct that, while applying to students on campus, set behavioral expectations that many tenants carry over to off-campus housing.

Downtown / Silo District: Tourism-driven neighborhood; strong STR demand but verify city regulations before operating. Long-term tenants in this area are young professionals drawn by the urban revitalization. Higher rents ($1,200+) and strong appreciation potential.

Woodway / Hewitt: Most desirable suburban residential market. Older family households, lower turnover, strong school districts. Good single-family rental market for buy-and-hold investors.

McLennan County Landlords

Screen Every Applicant Before You Sign →

Background checks, eviction history, credit reports — get the full picture before handing over the keys.

McLennan County Texas Landlord-Tenant Law: Renting in Waco, Baylor Country, and the Heart of Texas

McLennan County occupies a singular position in the Texas rental landscape: it is simultaneously a university town, a tourism destination, a regional healthcare hub, an I-35 corridor logistics stop, and a mid-sized Texas city in the midst of a genuine revitalization. That combination of forces has produced a rental market that is more dynamic and multifaceted than its population size would suggest, and a landlord operating in Waco today is navigating a set of market forces that simply didn’t exist fifteen years ago. Understanding McLennan County as a landlord means understanding how Baylor University, Magnolia Market, the healthcare sector, and the county’s rural precincts all interact to create a mosaic of rental opportunities and risks that rewards knowledge.

Average one-bedroom apartment rents in Waco citywide run approximately $1,030–$1,074/month — below the Texas statewide average and significantly below the Austin market just 100 miles to the south. But the neighborhood distribution matters enormously. The Baylor neighborhood commands $1,049/month for a one-bedroom. Downtown Waco, particularly around the Silos District, runs $1,202–$1,237. More affordable corridors like Cedar Ridge and Austin Avenue dip below $900. This wide spread reflects the genuine geographic and demographic diversity of Waco’s rental market, and a landlord who treats the whole city as a uniform market will consistently misunderstand what their specific property is worth and what kind of tenant it will attract.

Six Courts, Five Precincts: McLennan County’s JP Structure

McLennan County operates six Justice of the Peace courts across five geographic precincts. Precinct 1 carries two courts — Place 1 at 501 Washington Avenue and Place 2 at the same general location — due to the volume of cases generated by Waco’s urban core. Precinct 2, at 929 Elm Avenue in east Waco, serves another portion of the city. Precinct 5, at 1800 Richter Avenue, covers south and southeast Waco. The remaining two precincts serve the county’s rural communities: Precinct 3 is headquartered in West, Texas (the Czech heritage community made tragically famous by the 2013 fertilizer plant explosion), and Precinct 4 is in McGregor, serving the southwestern portion of the county.

Landlords with properties exclusively in Waco proper will most commonly deal with Precincts 1, 2, or 5. However, the precinct boundaries within Waco are not intuitive and do not follow obvious landmarks. The mandatory rule applies: filing an eviction in the wrong precinct requires dismissal. McLennan County’s website at mclennan.gov provides precinct information — verify your specific property address before every filing. One additional item to note: Precinct 2 adopted hybrid eviction hearings (in-person and remote via YouTube) effective January 1, 2026. If your eviction proceeds to hearing in Precinct 2, confirm current hearing format procedures with the court before the hearing date.

Baylor University and the Student Rental Market

Baylor University is the nation’s largest Baptist university, with an enrollment of approximately 20,000 students on its Waco campus. While smaller than Texas A&M or Texas Tech, Baylor generates meaningful off-campus rental demand, particularly in the University Parks, South Waco, and Baylor neighborhood areas within walking or cycling distance of campus. Baylor students have a distinctive profile from the typical large state university student market: many come from higher-income Texas and national families, are accustomed to higher-quality housing, and are subject to a university Honor Code that emphasizes personal responsibility.

From a practical standpoint, the Baylor student market behaves similarly to other university markets in Texas: guarantors are essential for tenants without independent income, the academic calendar drives lease cycles (August to July being the standard), and wear-and-tear on student units is elevated relative to professional tenants. However, the Baylor market is somewhat more manageable than a state flagship market because the student population is smaller, the campus is more contained, and the surrounding neighborhoods are more established and less transient. Properties in the dedicated Baylor neighborhood typically achieve occupancy rates of 95%+ during the academic year and face the familiar summer gap that university markets everywhere experience.

Baylor also employs a substantial faculty and staff population — several thousand people — who represent an excellent long-term tenant demographic. University employees with permanent positions at Baylor are deeply committed to the Waco area and make highly stable renters. Properties in the Woodway area and in higher-quality Waco neighborhoods are particularly well-suited to attract faculty and administrative staff who want more space and a quieter environment than the student-adjacent neighborhoods near campus provide.

The Magnolia Effect: Tourism, Short-Term Rentals, and Downtown Waco

Chip and Joanna Gaines, through the Magnolia brand and its flagship Magnolia Market at the Silos on Webster Avenue, transformed Waco’s national profile and created a tourism economy that the city had never previously experienced at scale. On any given weekend, Magnolia Market draws tens of thousands of visitors to downtown Waco, many of whom need accommodations. The result has been an explosion of short-term rental activity in the neighborhoods surrounding the Silos, downtown, and the Baylor area. Airbnb hosts in Waco’s prime locations have reported occupancy rates and nightly rates that rival much larger Texas markets, and the platform has attracted significant investment in properties purchased specifically for STR operation.

For a landlord considering whether to operate a property as a short-term rental versus a conventional long-term rental, several factors are worth weighing carefully. STR income in high-demand Waco locations can significantly exceed conventional rental income — a well-located one-bedroom near the Silos might generate $2,500–$3,500/month gross in peak season, versus $1,200 as a conventional rental. However, STR operation requires significantly higher management effort, is subject to city regulation that has evolved in response to the STR boom, and carries vacancy risk in the off-season that conventional rentals do not. Verify current City of Waco STR requirements, including any registration, zoning, and insurance requirements, before committing to STR operation.

Waco’s Healthcare Sector: A Stable Tenant Base

Baylor Scott & White Medical Center–Hillcrest in Waco is one of the largest employers in McLennan County, along with Ascension Providence and several other hospital and specialty care facilities. The healthcare sector in Waco employs thousands of nurses, physicians, technicians, and administrators who represent a premium long-term rental demographic. Healthcare workers at a major medical center have predictable schedules, stable income, professional standards that generally translate to responsible occupancy, and a practical interest in long-term lease stability. Properties within a reasonable commute distance of the medical corridor on Waco’s south side are well-positioned to attract this tenant demographic.

The manufacturing sector is also a significant employer in McLennan County, with major facilities operated by companies including Sanderson Farms, Cargill, and others in the food and beverage, plastic goods, and industrial manufacturing sectors. Manufacturing workers at stable facilities make reliable tenants in the more affordable Bellmead, Lacy-Lakeview, and east Waco rental markets, though they carry more income cyclicality risk than healthcare workers during downturns or plant reductions.

Waco’s Suburban Markets: Woodway, Hewitt, and the South Corridor

Woodway and Hewitt, two independent cities immediately west and south of Waco respectively, represent the county’s most desirable suburban residential markets. Woodway in particular is home to upper-middle and professional-class families who prioritize Midway ISD — one of the highest-rated school districts in the region — over proximity to Waco’s urban core. Single-family rental homes in Woodway and Hewitt attract long-term, family-oriented tenants with strong income profiles and very low turnover. Rents in these communities run somewhat higher than Waco proper for comparable square footage, and the investment profile is more appreciation-oriented than cash-flow-oriented.

The I-35 south corridor between Waco and Hillsboro, particularly the Lorena area, is experiencing growing residential demand from commuters who work in Waco but prefer to live further south in lower-density communities. This is a relatively new growth area and represents an opportunity for early-mover investors willing to hold properties in a market that is still establishing its long-term rental price levels.

Security Deposits and Documentation

At Waco rent levels of $1,030–$1,074/month for a one-bedroom, security deposits typically run $900–$1,100. Texas requires return with written itemized accounting within 30 days of tenant surrender of possession. The bad-faith penalty of $100 plus three times the wrongfully withheld amount creates real financial exposure for landlords who handle deposits carelessly — at typical Waco deposit levels, a bad-faith finding could cost $3,200 or more in statutory penalties before attorney’s fees. In the Baylor student market, where many tenants are legally sophisticated (or have legally sophisticated parents), deposit disputes are disproportionately common. Document unit condition with dated photos at move-in and move-out, mail accounting by certified mail within the 30-day window, and itemize every deduction with receipts or written estimates.

This page is provided for general informational purposes only and does not constitute legal advice. Texas landlord-tenant law changed significantly on January 1, 2026. McLennan County Precinct 2 has adopted hybrid eviction hearings effective January 1, 2026 — confirm current hearing procedures with that court before filing. Evictions filed in the wrong precinct will be dismissed — verify your precinct at mclennan.gov before filing. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.

🗺️ Neighboring Counties
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Landlord-tenant law is subject to change and may vary based on individual circumstances. Major changes to Texas eviction law took effect January 1, 2026. McLennan County Precinct 2 now conducts eviction hearings in hybrid format (in-person and remote) — confirm procedures before filing. Eviction cases filed in the wrong precinct will be dismissed — verify your precinct at mclennan.gov before filing. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.

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