Texas Landlord-Tenant Laws

N/A

• Landlord may deduct for damages tenant is legally liable for under lease
• Landlord may deduct for charges resulting from tenant breaching lease
• CANNOT deduct for normal wear and tear
• Must provide written description and itemized list of all deductions
• Itemization required if tenant paid all rent and no rent controversy exists
• +1 more requirements

30-day deadline triggers presumption of bad faith

• Bad faith retention triggers penalties
• Landlord who fails to return deposit OR provide itemized list within 30 days = PRESUMED bad faith
• Tenant can recover: $100 + (3x wrongfully withheld portion) + attorney's fees
• Landlord has burden of proving retention was reasonable
• Bad faith landlord forfeits right to withhold ANY portion of deposit
• +2 more requirements

Upon transfer of ownership

• New owner liable for security deposits from date title acquired
• Applies regardless of whether tenant receives notice of transfer
• Former owner remains liable until new owner provides written acknowledgment to tenant
• Written acknowledgment must state: new owner's name and address where notices may be sent
• Applies to transfers by sale, assignment, death, receivership, bankruptcy, or otherwise

Reasonable time for estate representative to come forward

• Applies when sole occupant tenant dies with no estate representative
• Landlord may enter premises to care for or retrieve deceased tenant's property
• Landlord may dispose of personal property after reasonable time
• Security deposit: landlord deducts allowed charges, mails refund to next of kin or lease address
• Landlord must allow reasonable time for estate representative to come forward before disposing property

At least 3 days before filing eviction suit

• Landlord must give at least 3 days' written notice to vacate before filing eviction
• Applies to tenant defaults, holdovers, tenants at will, or by sufferance
• Lease may specify shorter or longer notice period
• Notice period calculated from day notice is delivered
• Notice may be given: in person, by mail, or by affixing to door (with specific requirements)
• +1 more requirements

Minimum 3 days (unless lease specifies different period)

• Minimum 3 days' written notice to vacate required (unless lease specifies shorter/longer)
• If landlord previously gave written notice rent is due, may include 'pay or vacate' demand
• Notice must specify date and time to pay or vacate
• Tenant who paid rent on time previous month must receive 'pay rent or vacate' option
• Tenant who was late previous month: landlord may choose either 'pay or vacate' OR 'notice to vacate'
• +1 more requirements

Writ issued no sooner than 6 days after judgment; 24-hour notice before execution

• Writ of possession cannot be issued until at least 6 days after landlord wins judgment
• Tenant has 5 days after judgment to vacate or file appeal
• Law enforcement officer (constable or sheriff) executes the writ
• Officer posts 24-hour notice on property before removing tenant
• Only law enforcement can physically remove tenant and possessions
• +2 more requirements

Must be raised timely in eviction proceeding

• Common defenses include:
• - Improper notice or insufficient notice period
• - Landlord retaliation (within 6 months of protected activity)
• - Discrimination (Fair Housing Act violations)
• - Landlord failed to make repairs affecting health/safety
• +4 more requirements

Immediate - tenant can seek emergency court order

• If unlawfully locked out, tenant may:
• 1. Recover possession of premises
• 2. Recover civil penalty: 1 month's rent + $1,000
• 3. Recover actual damages
• 4. Recover attorney's fees and court costs
• +3 more requirements

N/A

• Landlord CANNOT interrupt utilities paid by tenant to utility company except for bona fide repairs, construction, or emergency
• Landlord CANNOT interrupt utilities provided by landlord except for bona fide repairs, construction, or emergency
• Applies to water, wastewater, gas, and electric service
• Interruption to force tenant to move out is ILLEGAL
• Interruption as retaliation for tenant exercising rights is ILLEGAL

Reasonable time to repair after receiving notice

• Landlord must make diligent effort to repair conditions that materially affect health or safety
• Tenant must give notice to person/place where rent is paid
• Tenant must not be delinquent in rent
• Landlord does NOT have duty to repair if tenant/guest/family caused damage (unless normal wear and tear)
• Condition must materially affect physical health or safety of ordinary tenant
• +2 more requirements

Reasonable time for landlord to repair, then 7 additional days after inspector report

• Tenant may repair and deduct if ALL conditions met:
• 1. Tenant gave proper notices to landlord
• 2. Landlord had reasonable time to repair
• 3. Landlord has not made diligent effort
• 4. Housing/building/health inspector confirmed condition affects health/safety
• +4 more requirements

6-month protection period after tenant exercises protected right

• Landlord CANNOT retaliate within 6 months if tenant:
• - Exercises right/remedy under lease, ordinance, or statute
• - Requests repairs
• - Complains to government agency about code violations
• - Joins or participates in tenant organization
• +6 more requirements

Within reasonable time of tenant request (typically 7 days)

• Required security devices landlord must provide:
• - Window latches on accessible windows
• - Keyed deadbolt on exterior doors (with 1-inch throw)
• - Sliding door pin locks or security bars
• - Door viewers (peepholes)
• +5 more requirements

One full rental period (typically 30 days) from date notice given

• Either landlord or tenant may terminate month-to-month tenancy with notice
• If rent paid monthly: one month notice required
• Termination date is later of: (1) date stated in notice, or (2) one month after notice given
• If rent paid weekly: one week notice required
• If rent paid more often than monthly: notice period equals the rent-paying period
• +2 more requirements

Lease ends on date specified in lease agreement

• Fixed-term leases (e.g., 6 months, 1 year) automatically expire on the end date
• Landlord CANNOT terminate early without cause (e.g., tenant breach)
• Tenant CANNOT terminate early without cause (unless lease allows)
• Common early termination provisions:
• - Military deployment (federal SCRA)
• +4 more requirements

Termination effective on later of: tenant move-out date or 30 days after notice

• Victim of family violence may terminate lease if:
• - Violence committed by co-tenant or occupant
• - Tenant provides written notice and documentation
• Required documentation (one of following):
• - Protective order
• +6 more requirements

Termination effective on later of: tenant move-out date or 30 days after notice

• Victim may terminate lease if:
• - Sexual assault/stalking occurred within past 6 months
• - Assault occurred on premises OR against tenant/tenant's child
• - Tenant provides written notice and documentation
• Required documentation (one of following):
• +7 more requirements