Tenant Rights in Texas
Are you trying to rent an apartment in Texas? If you’re a long-term tenant, every now and then, you might find yourself in controversial situations related to your lease, security deposit, rent payments, landlord obligations, and alike. The list of circumstances when you can tremendously benefit from knowing your rights is long, but we will try to cover them all in the following article.
We already have a general guide to tenant rights on our blog, and you’re more than welcome to use it. However, as tenant rights vary from state to state, we’re launching a series of posts about landlord-tenant laws in all states across the country. This time the spotlight is on Texas!
Rental Application
Application fee: not indicated
Application fee refund: allowed under certain circumstances
Application consideration deadline: 7 days
Tenant remedies: $100, attorney fee, 3x the sum wrongfully retained
Rental agreement required: oral or written
In Texas, just like in any other state across the country, you have to fill out a rental application and submit it to your prospective landlord or property manager.
With very few exceptions, you will be charged a non-refundable application fee that is used to cover expenses like verifying your rental history, credit, etc. Under Texas law, there is no limit on how much a landlord may charge per rental application. Usually, this sum is between $15 to $50 per applicant.
Texas landlord-tenant law specifies that a renter should consider an application rejected if there is no notification of acceptance after seven days since the owner receives the application. If the seventh day falls on a holiday or weekend, the deadline is extended until the next business day.
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If the property owner fails to explain the selection criteria, the tenant has the right to request a return of the application fee and application deposit (if any). To do this, they should send the owner a demand letter by certified mail. This letter should clearly state the address of where to send the returned application (and deposit) fee and a statement that money should be returned within ten days before the renter starts pursuing legal remedies.
Security Deposit
Pet deposit maximum: not indicated
Security deposit maximum: not indicated
Security deposit interest: no
Return deposit deadline: 30 days
Itemized list of charges & damages: required
Landlord move-out inspection: not required
Texas state laws do not regulate how much a landlord can charge for a security deposit or pet deposit. As a tenant in Texas, you have the right to get your security deposit back (either the whole amount or a part of it) within 30 days after you have moved out. If you are not sure about the amount of security deposit that should be returned to you by the landlord, you have the right to demand an itemized list of all deductions and charges.
Property owners in Texas are allowed to keep the security deposit (either partially or in full) if you break a lease, cause damage to property that exceeds normal wear and tear, owe some part of the rent, or fail to give prior notice about moving out.
Suppose the property owner makes an attempt to withhold a security deposit wrongfully. In that case, they might be responsible for paying attorney’s fees and a fine in the equivalent of three times the amount of the security deposit. This might happen if the landlord fails to provide a tenant with an itemized list of damages but keeps a part of the security deposit anyway.
Security and Comfort
Smoke detectors: required
Carbon monoxide detectors: required if there is a CO source in the house
Lock and key requirements: change of locks within seven days upon move-in
Texas tenant rights require all rental dwellings are required to have particular safety and security devices. For instance, all exterior doors must have a doorknob lock or a keyed deadbolt, a keyless lock, and a peephole. There must also be a pin lock and a door handle latch or security bar if you have sliding glass doors in your rental.
The landlord or property manager must change locks every time in between tenants, even if they were the ones who occupied the property before a new renter. And, if the property owner fails to change the keys after previous tenants, you have the right to do it yourself and deduct the cost from your next rental payment.
All rental properties must be equipped with smoke alarms installed by the property owner. Tenants, in their turn, are responsible for replacing batteries and ensuring that alarms are in proper condition. Additionally, if your rental property uses fuel-burning or gas appliances or has an attached garage, you must have an installed CO alarm.
Rental Payments
Maximum rent: not indicated
Rent increase: allowed with a one-month notice for those renting month by month; not allowed until the lease ends for those renting long-term
Late fees: allowed if mentioned in a lease agreement
Late payment grace period: 2 days
Maximum deductible cost of repairs: $500 or one month’s rent
As there are no communities with rent control in Texas, no minimum or maximum rent is set in the state. It’s forbidden for landlords to raise the rent in a discriminatory manner (based on your race, religion, gender, etc.). Neither is it legal for the landlord to initiate a rent increase in response to your legitimate complaint to a housing agency.
If a tenant fails to pay rent on time, landlords in Texas may charge an initial fee and a daily fee for each day the rental payment is late. A late fee cannot exceed 10% of the monthly rent if your building has more than four units and 12% for less than four units.
It’s worth mentioning that a late fee provision has to be included in a written lease — otherwise, your landlord has no right to charge you late fees. Also, according to the landlord-tenant law, there is a two-day grace period for the late payments, which means the landlord cannot charge you late fees if you pay your rent or some part of it with a one day delay.
As a tenant in Texas, you have the right to live in a rental property that meets general health, safety, and structural standards. If your landlord fails to take care of basic maintenance, you have the right to fix the problem at your own cost and deduct the sum from your monthly rent. However, you must first give your landlord a prior written notice and keep the total cost of repairs under $500 or the equivalent of one month’s rent — whichever is greater in your particular case. If you decide to utilize your right to repair and deduct, consider consulting an attorney first, as it might be a bit tricky.
Lease Terminations
Notice to terminate lease: 1 month (unless the lease states otherwise)
Eviction notice for not paying rent: 3 days
If you have a yearly lease, you have the right to at least one month’s notice. If you have a month-to-month lease, it should also be at least one month unless you’ve made a different agreement with your landlord.
Unless your lease says otherwise, you have the right to at least three days’ notice to move out if you fail to pay rent on time.
Tenant rights in Texas allow certain tenants to break a lease earlier if one of the following situations occurs:
- you are forced to enter active military service,
- you are a victim or a parent of a victim of stalking or sexual assault,
- the rental unit you’re living in is not safe and violates Texas Health and Safety Code,
- the landlord violates your privacy rights or harasses you.
As Texas requires landlords to mitigate damages, your property manager must make reasonable efforts to find new tenants and dispense you with the necessity of paying rent if you need to break your lease and move out earlier.
Roommates Rights
Subletting: prohibited without prior approval of the landlord
Responsibility to cover roommate’s part of rent: yes
When you co-sign your lease with other tenants, you become co-tenants and each of you is liable to your landlord for the full amount of rent. Under Texas laws, if your co-tenant fails to pay rent for a particular month, or even worth, moved out owing rent, you are responsible for paying the entire amount of rent on your own. Otherwise, your landlord can end your tenancy legally after giving you prior notice.
Official Documents on Tenant Rights in Texas:
Landlord and Tenant General Provisions
Landlord and Tenant — Residential Tenancies
Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only, and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.
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April 14, 2023
I am a section 8 renter of 4yrs
Every year in April my lease is up for renewal
This year I didn’t receive one and my landlord said he forgot..not only that he said the property is under contract to be sold and this took place in May and that he can’t renew or take any new leases at this time and that he’s sorry he forgot to renew mine when it was due in April
What can I do??
My house I’m renting is going up for sale.. Me lease is up end of November. Can the legally show the house I’m living inn before my lease is up? That would be breaking contract right?
Consult your lease. It will likely have that question answered. If not, you might work it out with your current landlord. They will need to show the house in order to sell it.
Is there a such thing as a first time renters fee? I applied for an apartment, already paid my application fee and security deposit of $200…I received my move in date along with my prorated rent amount. Never was told upfront initially when I did my application and paid about a first time renters fee. Now that its close to my move-in, I’ve been told by another person in this leasing office that due to miscommunication my move-in date has been moved back and I need to pay an additional $300 for a first time renters fee, along with my prorated rent amount. I never signed a selection criteria for renting upon submitting my application along with app fee and security deposit. Can they legally do this?
Hello,I am considered about the property owner just letting them self in the dwelling with no notice.
This for me sounds like A big invasion of our privacy.
If I told my landlord that I am moving out before my lease and they put the property up for sale instead of for rent. Am I still liable for the remainder of my lease?
What is considered normal Wear and Tear?
I lived in an apartment from the time it opened up for leasing, until moving out, which was a total of 4 years. Each time at lease renewal, I asked the manager of the property if the apartment offered a carpet cleaning and/or fresh coat of paint. The manager replied “No”. Now I am being charged for carpet replacement along with other trumped up charges after moving out (after submitting a 30 day notice in a timely manner/ thoroughly cleaning the apartment after move out). I also never got my deposit back. Does anyone have advice on this issue??
If I told my landlord that I am moving out before my lease and they put the property up for sale instead of for rent. Am I still liable for the remainder of my lease?
Take the landlord to small claims court for your security deposit and add in filing fees. This is how landlords work, they keep the deposit claiming carpet replacement, etc thinking most will not try to get what is rightfully their’s returned.
To answer your first question. normal wear and tear of a carpet is usually just the carpet looking/feeling smooshed in a few places. This usually occurs in the high traffic areas of your apartment. It is normal to walk over a spot on a carpet so often that it causes that part of the carpet to get compact. It is not normal to cause holes in a carpet nor is it normal to stain a carpet and allow the stain to set.
When you moved in to your apartment, the carpet should have been in good condition either because new carpet was installed or because the carpet was able to be professionally cleaned to a point of being as-good-as-new. If it wasn’t in good condition, you should have pointed this out upon inspection of the unit and noted it on the proper document on the lease.
As long as you keep the carpet in good condition, you are not liable for replacing the carpet. This is why pictures, with time stamps, upon moving out are always valuable evidence. If you had to go to court, the court would require this as evidence that you kept the carpet in good condition and are not liable for the cost of replacement.
If the carpet was in bad condition and you noted it on the lease (this is why you should always ask for a copy of the lease when you first signed) then this is your proof that you are not liable for the cost of a new carpet because you were not the cause for the condition of the carpet.
If the carpet was in bad condition and you did not note it on the lease, the courts will assume that the carpet was in good condition since there is no proof to show otherwise. You will be held liable for the cost of a new carpet and the landlord can also ask the court to have you pay their legal expenses on top of that.
Since you asked the manager during each year’s lease renewal if carpet cleaning was offered, you are admitting to the carpet being in bad condition while under your care. Unless you noted the carpet’s bad condition on your original lease, then you are liable for the cost of replacing the carpet since you are the reason the carpet is bad. Landlords are not required to replace or clean anything free-of-charge unless they are the reason replacement or cleaning is needed.
If you took your landlord to court and they found the posting you left on this site, the post would be the evidence that they need to show you knew that the carpet was in bad condition making your claim to “trumped up charges” a lie. That would be enough to throw your case out of court and your landlord to request from the court that you cover any court costs.
So I gave a certified 30day notice to vacate to my tenants as they have being very destructive to my property and have failed to make payment. What are my rights as a landlord?
We want to move out ASAP and my lease is up on May 31, 2019. My landlord is selling the house which may provide a quick end-game for me. If the house is sold do I need to continue to pay rent? Do I still have to wait 30 days to get my deposit back if the house is sold, won’t the new owners (who are not going to have renters) take care of any maintenance issues that the deposit might be used for.
Can landlord keep security/holding deposit if no paperwork or lease is signed “none” at all and future tenant decides they do not want to move in wo days after giving said deposit to landlord?
If a lease has not been signed and i decide to sell my property, however family members do live there but is not paying any bills, rent,utilities etc. do i have to evict them or can i just give them a notice of intent to sell the property and have them move out by the closing date even if the house sell within 30 days.
Hello,
Can your landlord refuse to provide rental verification for any reason?
Can a landlord give you a three day notice to move based on something on your criminal background after you were approved, signed a lease and had moved in days earlier? We disclosed my husband had something on his record from 15 years ago to the leasing agent when we applied. He said it was no problem. We were approved 3 days later and signed a lease 2 days after that. 6 days after moving in we got a 3 day notice to move saying we owed rent. When I called and talked to the assistant manager she said it was because something came through on my husband’s background check.
In Texas must you provide the physical address of landlord and their DL on the lease agreement? Is a p.o box address ok?
Security deposit paid, lease never executed. Can the landlord keep the security deposit?
Hi Jerre,
Did you sign the lease agreement itself and what were the terms regarding the security deposit and moving in info?
No Landlord cannot keep the security deposit. You should seek help from an attorney i think.
The point of the security deposit is to cover damages to an apartment or to cover unpaid rent for the apartment. If the lease was never executed then the landlord has no right to the security deposit. In most rental situations though, money isn’t exchanged until the keys are also ready to be exchanged.
Can a landlord share your rental app and lease copies with a third party after you move like a collection agency they mailed me copies which they got from my landlord.
Hi Partice,
Thanks for your question. The answer to your question depends greatly on the situation. If you failed to pay rent on time and owe your landlord money, then he/she is allowed to refer to a collection agency and provide them with a lease copy as a proof of your debt and responsibility to pay it off. Assuming your landlord used a collection agency in an attempt to recover debts owed, then there is nothing illegal about his/her actions.