Texas Landlord Law Guide
Texas is friendly to landlords, but it still draws hard lines. Cross one and the Property Code usually sets the penalty for you, often a month’s rent plus a fixed amount and the tenant’s attorney’s fees.
In Texas, a landlord cannot lock a tenant out without following §92.0081, shut off utilities outside narrow exceptions, remove a tenant without a court-ordered writ, retaliate against a tenant for requesting repairs, charge late fees beyond the legal limits, keep a deposit without an itemized list, or discriminate against a protected class. Most lease clauses that waive these rules are void.
Texas is one of the few states that lets a landlord change the locks on a tenant who is behind on rent. It only works if every condition in §92.0081 is met:
When you change the locks, you must post a notice on the front door with a 24-hour location or phone number where the tenant can get a key, delivered within two hours of calling. The tenant gets the key whether or not they pay.
You also cannot change the locks while someone is inside, more than once in a rental period, when no one is available to provide a key that day or the next, or in a way that shuts the tenant out of common areas.
A landlord cannot interrupt utilities the tenant pays for, or water, wastewater, gas or electricity the landlord furnishes, unless the interruption comes from bona fide repairs, construction or an emergency (§92.008). Turning off water to push a tenant out, or to collect rent, is exactly what the statute prohibits.
There is one narrow exception. If you submeter or allocate electricity, the lease allows disconnection, and the electric bill (not rent) is unpaid 12 days after it was issued, you may disconnect after a separate electricity termination notice. You cannot disconnect on extreme weather days or when a medical hardship and payment plan apply, and you must reconnect within two hours of payment, with a reconnection fee capped at $10.
The rule runs both ways. If you agreed to pay a utility and let it lapse, §92.301 lets the tenant pay it and deduct the cost from rent, or end the lease.
Texas does not allow self-help eviction. Removing doors, taking a tenant’s belongings, or physically putting someone out is not legal, no matter how far behind they are. The only way to remove a tenant who will not leave is:
Even with a writ, the officer handles removal, and property cannot be placed outside while it is raining, sleeting or snowing (§24.0061). Our Texas eviction process guide covers the Harris County steps.
The landlord’s lien in Chapter 54 lets you take a tenant’s nonexempt property for unpaid rent, but only if the lease states the lien in conspicuous bold or underlined print, the seizure happens without a breach of the peace, and you leave an itemized list inside the unit. Clothing, tools of a trade, beds, kitchen items, a vehicle and many other items are exempt.
Selling seized property requires at least 30 days’ notice by both first-class and certified mail, and the tenant can redeem it before the sale. A willful violation costs one month’s rent plus $1,000 and damages (§54.046).
Abandoned property is handled by the lease. Chapter 92 lets you remove the contents of a unit the tenant has abandoned, but it does not set a statewide disposal waiting period for residential rentals. The 60-day certified mail rule people often quote applies to commercial leases, not homes and apartments. More in breaking a lease in Texas.
Texas prohibits retaliating against a tenant who, in good faith, requests repairs, exercises a legal remedy under the lease or statute, or complains to a government agency about a code violation (§92.331). Retaliation includes filing an eviction, cutting services, raising rent or ending the lease in response, generally within six months of the tenant’s action.
The statute does not stop you from evicting a tenant who is behind on rent, damaged the unit, or threatened other residents. What it prohibits is using those tools because a tenant asked for a legitimate repair. Document your reasons for any adverse action, especially soon after a repair request.
A late fee must be in a written lease, must be reasonable and cannot be charged until rent is unpaid two full days after the due date. A fee up to 12% of rent (four or fewer units) or 10% (more than four units) is presumed reasonable. An unlawful fee costs $100, three times the fee and attorney’s fees (§92.019). Details in our Texas late fee law guide.
You cannot hold a deposit past 30 days after move-out and a written forwarding address, deduct for normal wear and tear, or withhold without an itemized list. Bad faith costs $100, three times the amount withheld and attorney’s fees (§92.109). See our security deposit laws guide.
Once a current tenant gives proper notice of a condition that materially affects health or safety, you must make a diligent effort to repair it, with seven days presumed reasonable. You must also rekey exterior locks within seven days after each turnover and keep required security devices and smoke alarms working. See Texas landlord repair laws.
Federal and Texas fair housing law bar discrimination based on race, color, religion, sex, familial status, national origin and disability, including refusing reasonable accommodations. Texas also treats discrimination based on hair texture or protective hairstyles as race discrimination (§301.0045). Screening criteria should be written, consistent and given to every applicant (§92.3515).
A lease cannot fix any of the problems above by contract. Most waivers of Chapter 92 rights are void, and some illegal waivers carry their own penalties. The same goes for the landlord’s duty to mitigate damages when a tenant leaves early, which §91.006 says cannot be waived.
The list above is shorter than in many states. Texas landlords can:
That flexibility is why many investors consider Texas landlord-friendly. See is Texas a landlord-friendly state for the full picture, or the Texas landlord-tenant law hub for every rule in one place.
This guide is general information for Texas landlords, not legal advice. Laws change and every lease is different, so talk to a Texas real estate attorney about your situation.
Our property managers keep Houston rentals compliant, from leases and notices to repairs and evictions.
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Yes, for nonpayment only, and only if the lease allows it, the tenant is delinquent, advance written notice was given (five days by mail or three days by hand delivery or inside-door posting) and a new key is available 24 hours a day within two hours of a call, whether or not the tenant pays.
Not to force out a tenant or collect rent. Utility interruptions are allowed only for bona fide repairs, construction or emergencies. The narrow exception for unpaid submetered electricity has its own notice rules and never applies to unpaid rent.
Texas has no statute requiring notice before entry, so the lease controls. See our entry guide for how to write and follow an entry clause.
Only under the landlord’s lien rules in Chapter 54, which require bold or underlined lease language, peaceful seizure, an itemized notice and 30 days’ notice before any sale. Many types of property are exempt.
Not in retaliation for a good-faith repair request, legal remedy or government complaint. A landlord can still evict for nonpayment, damage or other lease violations that are the real reason for the case.
Leases, notices, repairs and evictions handled by a Houston property management team.
