Texas landlord and tenant rules
Seayora publishes 16 Texas rules, covering security deposits, notice periods, late fees, evictions, rent regulation, fair housing, tenant protections, repairs, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.
Texas at a glance
Security deposits in Texas
How long does a landlord have to return a security deposit in Texas?
In Texas, a landlord has 30 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. This is Tex. Prop. Code § 92.103.
Full answer and the checkable figures.
Notice periods in Texas
How many days does a tenant get to pay late rent in Texas?
In Texas, a landlord must give 3 days written notice before starting a nonpayment case. Since January 1, 2026, a tenant evicted only for nonpayment who was not late before the month of the notice must get a notice to pay rent or vacate; a tenant who was already late may get either that or a notice to vacate. The notice may go by mail, by delivery to the inside of the unit in a conspicuous place, by hand to a tenant 16 or older, or by email if the parties agreed in writing. This is Tex. Prop. Code §§ 91.001, 24.005.
No statute sets an entry-notice period — 24 hours is customary. Late rent: three days’ written notice before filing unless the lease sets another period, and many Texas leases shorten it to 24 hours.
Full answer and the checkable figures.
How much notice does a landlord have to give before raising the rent in Texas?
In Texas, a landlord must give 30 days written notice before raising the rent. This is Tex. Prop. Code §§ 91.001, 24.005.
No statute sets an entry-notice period — 24 hours is customary. Late rent: three days’ written notice before filing unless the lease sets another period, and many Texas leases shorten it to 24 hours.
Full answer and the checkable figures.
How much notice must a landlord give to end a tenancy in Texas?
In Texas, a landlord must give 30 days written notice to end a tenancy or decline to renew it. This is Tex. Prop. Code §§ 91.001, 24.005.
No statute sets an entry-notice period — 24 hours is customary. Late rent: three days’ written notice before filing unless the lease sets another period, and many Texas leases shorten it to 24 hours.
Full answer and the checkable figures.
Late fees in Texas
How much can a landlord charge for a late rent fee in Texas?
In Texas, a late fee is presumed reasonable if it is no more than 12% of the monthly rent in a building of four or fewer units, or 10% in a building of more than four; a larger fee is lawful only if it does not exceed the landlord’s uncertain damages from the late payment. A landlord may not charge a late fee unless some of the rent has remained unpaid for two full days after it was due. The percentages cover any initial charge and any daily charge combined. This is Tex. Prop. Code § 92.019.
The percentages cover any initial charge and any daily charge combined.
Full answer and the checkable figures.
Is there a grace period for paying rent in Texas?
Yes. In Texas, a landlord may not charge a late fee unless some of the rent has remained unpaid for two full days after it was due. The late fee itself is limited too: a late fee is presumed reasonable if it is no more than 12% of the monthly rent in a building of four or fewer units, or 10% in a building of more than four; a larger fee is lawful only if it does not exceed the landlord’s uncertain damages from the late payment. The percentages cover any initial charge and any daily charge combined. This is Tex. Prop. Code § 92.019.
The percentages cover any initial charge and any daily charge combined.
Full answer and the checkable figures.
Evictions in Texas
Can a landlord change the locks to force a tenant out in Texas?
No. A landlord who locks out, removes property or cuts a utility to force a tenant out is liable for one month’s rent plus $1,000, actual damages, attorney fees and costs. Tex. Prop. Code §§ 92.0081, 92.008. In Texas a tenant may be removed only through the court process, which is set by Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510.
SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours.
Full answer and the checkable figures.
How long does a tenant have to respond to an eviction case in Texas?
In Texas, the time a tenant has to respond to an eviction case is governed by Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510. A tenant need not file a written answer in Texas. The trial is set for 10 to 21 days after the petition is filed, and the tenant appears on that date.
SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours.
Full answer and the checkable figures.
What are the steps to evict a tenant for unpaid rent in Texas?
In Texas, an eviction for unpaid rent runs through 6 steps, each set by the statute or court rule beside it: (1) Give written notice to vacate, or to pay rent or vacate — Tex. Prop. Code § 24.005; (2) File a sworn petition in the justice court for the precinct where the property is — Tex. Prop. Code §§ 24.0041, 24.00505, 24.00506; (3) The constable or sheriff serves the citation — Tex. Prop. Code § 24.0051(f); (4) Trial, 10 to 21 days after filing — Tex. Prop. Code § 24.0051(g); (5) Five days to appeal — Tex. Prop. Code §§ 24.005107, 24.0053, 24.0061(b); (6) Writ of possession, executed by the constable — Tex. Prop. Code § 24.0061. SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours. The procedure as a whole is set by Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510.
SB 38 rewrote Texas eviction procedure for suits filed on or after January 1, 2026: a sworn petition, notice-delivery methods set by statute, a pay-or-vacate notice for a tenant who was never late before, five business days for the constable to serve, and a trial 10 to 21 days after filing. The three-day notice period itself is unchanged and the lease may still shorten it — many Texas leases set 24 hours.
Full answer and the checkable figures.
Rent regulation in Texas
Is there rent control in Texas?
No. Texas has no statewide rent control, and its cities and counties cannot simply adopt their own: a city may establish rent control only if its governing body finds that a housing emergency exists because of a disaster and the governor approves the ordinance, and the rent control continues or ends the same way the governor continues or ends the state of disaster. This is Tex. Loc. Gov’t Code § 214.902.
Full answer and the checkable figures.
Fair housing in Texas
Can a landlord refuse a Section 8 voucher in Texas?
Yes. Texas has no statewide law requiring landlords to accept housing vouchers, and its cities and counties cannot require it either: a city or county may not adopt or enforce an ordinance that prohibits a landlord from refusing to rent to a person because the person’s lawful source of income to pay rent includes funding from a federal housing assistance program. A local law protecting veterans is not affected, and since September 1, 2023 a property owners’ association may not stop an owner from renting to a tenant because the rent is paid with a housing choice voucher. Federal law leaves the voucher program voluntary for most landlords, but a property financed with Low-Income Housing Tax Credits may not refuse a tenant because they hold a voucher. This is Tex. Loc. Gov’t Code § 250.007; Tex. Prop. Code § 202.024.
Full answer and the checkable figures.
Tenant protections in Texas
Can a landlord retaliate against a tenant for complaining in Texas?
No. In Texas, for six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code agency or utility, or joins a tenant organization, a landlord may not retaliate by filing an eviction, cutting services, raising the rent or ending the lease. An eviction is not retaliation if the tenant is behind on rent, damaged the property, threatened someone’s safety, or materially breached the lease. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Tex. Prop. Code §§ 92.331, 92.332.
Full answer and the checkable figures.
Repairs in Texas
Can a tenant repair and deduct from rent in Texas?
Yes, within limits. In Texas, once a landlord is liable for failing to repair a condition that materially affects health or safety after the notices the Property Code requires, the tenant may in the listed situations have it repaired and deduct the cost from a later rent payment, up to one month’s rent or $500, whichever is greater, in any one month. The tenant must not have been behind on rent when notice was given, and the lease must describe these remedies in underlined or bold print. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Tex. Prop. Code §§ 92.056, 92.0561.
Full answer and the checkable figures.
Contractor sales tax in Texas
Do contractors charge sales tax in Texas?
In Texas it depends on how the contract is written. Under a lump-sum contract the contractor is the CONSUMER of the materials and charges the customer no sales tax. Under a separated or time-and-materials contract the contractor is a RETAILER of the materials and must charge the customer sales tax on them. Texas also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: 34 Tex. Admin. Code §3.291 (Contractors) and §3.357 (Nonresidential real property repair, remodeling and restoration).
Two independent axes. RESIDENTIAL repair, remodel and restoration is not taxable, and neither is new construction of any kind. NONRESIDENTIAL repair, remodel and restoration is fully taxable on labor and materials together — and for that work the lump-sum/separated distinction no longer changes the answer. The contract-type rule still governs new construction and residential work: lump-sum makes the contractor the consumer, separated makes them the retailer of the incorporated materials. Separated INVOICES do not create a separated contract unless the contract itself requires them.
Full answer and the checkable figures.
Is appliance repair taxable in Texas?
Yes. Texas taxes the LABOR on repairs to tangible personal property — an appliance, a boiler or a unit that never becomes part of the building — as well as the parts. This is a different question from work on the real property itself: the same technician on the same visit can be doing taxable work on an appliance and differently treated work on the structure, and the invoice has to tell them apart. Source: 34 Tex. Admin. Code §3.291 (Contractors) and §3.357 (Nonresidential real property repair, remodeling and restoration).
Two independent axes. RESIDENTIAL repair, remodel and restoration is not taxable, and neither is new construction of any kind. NONRESIDENTIAL repair, remodel and restoration is fully taxable on labor and materials together — and for that work the lump-sum/separated distinction no longer changes the answer. The contract-type rule still governs new construction and residential work: lump-sum makes the contractor the consumer, separated makes them the retailer of the incorporated materials. Separated INVOICES do not create a separated contract unless the contract itself requires them.
Full answer and the checkable figures.
Is contractor labor taxable in Texas?
It depends on the property. Texas taxes the LABOR on repair and maintenance work to COMMERCIAL or non-residential real property, but not the same work on residential property. Repair and maintenance is not the same thing as a capital improvement, which is exempt to the customer in Texas — the classification of the job is what decides the tax, not the wording on the invoice. Source: 34 Tex. Admin. Code §3.291 (Contractors) and §3.357 (Nonresidential real property repair, remodeling and restoration).
Two independent axes. RESIDENTIAL repair, remodel and restoration is not taxable, and neither is new construction of any kind. NONRESIDENTIAL repair, remodel and restoration is fully taxable on labor and materials together — and for that work the lump-sum/separated distinction no longer changes the answer. The contract-type rule still governs new construction and residential work: lump-sum makes the contractor the consumer, separated makes them the retailer of the incorporated materials. Separated INVOICES do not create a separated contract unless the contract itself requires them.
Full answer and the checkable figures.
Sources
- 34 Tex. Admin. Code §3.291 (Contractors) and §3.357 (Nonresidential real property repair, remodeling and restoration).
- Tex. Loc. Gov’t Code § 214.902
- Tex. Loc. Gov’t Code § 250.007; Tex. Prop. Code § 202.024
- Tex. Prop. Code § 92.019
- Tex. Prop. Code § 92.103
- Tex. Prop. Code §§ 24.005, 24.00505, 24.0051, 24.005107, 24.0053, 24.0061, 92.0081; Tex. R. Civ. P. 510
- Tex. Prop. Code §§ 91.001, 24.005
- Tex. Prop. Code §§ 92.056, 92.0561
- Tex. Prop. Code §§ 92.331, 92.332
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.
This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.
How Seayora uses these rules
Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.
Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.
Late fees. Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.
Evictions. Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.
Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.
Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.
Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.
Repairs. Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.
Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.
Compare Texas with every other state
- How the interest works in all 14 states
- Maximum deposit in all 30 states
- Deadline to return the deposit in all 49 states
- Notice before entry in all 24 states
- Notice before a nonpayment case in all 49 states
- Notice to end a tenancy in all 48 states
- Notice before a rent increase in all 29 states
- Maximum late fee in all 17 states
- Grace period before a late fee in all 14 states
- Application fee limit in all 12 states
- The first step in all 22 states
- Time to respond in all 22 states
- The rule on lockouts in all 22 states
- Cause needed to end a tenancy in all 5 states
- Rent control in all 33 states
- Housing vouchers in all 30 states
- Retaliation period in all 39 states
- Repair and deduct in all 19 states
- Labor on an appliance repair in all 20 states
- Capital improvement in all 8 states
- Repair labor on real property in all 15 states
- How the contractor is treated in all 51 states
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