Laws by state / Texas

Texas landlord and tenant rules

The figures that decide most disputes between Texas landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research
RuleTexasStatuteTool
Maximum security depositNo statutory limitTex. Prop. Code § 92.103; § 92.107Deposit rules
Deposit return deadlineRefund (and itemized deductions) on or before the 30th day after the tenant surrenders the premises; the landlord is not obligated until the tenant provides a written forwarding address (§ 92.107)Tex. Prop. Code § 92.103; § 92.107Deposit rules
Interest on the depositNot requiredTex. Prop. Code § 92.103; § 92.107
Maximum late fee12% of monthly rent after a 2-day grace periodTex. Prop. Code § 92.019Late fee calculator
Landlord notice, month-to-month30 daysTex. Prop. Code § 91.001; § 24.005Notice calculator
Tenant notice, month-to-month30 daysTex. Prop. Code § 91.001; § 24.005Notice calculator
Rent increase noticeNo statuteTex. Prop. Code § 91.001; § 24.005Notice calculator
Pay-or-quit notice3 daysTex. Prop. Code § 91.001; § 24.005Notice calculator
Rent increase capNone statewide

Security deposits in Texas

Texas sets no statutory limit on the size of a security deposit. The deposit must be returned refund (and itemized deductions) on or before the 30th day after the tenant surrenders the premises; the landlord is not obligated until the tenant provides a written forwarding address (§ 92.107). No interest is owed on the deposit under state law. Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney fees (§ 92.109). Mailing postmarked by the deadline counts as timely (§ 92.1041). Text read on texas.public.law (verbatim mirror) because the official statutes site now requires JavaScript. Full deposit rules and move-out checklist.

Late fees in Texas

Texas caps late fees at 12% of the monthly rent. Rent must be at least 2 days late before any fee may be charged. Calculate the maximum fee.

Notice periods in Texas

A Texas landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, the landlord must serve a 3-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Texas?

There is no statutory cap in Texas; the market and the lease decide. Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney fees (§ 92.109). Mailing postmarked by the deadline counts as timely (§ 92.1041). Text read on texas.public.law (verbatim mirror) because the official statutes site now requires JavaScript.

What is the maximum late fee for rent in Texas?

12% of monthly rent. Late fee must be in the written lease, be reasonable, and may be charged only after any portion of rent has remained unpaid two full days after the due date. A fee is presumed reasonable if it does not exceed 12% of the rent for the period in a structure with 4 or fewer units, or 10% in a structure with more than 4 units; it may combine an initial fee and a daily fee. Violation: $100 plus three times the improper fee plus attorney fees.

How much notice does a landlord have to give a tenant to move out in Texas?

30 days’ written notice for a month-to-month tenancy. At least one month's notice by either party; the tenancy ends on the later of the date in the notice or one month after notice is given Notice to vacate before an eviction suit: at least 3 days' written notice unless the lease sets a shorter or longer period (§ 24.005). 2025 SB 38 (effective 2026-01-01) revised Chapter 24 eviction procedures; the 3-day minimum appears unchanged but this is UNVERIFIED against the amended text.

How long is a pay-or-quit notice in Texas?

3 days. The tenant can stop the eviction by paying the full amount within that time.

Other states