Key Takeaways
- Texas Property Code Chapter 92 governs residential landlord-tenant relationships
- Landlords must provide security devices: deadbolts, window latches, peepholes, and sliding door pins/bars
- Security deposits must be returned within 30 days of move-out with itemized deductions
- Landlords have a duty to repair conditions affecting health or safety after proper notice
- Texas landlords can change locks on tenants who are delinquent on rent (with restrictions)
Texas Landlord-Tenant Law
Texas Property Code Chapter 92 governs residential landlord-tenant relationships. Understanding these laws is important for license holders involved in property management and rentals.
Security Deposits
Requirements
| Rule | Description |
|---|---|
| No limit | Texas does not cap security deposit amounts |
| Not a "last month's rent" | Cannot be applied as rent without landlord consent |
| Written itemization | Required if deductions are made |
| Return deadline | 30 days after move-out |
Returning the Deposit
The landlord must, within 30 days of move-out:
| Action | Requirement |
|---|---|
| Return full deposit | If no deductions |
| Return with itemization | If deductions made |
| Provide forwarding address | Tenant must provide |
| Bad faith penalty | 3x wrongfully withheld amount + $100 |
Key Point: If the tenant doesn't provide a forwarding address, the landlord's duty to return the deposit is suspended.
Security Devices
Landlords must provide and maintain security devices:
| Device | Requirement |
|---|---|
| Deadbolt on exterior doors | Required (except sliding doors) |
| Door viewer (peephole) | Required on exterior doors |
| Window latches | Required on all windows |
| Sliding door handle latch | Required |
| Sliding door pin lock | Required (or security bar) |
| Keyless deadbolt | Required on at least one exterior door |
Tenant's Right to Repair
If landlord fails to install or repair security devices:
- Tenant gives written notice
- Landlord has 7 days to comply
- If no compliance, tenant may install and deduct cost (up to $500)
Repair Duties
Landlord's Duty to Repair
Landlords must make repairs that:
| Condition | Landlord Must Repair |
|---|---|
| Affects health or safety | Yes |
| Results from normal wear | Yes |
| Is tenant's fault | No |
| Was disclosed before lease | Maybe not |
Repair Procedure
| Step | Requirement |
|---|---|
| 1. Notice | Tenant gives written notice of problem |
| 2. Time to repair | Reasonable time (usually 7 days) |
| 3. If not repaired | Tenant has remedies |
Tenant's Remedies
If landlord fails to repair:
| Remedy | Description |
|---|---|
| Repair and deduct | Hire someone, deduct from rent |
| Rent reduction | Court can order reduced rent |
| Terminate lease | For serious conditions |
| Actual damages | Sue for losses |
Lockouts
When Landlord Can Change Locks
Texas allows landlords to change locks on delinquent tenants:
| Requirement | Details |
|---|---|
| Rent must be delinquent | At least one day late |
| Written notice | Must be posted on door |
| 24-hour key access | Landlord must provide key during certain hours |
| Tenant's belongings | Cannot remove or withhold |
Warning: This is a self-help remedy unique to Texas. Many other states prohibit landlord lockouts without court order.
Eviction Process
Notice Requirements
| Reason | Notice Required |
|---|---|
| Nonpayment of rent | 3 days to vacate |
| Lease violation | As specified in lease (usually 3 days) |
| Holdover tenant | 3 days to vacate |
Court Process
- File forcible entry and detainer suit
- Tenant served with citation (6 days before trial)
- Court hearing in Justice of Peace Court
- If landlord wins, writ of possession issued
- Constable executes writ (24 hours notice)
Within how many days must a Texas landlord return a security deposit after the tenant moves out?
Which security device is NOT required by Texas law for residential rental properties?
You've completed this section
Continue exploring other exams