Home · Landlord-tenant rules · Texas
Deposit, notice, and late-fee figures cited to the state statute.
| Rule | Rule text |
|---|---|
| Deposit return deadline | Except as Section 92.107 provides, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. Before returning a security deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear. If the landlord retains all or part of a security deposit, the landlord shall give the tenant the balance, if any, together with a written description and itemized list of all deductions, except when the tenant owes rent when surrendering possession and there is no controversy concerning the amount of rent owed. Tex. Prop. Code § 92.103, § 92.104. As of 2026-10-09. |
| Notice to end a tenancy | A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. If the rent-paying period is at least one month, the tenancy terminates on the later of the day given in the notice or one month after the day the notice is given. If the rent-paying period is less than a month, the tenancy terminates on the later of the day given in the notice or the day following a period, beginning on the day notice is given, equal to the number of days in the rent-paying period. Subsections (a) through (d) do not apply if the landlord and tenant have agreed in a signed instrument on a different period of notice or that no notice is required, or if there is a breach of contract recognized by law. Tex. Prop. Code § 91.001. As of 2026-10-09. |
| Late fee | A landlord may not collect a late fee for failing to pay any portion of the tenant's rent unless notice of the fee is included in a written lease, the fee is reasonable, and any portion of the rent has remained unpaid two full days after the date the rent was originally due. A late fee is considered reasonable if it is not more than 12 percent of the rent for the rental period for a dwelling in a structure that contains not more than four dwelling units, or not more than 10 percent of the rent for the rental period for a dwelling in a structure that contains more than four dwelling units. A late fee may instead be more than those amounts, but not more than uncertain damages to the landlord related to the late payment of rent, including expenses, costs, or overhead associated with the collection of late payment. Tex. Prop. Code § 92.019. As of 2026-10-09. |
| Eviction notice | If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. When possession is terminated based solely on nonpayment of rent and the tenant was not late or delinquent in paying rent before the month in which the notice is given, the written notice shall be a notice to pay rent or vacate. A tenant at will or by sufferance must receive at least three days' written notice to vacate before the suit unless the parties contracted for a shorter or longer notice period in a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease, and the tenant timely pays rent and is not otherwise in default after foreclosure, the purchaser must give a residential tenant at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. Tex. Prop. Code § 24.005. As of 2026-10-09. |
Except as Section 92.107 provides, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. Before returning a security deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear. If the landlord retains all or part of a security deposit, the landlord shall give the tenant the balance, if any, together with a written description and itemized list of all deductions, except when the tenant owes rent when surrendering possession and there is no controversy concerning the amount of rent owed.
A landlord may not collect a late fee for failing to pay any portion of the tenant's rent unless notice of the fee is included in a written lease, the fee is reasonable, and any portion of the rent has remained unpaid two full days after the date the rent was originally due. A late fee is considered reasonable if it is not more than 12 percent of the rent for the rental period for a dwelling in a structure that contains not more than four dwelling units, or not more than 10 percent of the rent for the rental period for a dwelling in a structure that contains more than four dwelling units. A late fee may instead be more than those amounts, but not more than uncertain damages to the landlord related to the late payment of rent, including expenses, costs, or overhead associated with the collection of late payment.
If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. When possession is terminated based solely on nonpayment of rent and the tenant was not late or delinquent in paying rent before the month in which the notice is given, the written notice shall be a notice to pay rent or vacate. A tenant at will or by sufferance must receive at least three days' written notice to vacate before the suit unless the parties contracted for a shorter or longer notice period in a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease, and the tenant timely pays rent and is not otherwise in default after foreclosure, the purchaser must give a residential tenant at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease.
Figures are from Texas statutes, retrieved 2026-10-09. Primary sources: https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm, https://tcss.legis.texas.gov/resources/PR/htm/PR.91.htm, https://tcss.legis.texas.gov/resources/PR/htm/PR.24.htm.
Except as Section 92.107 provides, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. Before returning a security deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. The landlord may not retain any portion of a security deposit to cover normal wear and tear. If the landlord retains all or part of a security deposit, the landlord shall give the tenant the balance, if any, together with a written description and itemized list of all deductions, except when the tenant owes rent when surrendering possession and there is no controversy concerning the amount of rent owed. Source: Tex. Prop. Code § 92.103, § 92.104, https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm, as of 2026-10-09.
A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. If the rent-paying period is at least one month, the tenancy terminates on the later of the day given in the notice or one month after the day the notice is given. If the rent-paying period is less than a month, the tenancy terminates on the later of the day given in the notice or the day following a period, beginning on the day notice is given, equal to the number of days in the rent-paying period. Subsections (a) through (d) do not apply if the landlord and tenant have agreed in a signed instrument on a different period of notice or that no notice is required, or if there is a breach of contract recognized by law. Source: Tex. Prop. Code § 91.001, https://tcss.legis.texas.gov/resources/PR/htm/PR.91.htm, as of 2026-10-09.
A landlord may not collect a late fee for failing to pay any portion of the tenant's rent unless notice of the fee is included in a written lease, the fee is reasonable, and any portion of the rent has remained unpaid two full days after the date the rent was originally due. A late fee is considered reasonable if it is not more than 12 percent of the rent for the rental period for a dwelling in a structure that contains not more than four dwelling units, or not more than 10 percent of the rent for the rental period for a dwelling in a structure that contains more than four dwelling units. A late fee may instead be more than those amounts, but not more than uncertain damages to the landlord related to the late payment of rent, including expenses, costs, or overhead associated with the collection of late payment. Source: Tex. Prop. Code § 92.019, https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm, as of 2026-10-09.
If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. When possession is terminated based solely on nonpayment of rent and the tenant was not late or delinquent in paying rent before the month in which the notice is given, the written notice shall be a notice to pay rent or vacate. A tenant at will or by sufferance must receive at least three days' written notice to vacate before the suit unless the parties contracted for a shorter or longer notice period in a written lease or agreement. If a building is purchased at a tax foreclosure sale or a trustee's foreclosure sale under a lien superior to the tenant's lease, and the tenant timely pays rent and is not otherwise in default after foreclosure, the purchaser must give a residential tenant at least 30 days' written notice to vacate if the purchaser chooses not to continue the lease. Source: Tex. Prop. Code § 24.005, https://tcss.legis.texas.gov/resources/PR/htm/PR.24.htm, as of 2026-10-09.
Estimates for planning; not tax/legal advice.