Kettle & Oak Texas

Texas landlord-tenant law, in plain language

An orientation for rental owners. This is general information, not legal advice — the specifics of your situation matter and we are property managers, not your lawyers.

Please read this first. Texas law changes, and how it applies depends on your lease and your facts. Nothing on this page is legal advice. Where something matters, get advice from a Texas attorney — and be skeptical of any property manager who tells you they can substitute for one.

Security deposits

Texas sets out what may be withheld from a deposit and requires the landlord to provide an itemized written accounting of deductions within a defined period after the tenant surrenders the property and gives a forwarding address. Missing that deadline can expose a landlord to considerably more than the deduction was worth.

Normal wear and tear cannot be deducted. The practical defense against a dispute is photographic: a dated move-in condition report against a dated move-out one.

Notice and entry

Entry rights come from the lease. A lease that is silent or vague on entry creates arguments later, which is why ours are explicit about notice and circumstances.

Repairs

Texas has a statutory repair-request process with requirements about how a tenant must make the request and how a landlord must respond. A landlord who ignores a properly made request can face remedies that are considerably more expensive than the repair.

The operational answer is simply to have a maintenance process that responds, which is most of what a manager is for.

Eviction

A defined sequence: written notice to vacate, then a forcible detainer suit in the Justice of the Peace precinct where the property sits, then hearing, judgment, appeal window and writ of possession. Every step has form, delivery and timing requirements.

The expensive mistake is almost always the notice. A defective notice does not fail at the notice stage — it fails weeks later in court, and you start again. More detail on the evictions page.

Fair housing

Federal fair housing law prohibits discrimination on protected characteristics, and local rules can add to that. The practical protection for a landlord is written screening criteria applied identically to every applicant. Discretion exercised case-by-case is how bias enters even where none is intended.

Assisted tenancies

A voucher tenancy adds a HAP contract with the housing authority alongside your lease with the tenant — two documents and two relationships, with additional obligations around notice and termination. See the Section 8 section.

Common questions

How long do I have to return a security deposit in Texas?

There is a statutory deadline running from surrender of the property and receipt of a forwarding address, and an itemized written accounting is required for deductions. Confirm the current period against current law or with an attorney before relying on a date.

Can I change the locks if a tenant stops paying?

Self-help remedies are heavily restricted and doing this wrong is expensive. Use the statutory process.

Do I need a license to manage my own property?

An owner managing their own property is generally exempt. Managing property for others for compensation is brokerage activity requiring TREC licensure.

Find out what your property should be renting for.

Free rental analysis, no obligation and no contract.

Get my free rental analysis
Contact Book Free rental analysis