Dealing with a landlord dispute or eviction can be stressful—but understanding your rights and duties under Texas law can make all the difference. For landlords, a successful rental business is built on fulfilling a few key obligations: the duty to repair conditions affecting a tenant's health and safety, the responsibility to provide a secure home, and the promise to honor the lease agreement. Getting these right isn't just good business—it's the law.

This guide provides clear, practical information for landlords and tenants navigating property issues in Texas. By understanding these core responsibilities, you can prevent most disputes before they begin and protect your property rights.

Your Core Duties as a Texas Landlord

It’s easy to get bogged down in dense legal jargon, but your obligations under Texas law are quite straightforward. When you lease a property, you are providing someone with a safe, functional home. This mindset shift helps build a respectful, professional relationship with your tenants from day one.

The foundation of your duties is the lease agreement. This is your contract, the rulebook for the tenancy. However, it doesn't exist in a vacuum. The Texas Property Code sets the ground rules, meaning state law can fill in gaps or even override certain lease clauses if they conflict. This is why a solid understanding of Texas lease agreement laws is non-negotiable for creating a contract that protects both your rights and your tenant’s.

Key Foundational Duties

Your landlord responsibilities in Texas fall into three main buckets. These are not optional suggestions; they are legal requirements that form the basis of a lawful tenancy.

• Duty to Repair: This is arguably the most significant. You are legally required to fix any condition that materially affects the physical health or safety of an ordinary tenant. This doesn’t mean a scuffed floorboard. It means serious issues like a broken heater in winter, a leaking roof, or faulty electrical wiring.
• Providing a Secure Living Environment: The Texas Property Code is very specific here. You must equip your rental units with certain security devices. This is a must, not a maybe. You are required to install working smoke alarms, keyed deadbolts on all exterior doors, and window latches. These are mandatory safety measures that protect your tenants and your investment.
• Honoring the Lease and Tenant Rights: Your job extends beyond repairs and locks. You must respect your tenant’s right to "quiet enjoyment." This means you cannot just show up unannounced or enter the property without a valid reason and proper notice, as outlined in your lease. It also means you must follow the letter of the law when handling security deposits and, if it becomes necessary, the eviction process.

A landlord's duties are proactive, not just reactive. By maintaining a safe property and clear communication, you can prevent most disputes before they even begin. An experienced Texas landlord tenant lawyer can help ensure your practices and lease agreements are fully compliant with state law.

The Duty to Repair and Maintain a Safe Property

This is one of the heaviest responsibilities you carry as a landlord. The Texas Property Code is crystal clear: you have a legal duty to repair any condition that materially affects a tenant's physical health and safety.

But what does "materially affect" actually mean?

Think of it this way: this isn't about minor cosmetic issues like a scuff on the wall or a squeaky cabinet door. We're talking about serious problems that make a home genuinely unsafe or unhealthy to live in.

Here are a few real-world scenarios that fall squarely under this duty:

• A broken AC unit during a brutal Texas August.
• A major roof leak causing water damage and threatening mold growth.
• Faulty electrical wiring that could spark a fire.
• No hot water for days on end.

These are not just inconveniences. They are hazards, and the law says you are responsible for fixing them.

What the Texas Property Code Says About Triggering Your Duty to Repair

Here’s a critical point: your legal clock doesn’t start ticking the second something breaks. A tenant can't just mention a leaky faucet in passing and expect a formal repair process to begin.

For your duty to be legally triggered, the tenant must follow specific steps laid out in the Texas Property Code. If they miss a step, your legal obligation is not yet active.

To officially start the process, the tenant must:

• Provide Proper Written Notice: The request must be in writing. A casual text message or phone call may not hold up in court. Smart tenants send this notice via certified mail with a return receipt to create an undeniable paper trail.
• Be Current on Rent: This is non-negotiable. The tenant must be paid up on their rent when they give you the notice. They cannot demand repairs while they are behind on payments.
• Not Be the Cause of the Problem: You are not responsible for damage caused by the tenant, their family, or their guests, whether it was intentional or negligent.

Once you have received proper notice that meets these criteria, the law requires you to make the repair within a "reasonable" amount of time. While "reasonable" is a flexible term, Texas courts often consider seven days a decent benchmark, though it can change based on the problem's severity and the availability of parts or contractors.

The table below breaks down the step-by-step information for a tenant repair request. As a landlord, knowing these steps is crucial for protecting yourself and ensuring you act in full compliance.

Tenant Repair Request Process Under Texas Law

Understanding this sequence is your first line of defense. If a tenant skips a step, their legal options become far more limited, and your position becomes much stronger.

The Consequences of Failing to Repair

So what happens if you receive a valid notice and ignore it? The consequences can be severe, both legally and financially. Texas law gives tenants powerful tools to use against landlords who fail to uphold their end of the bargain.

If you fail to make a necessary repair after getting proper notice, a tenant might be legally entitled to:

• Terminate the Lease: They could break their lease agreement, move out, and owe you nothing more.
• Sue You: They can take you to court to get an order forcing you to make the repair and may also sue for financial damages.
• Use the "Repair and Deduct" Remedy: This is a tricky option with very strict rules, but in some cases, a tenant can pay for the repair themselves and subtract the cost from their next rent check.

Your best move is always to act promptly. Respond to every written repair request, document all communications and work orders, and keep the tenant in the loop. It's not just about following the law—it's about protecting your investment and maintaining a professional relationship.

How to Handle Security Deposits in Texas

Security deposit disputes are one of the most common sources of conflict between landlords and tenants. Fortunately, they don’t have to be.

The Texas Property Code provides a clear, strict set of rules for handling these funds, designed to protect everyone involved. Following these rules isn't just a good idea—it's your legal duty.

The most important rule is the deadline. Once a tenant moves out and provides a forwarding address, you have exactly 30 days to either return the full security deposit or provide a written, itemized list of all deductions along with any remaining balance.

Missing that deadline can be costly. A tenant can sue a landlord for "bad faith" if they believe you have wrongfully withheld their deposit. If a judge agrees, you could be ordered to pay three times the amount you withheld, plus the tenant's attorney's fees and a $100 penalty. It’s an expensive mistake that is entirely avoidable.

What the Texas Property Code Says About Deductions

You cannot keep a security deposit to cover routine upkeep or anything that falls under "normal wear and tear." This is a critical distinction referring to the minor, expected decline that occurs when someone lives in a property.

So, what's the difference between wear and tear and actual damage? Consider these examples:

• Normal Wear and Tear (Landlord's Cost): Faded paint, lightly scuffed floors where furniture sat, or carpets that are slightly worn from daily foot traffic.
• Actual Damage (Tenant's Responsibility): Large holes in the wall, a cracked window, pet urine stains on the carpet, or burn marks on a countertop. You can absolutely deduct the cost of these repairs from the deposit.

When you make deductions, a vague list is not enough. You must provide a detailed, itemized statement explaining the reason for each charge and its exact cost. "General cleaning" or "painting" will not hold up in court without specifics and receipts to back it up.

A Landlord’s Security Deposit Checklist

To stay compliant and protect yourself from a lawsuit, follow these step-by-step instructions for every tenancy:

1. Document Everything at Move-In: Before the tenant moves in, conduct a thorough move-in inspection. Take photos and video, and have the tenant sign a report acknowledging the property's condition. This is your baseline evidence.
2. Keep Meticulous Records: Hold onto every receipt and invoice for repairs you deduct from the deposit. This is your proof.
3. Get a Forwarding Address: The 30-day clock does not start until the tenant gives you their forwarding address in writing. If they don’t, your obligations change, but it is always best practice to request it.
4. Meet the 30-Day Deadline: When you send the itemized list and any remaining deposit, use certified mail. This creates a legal record proving you sent it on time.

Following these rules is your best defense against a costly legal battle. The law places the burden of proof squarely on the landlord to justify every deduction. If you fail to provide a timely and accurate accounting, you could lose the right to withhold any of the deposit at all.

Navigating these rules can get tricky, especially if a tenant challenges your claims. When a disagreement arises, a deep understanding of security deposit disputes in Texas is crucial for protecting your rights and your investment.

Respecting Tenant Privacy and Property Entry

While you own the property, signing a lease grants your tenant the legal right to “quiet enjoyment.”

This means they are paying for the right to live peacefully in their home without you dropping by unannounced or causing unreasonable disruptions. While you have legitimate reasons to access the property for maintenance and inspections, you cannot just show up whenever you want.

The Texas Property Code does not set a statewide, mandatory notice period for entry. That's why your lease is so important. Most standard lease agreements fill this gap, and it's a widely accepted best practice to give at least 24 hours' written notice before you plan to enter. This simple act of courtesy builds trust and prevents misunderstandings from escalating into legal fights over tenant rights.

When Is It Legal to Enter a Tenant's Home?

Your lease agreement should clearly spell out the specific, legitimate reasons you can enter the property. Just wanting to "check on things" is not a valid reason and could be seen as harassment.

Legitimate reasons for entry almost always include:

• Making repairs or assessing an issue after the tenant has submitted a formal repair request.
• Showing the property to potential new renters or buyers, typically in the last few months of the current lease.
• Responding to an emergency, such as a fire, a burst pipe, or a security alarm.
• Inspecting the property for safety or maintenance issues at a reasonable frequency.

You have the right to access your property for valid reasons, but that right doesn't override your tenant's right to privacy. Repeated, unannounced, or unnecessary entries can be considered a breach of the lease and a form of harassment, giving your tenant grounds for legal action.

The Line Between Access and Harassment

The key here is professionalism and consideration. Always provide as much notice as possible and schedule entries during normal business hours. If a tenant has a specific concern—for example, a pet that needs to be secured or they work from home—try to find a time that works for everyone.

Landlords get into trouble when they show up without notice, enter for non-essential reasons, or knock on the door at odd hours. These actions can quickly cross the line into harassment.

Your best defense is clear communication and good record-keeping. Document every entry notice you provide to protect both yourself and your tenant. To ensure your lease's entry clause is ironclad and compliant, it's always a good idea to have a Texas landlord-tenant lawyer review it.

Navigating the Texas Eviction Process Lawfully

Eviction is a serious legal action and should always be a last resort. It is a formal process with strict rules, and in Texas, there are no shortcuts.

Attempting to take matters into your own hands—like changing the locks or removing a tenant's belongings—is an illegal "self-help" eviction and can land you in serious legal and financial trouble. To lawfully regain possession of your property, you must follow the step-by-step process in the Texas Property Code. This is not the time for emotion; it's the time to follow the rules precisely.

The First Step: The Notice to Vacate

Everything begins with a formal, written Notice to Vacate. This is not optional. If you file for eviction without first giving proper notice, the judge will dismiss your case, and you'll have to start over.

For the most common eviction reason—unpaid rent—Texas law requires you to give the tenant at least a three-day notice to move out. You must deliver this notice in one of three specific ways:

• In-person to the tenant or anyone at the home who is 16 or older.
• By mail (regular, certified, or registered).
• By securely attaching it to the inside of the main entry door.

The notice must clearly state the reason for the eviction and the exact date the tenant must be out. A 2022 national survey found that 84% of landlords see payment problems as their biggest headache. In Texas, the process moves quickly. Once the three-day notice for nonpayment expires, a landlord can file for eviction and often get a court date relatively fast.

Filing the Eviction Suit

If the deadline on your notice passes and the tenant has not paid rent or moved out, your next step is to file an eviction suit, officially called a "Forcible Detainer" suit. You will file it at the Justice of the Peace (JP) court in the precinct where your property is located.

Once filed, the court serves the tenant with a citation informing them of the lawsuit and the date and location of the court hearing. This hearing is typically scheduled within 10 to 21 days of filing.

This visual guide shows the essential steps a landlord should follow to respect tenant privacy during routine property entry, a key responsibility to maintain a positive landlord-tenant relationship.

The infographic highlights that proper notice, a valid reason, and respectful entry are the cornerstones of lawful access, preventing disputes over tenant privacy.

The Court Hearing and What Happens Next

At the court date, both you and the tenant will have the chance to present your case to the judge. Be prepared. Bring all of your documentation—a copy of the lease, rent payment records, and a copy of the Notice to Vacate you delivered.

If the judge rules in your favor, they will issue a judgment for possession. However, this does not mean you can immediately remove the tenant. The tenant legally has five days to appeal the decision.

If five days pass with no appeal and the tenant still hasn't left, you must return to the court and request a Writ of Possession. This is the final court order that authorizes a constable or sheriff to physically remove the tenant and their belongings. The constable will usually post a 24-hour warning on the property before executing the writ.

The eviction process is complex and unforgiving of mistakes. A simple error, like a poorly worded notice, can get your case thrown out, forcing you to start the frustrating process over again. For a more detailed breakdown, you can learn more about the complete eviction process in Texas in our guide.

Installing Required Safety and Security Devices

Beyond general maintenance, Texas law is clear about specific safety and security equipment you must install in every rental unit. This is a non-negotiable legal duty that protects your tenants and shields you from liability.

Think of these requirements as built-in safety nets. They prevent avoidable tragedies and protect you from legal claims. The Texas Property Code, Section 92, lays out these rules in black and white. Failing to comply can lead to serious penalties or give a tenant legal grounds to break their lease and sue.

Smoke Alarms: A Non-Negotiable Requirement

Installing smoke alarms is one of your most critical responsibilities. The law demands at least one working smoke alarm in every single bedroom. For multi-story units, you also need an alarm in the hallway or stairway on each level.

Your responsibility is to ensure these alarms are working perfectly when the tenant moves in. While the tenant typically handles battery replacements, if an alarm malfunctions, the responsibility returns to you. If you receive written notice that an alarm is broken, you are legally required to repair or replace it promptly.

Bolting It Down: Essential Security for Doors and Windows

Texas law is also very specific about the locks required to secure a property. You must install these devices at your own expense and ensure they are fully functional before a tenant receives the keys.

This isn't a mix-and-match situation. The law spells out exactly what's required:

• Keyless Deadbolts: Every exterior door needs a keyless deadbolt (thumb-turn lock). It can only be locked from the inside, providing an essential layer of security.
• Keyed Deadbolts: In addition to the keyless lock, each exterior door must have a standard keyed deadbolt or a keyed doorknob lock.
• Door Viewers: A peephole is mandatory on each exterior door, allowing tenants to see who is there without opening it.
• Window Latches: Every window that opens needs a working latch. For sliding glass doors, you must install a pin lock or a security bar.

To make this perfectly clear, here's a simple checklist of the safety devices required under the Texas Property Code.

Mandatory Safety Devices for Texas Rentals

These are not optional upgrades. They are the absolute baseline for providing a secure and legally compliant home in Texas.

It's not enough to just install these devices. Your duty is to ensure they are all working correctly on day one of the lease. If a tenant requests a repair or replacement of any required security device, you must comply. Ignoring that request is a serious breach of your duties.

Getting these details right is fundamental to being a responsible Texas landlord. If you're unsure whether your property is compliant or you need guidance from an experienced eviction attorney on any landlord-tenant issue, we can provide the clear answers you need.

Common Questions About Landlord Duties in Texas

Navigating Texas landlord-tenant law can be confusing. Whether you're a landlord trying to follow the rules or a tenant seeking to understand your rights, these complex situations often lead to questions.

Here are some of the most common questions we receive, with clear, straightforward answers.

Can a Landlord Refuse Repairs if I Am Late on Rent?

No. A landlord’s legal duty to repair a condition that affects your health and safety is separate from your obligation to pay rent. A landlord cannot legally refuse to make a necessary repair as a form of retaliation for late rent.

However, for a tenant to use their most powerful legal remedies, like terminating the lease or using the "repair-and-deduct" option, they must be current on rent when they send the official repair notice. Both sides have obligations, and failing to follow the law can create further legal problems.

How Much Can a Landlord Legally Charge for a Late Fee?

You cannot just pick an arbitrary number. Texas law states that a late fee must be a "reasonable estimate" of the actual damages you suffer due to the late payment.

To provide clarity, the Texas Property Code created a "safe harbor" amount that is automatically considered reasonable. You are on solid ground if your late fee is:

• No more than 12% of the monthly rent for properties with four or fewer units.
• No more than 10% of the monthly rent for properties with five or more units.

If you charge more than that, the burden of proof is on you to demonstrate in court that your actual costs were high enough to justify the fee.

What Happens if My Landlord Changes the Locks on My Apartment?

A landlord in Texas can legally change the locks for non-payment of rent, but they must follow an extremely strict procedure. This is not a simple "lockout."

First, they must give you advance written notice that they intend to change the locks. Immediately after doing so, they must post a notice on your front door telling you where to get a new key. Most importantly, they must make that new key available to you 24 hours a day, regardless of whether you have paid the back rent.

An illegal lockout is a serious violation of tenant rights and can expose a landlord to a lawsuit for significant damages.

Am I Responsible for Pest Control Like Roaches or Mice?

Generally, the landlord is responsible for pest control. If an infestation was not caused by the tenant's unsanitary living conditions and it makes the property unsafe or unhealthy, it is the landlord's duty to address it.

Some leases may attempt to shift minor pest control to the tenant, but for a serious infestation that impacts the home's habitability—like a widespread roach or rodent problem—that responsibility almost always falls on the landlord.

If you need help with an eviction, lease issue, or rental dispute, contact The Law Office of Bryan Fagan, PLLC for a free consultation today.