General Information

Note Landlord/tenant procedures may be impacted by the COVID-19 pandemic. Please see the Landlord/Tenant page on the COVID-19 & Texas Law research guide for current information related to COVID-19 and landlord/tenant issues.

About This Guide

This guide was created in order to provide information about Texas landlord/tenant law. Links to the Property Code and information about the law explained in "plain English" are provided. The Practice Aids page provides a list of library resources that may be useful to practitioners looking for additional information on landlord/tenant law.

Texas Law

Below you will find references to areas of the Texas Property Code that govern rental properties and issues related to landlord/tenant law. If you find these statutes difficult to understand, you may want to look at the “plain English” resources on this page or speak to an attorney.

Texas Property Code, Chapter 91
Discusses provisions generally applicable to landlords and tenants.
Texas Property Code, Chapter 92
Discusses residential tenancies.
Texas Property Code, Chapter 93
Discusses commercial tenancies.
Texas Property Code, Chapter 94
Discusses "manufactured home" tenancies.
Texas Property Code, Chapter 24
Discusses eviction ("Forcible Entry and Detainer").
Texas Property Code, Chapter 54
Discusses landlord's liens.
Texas Property Code, Chapter 301
Discusses the Texas Fair Housing Act.
Section 214.902 of the Texas Local Government Code
Section 214.902, "Rent Control," sets out when a municipality may enact rent control ordinances.

New 2019 Texas Legislation

HB 69 - Relating to the right to vacate and avoid liability under a residential lease after a tenant's death.
Allows the representative of the estate of a deceased tenant to terminate the lease obligations under certain conditions. This law goes into effect on January 1, 2020, and applies only to a lease agreement entered into on or after this effective date. "A lease agreement entered into before the effective date of this Act is governed by the law in effect at the time the lease agreement was entered into, and the former law is continued in effect for that purpose."
HB 1002 - Relating to the term of a parking permit issued to a residential tenant by a landlord.
Establishes that a landlord who issues a parking permit must issue it with the same term as the lease and cannot end the term until the tenant's right of possession ends. This law goes into effect on January 1, 2020 and only applies to a parking permit issued on or after the effective date of January 1, 2020.
SB 234 - Relating to the right to vacate and avoid residential lease liability following the occurrence of family violence.
Allows a tenant to terminate lease obligations under certain conditions following an occurence of family violence. This Act is effective on September 1, 2019. It only applies to a lease entered into or renewed on or after the effective date. A lease entered into or renewed before the effective date of this Act is governed by the previous law.
SB 1414 - Relating to fees regarding a residential tenant's failure to timely pay rent.
Establishes the conditions under which a landlord may collect late fees for late rent and defines what is considered a reasonable late fee. This Act is effective on September 1, 2019. It only applies applies only to a late fee under a lease entered into or renewed on or after the effective date of this Act. A late fee under a lease entered into or renewed before the effective date of this Act is governed by the previous law.

Explained in "Plain English"

Because Texas and federal law may not be easy to understand, below you'll find a collection of resources that help to explain the law in “plain English.”

Bed Bugs
TexasLawHelp.org publishes this bed bug fact sheet authored by Texas RioGrande Legal Aid.
Fact sheets
Fact sheets from the Austin Tenants' Council provide very helpful information on a wide variety of topics including application fees and procedures, credit rights, evictions, filing in small claims court, foreclosures, landlord's entry, lockouts, paying rent, renting myths, repairs, and utilities.
Landlord/tenant law
Texas Law Help provides plain English explanations of Texas law. The Landlord/Tenant section of their website provides information on a variety of landlord-tenant law issues such as application deposits, housing discrimination, fair housing, forming tenant associations, house rules, a self-help repair packet, and information on landlord's liens.
Landlords and Tenants Guide for Manufactured Home Communities [PDF]
This 2016 report from the Texas A&M Real Estate Center discusses manufactured/mobile home communities and chapter 94 of the Property Code. This publication also discusses evictions from manufactured home communities.
Landlords and Tenants Guide [PDF]
This report from the Real Estate Center at Texas A&M University explains in everyday language the sections of the Texas Property Code dealing with landlord/tenant law. Specific sections cover the residential landlord's responsibility and liability for repairs, retaliation, the rental application, evictions, security deposits, lockouts, smoke alarms, utility cutoffs, and many other topics. A hard copy of this report is available at the State Law Library.
Overview of Landlord-Tenant Laws in Texas
Article from Nolo that discusses the basics of landlord and tenant law in Texas. Topics include required disclosures, security deposits, late fees, withholding rent and termination and eviction rules.
Renting a Home
This page from the American Bar Association provides generalized information on renting a home. Specific sections cover leases, "lease clauses to consider," evictions, security deposits, fair housing, and where to go for more help.
Tenants' Rights Workshop
Hosted every Wednesday, at 6:30 p.m., by the Texas Tenants' Union in Dallas. Issues covered include leases, eviction, deposits, and repairs with one-on-one help available after the workshop. Bring your lease and any other written information about your problem.
Texas Security Deposit Limits and Deadlines
Provides an explanation of Texas landlord and tenant laws on security deposits.
Typical Provisions in Leases and Rental Agreements
Discusses the provisions normally found in rental agreements.

Tenants' Rights

Fair Housing 101
The Texas Dept. of Housing and Community Affairs put together this information about the federal Fair Housing Act and the Texas Fair Housting Act, both of which deal with housing discrimination.
Know Your Rights as a Tenant in Texas
The Texan Tenant Advisor has information on a variety of landlord/tenant topics including deposits, discrimination, eviction, late fees, lease, privacy, and more.
Landlord and Tenant Rights
Richard Alderman is a University of Houston law professor who answers legal questions on the website The People's Lawyer. This page discusses tenants' rights in general covering the entire tenancy from selecting a place to moving out.
Renter's Rights and Disaster Relief (TexasLawHelp.org)
Addresses the rights of renters after a disaster. Topics include the status of the lease, loss or damage to personal property and disaster loans.
Renter's Rights
This page from the Texas Attorney General provides information on tenant rights including peace and quiet, health and safety, security, and what to do if you have problems. It provides links to AG columns, consumer alerts, and other useful pages.
The Tenants’ Rights Handbook [PDF]
This pamphlet from the State Bar of Texas and Texas Young Lawyers Association provides an easy to understand overview of tenants' rights at all stages of the rental process from selecting a rental to termination and move out.
Your Rights When You Haven’t Paid Your Rent
This page from the People's Lawyer provides a plain English discussion of tenants' rights when the rent has not been paid. The information is organized in a convenient question and answer format.

E-Books from the Texas State Law Library

Many of the e-books available through the State Law Library contain forms or drafting guides.

Every landlord's legal guide [electronic resource]
This book from Nolo is intended to help landlords with legal issues, including screening tenants, leases, security deposits, sublets, the landlord’s duty to repair, right of entry, and evictions.
Every tenant's legal guide [electronic resource]
Written in straightforward and easy-to-understand language, Nolo’s guide to tenant rights is an excellent explanation of the legal pitfalls a renter can encounter.
Know your rights! : answers to Texans' everyday legal questions [electronic resource]
Practical, easy-to-understand answers to questions about divorce, child support, and child custody; credit, bankruptcy, and debt collection; starting a business; leases and tenant rights; small claims court and lawyers; wills and probate; false advertising and warranties; immigration; and more. Chapter 15 of this book discusses neighborly problems.
Leases & rental agreements [electronic resource]
This title from Nolo provides plain English information on leases and rental agreements. Chapters cover preparing leases, choosing tenants, getting tenants moved in, and ending a tenancy. Appendices cover topics such as landlord/tenant statutes, rent rules, security deposit rules, and landlord’s access to the property for each state. Also available are several different types of fill-in-the-blank rental forms.

Books at the Texas State Law Library

Below are some print books that may provide further guidance. If you can't visit the Texas State Law Library in Austin, these books might be available at a law library near you or a public library near you.

Landlord's legal guide in Texas [print book]
This title provides plain English information on Texas laws on renting properties for Texas landlords. Chapters cover a wide range of topics including selecting tenants, types of tenancies, leases, security deposits, repairs, smoke detectors, retaliation, and evictions.
Texas real estate law [print book]
This titles provides clear, easy-to-understand explanations of various aspects of Texas real estate law. Chapter 18 of this textbook specifically discusses the landlord and tenant relationship.
HUD housing programs : tenants' rights [print book]
This work, known as the "Green Book," is a comprehensive guide to HUD's housing programs. It includes detailed information on this complex area of the law as well as memos and unpublished court opinions.

Who Can I Contact?

Austin Tenants' Council
The Austin Tenants' Council provides telephone counseling, mediation services, in-house counseling, housing discrimination assistance, and lease forms. Please note that eligibility for some of these services is limited to Travis County residents who meet certain income requirements. Their website has resources that are helpful to all Texans looking for information on landlord/tenant law.
Texas Tenants' Union (Dallas)
The Texas Tenants' Union in Dallas provides free weekly tenants' rights workshops, organizing assistance, counseling, training, and referrals. Their website also provides specific information for HUD tenants.
Housing Crisis Center (Dallas)
The Housing Crisis Center provides many different programs for residential tenants aimed at preventing homelessness including a hotline and legal clinics. Contact them for additional information.
Fair Housing Program (San Antonio and Bexar County)
The Fair Housing Program of San Antonio accepts calls from Bexar County residents regarding landlord/tenant issues and serves as a mediator. From their website: "Counselors can discuss concerns involving evictions, repairs, security deposits, utilities billing and termination, code violations, lease disputes, occupancy standards and other related issues. Counselors are not attorneys and do not provide legal advice."
Fair Housing Council of Greater San Antonio
This non-profit organization serves the San Antonio area as well as many other counties -- including the Rio Grande Valley -- in south Texas. Their main office is in San Antonio, and they also have a field office in McAllen. The information on their site is available in English and Spanish.
Texas Tenant Advisor
The Texas Low Income Housing Information Service does not provide individual assistance to tenants but their website does provide information on tenants' rights, how to fight back, and prevention. The site also provides links to tenant and legal aid organizations.

Landlord/Tenant Law