What are tenant rights in Texas?

Texas tenant rights are governed primarily by Property Code Chapter 92.

1. Security Deposit — No statutory cap. Landlords must return the deposit within 30 days of move-out (§ 92.103) with an itemized list of deductions if any are made. Bad-faith retention exposes landlords to 3x damages plus $100.

2. Habitability — § 92.052 requires landlords to repair conditions that materially affect health or safety after written notice and a reasonable time. Tenants may use the 'repair and deduct' remedy (capped at one month's rent or $500), terminate the lease, or sue.

3. Notice for Entry — Texas has no statutory notice requirement for landlord entry. The lease controls. Most leases require reasonable notice.

4. Eviction Notice — § 24.005 requires only 3 days' written notice to vacate before filing eviction (forcible detainer), unless the lease provides otherwise. After judgment, tenants get 5 days to appeal.

5. Rent Control — Prohibited statewide by Local Government Code § 214.902. No city may enact rent control absent a housing emergency declared by the governor.

6. Lockouts and Utility Shutoffs — § 92.0081 and § 92.008 prohibit self-help lockouts or shutting off utilities except in narrow circumstances.

7. Discrimination — Federal Fair Housing Act applies. Texas Fair Housing Act mirrors federal protections. Source-of-income discrimination is generally allowed (no Section 8 protection).

8. Retaliation — § 92.331 prohibits retaliation for 6 months after a tenant exercises rights, with damages of one month's rent + $500 + attorney fees.

This is legal information, not legal advice.