Your rights
Your rights as a renter in Texas
This page sums up some of the rights Texas law gives people who rent a home on a lease. It is a short summary, not legal advice. Your lease and the law itself control. If you book a short stay, the terms shown when you book apply, and some of these rules may not.
Your security deposit #
The deposit amount is listed on each home's page. Here is how Texas law protects it.
- The 30-day rule. Texas Property Code section 92.103 says a landlord must refund a security deposit on or before the 30th day after the tenant surrenders the home.
- Give your forwarding address in writing. Under section 92.107, a landlord does not have to send the refund or the list of deductions until the tenant gives a written forwarding address. You do not lose your right to the refund just because you have not sent it yet.
- Itemized deductions. In most cases, if a landlord keeps any part of the deposit, the landlord must send you the balance with a written, itemized list of deductions (section 92.104).
- Normal wear and tear is not deducted. A landlord may not keep any part of a deposit for normal wear and tear (section 92.104).
- Notice before moving out. If a lease requires you to give notice before you move out in order to get your deposit back, Texas law says that rule counts only if it is underlined or in bold print in the lease (section 92.103).
- Do not use the deposit as your last month's rent. Section 92.108 says a tenant may not hold back the last month's rent on the grounds that the deposit covers it. A tenant who does this in bad faith can owe three times the rent withheld, plus attorney's fees.
- Email works. Since September 1, 2025, deposit notices may be sent by email if you and the landlord have already been in touch by email (section 92.113).
Repairs and other basic rights #
- Repairs. A landlord must make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant, once the tenant gives notice and is current on rent (section 92.052). Send repair requests in writing so there is a record.
- Emergencies. If your landlord has no management office on site, the landlord must give you a phone number for reporting emergencies (section 92.020). Look for it in your lease.
- No retaliation. A landlord may not retaliate against a tenant for asking for repairs in good faith, using a legal right, or complaining to a government agency about housing or building code problems (section 92.331).
- Late fees. No late fee can be charged unless the lease includes it, it is reasonable, and the rent is still unpaid two full days after it was due (section 92.019).
- Locks and smoke alarms. Your home must have the security devices and smoke alarms that Texas law requires (sections 92.153 and 92.255).
- Knowing who owns the home. You may ask for the name and address of the home's owner of record, and the landlord must give it to you (section 92.201).
Ending a lease early #
Texas law lets tenants end a lease early in certain cases. Each one has its own steps and paperwork, so read the section or get free legal help first.
- Family violence (section 92.016)
- Certain sexual offenses or stalking (section 92.0161)
- Certain military service, including a deployment or a transfer (section 92.017)
Free help and more to read #
- Renter's Rights, Texas Attorney General
- House and apartment help, TexasLawHelp.org
- Security deposits, TexasLawHelp.org
- Texas Property Code, Chapter 92 (Residential Tenancies)
Related pages #
Questions? Email [email protected] or use our contact form.
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