Texas Lease Agreement Review
Signing a rental lease in Texas? The clauses that decide your money and your privacy, the security deposit, landlord entry, habitability, and late fees, are governed by Texas law, and some common lease terms are unenforceable here. Here is how Texas treats each, and what ClauseAudit checks before you sign.
Security deposit
No statewide cap
Entry notice
No statutory notice period
Security deposits in Texas
Texas sets no statutory deposit cap or general entry-notice period, so the lease controls both; deposit-return timing is regulated.
Before you sign, check the deposit against the Texas limit above, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Texas
Texas does not fix an entry-notice period by statute, so the lease controls, which makes the entry clause worth reading closely. A fair lease should still require reasonable advance notice (at least 24 hours) for non-emergency entry.
Habitability and repairs in Texas
Like nearly every state, Texas recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What ClauseAudit checks in a Texas lease
- Security deposit vs the Texas limit, and the return terms
- Landlord entry notice against Texas requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Texas lease FAQ
How much can a landlord charge for a security deposit in Texas?
As of 2025, the security-deposit rule in Texas is: No statewide cap. Texas sets no statutory deposit cap or general entry-notice period, so the lease controls both; deposit-return timing is regulated. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Texas law when you run your lease.
How much notice must a landlord give before entering in Texas?
Texas does not set a fixed entry-notice period by statute, so the lease and your right to quiet enjoyment control. Best practice, and what a fair lease should require, is at least 24 hours’ advance notice for non-emergency entry.
Can a Texas lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Texas lease; it does not override your rights.
How much can a landlord charge as a security deposit in Texas?
Texas caps it: No statewide cap. Texas sets no statutory deposit cap or general entry-notice period, so the lease controls both; deposit-return timing is regulated. 21 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
How much notice must a landlord give before entering in Texas?
Texas sets no statutory advance-notice period, one of 16 jurisdictions in that position. Access is therefore governed by what the lease says and by the covenant of quiet enjoyment, which makes the entry clause worth reading closely rather than skimming.
Do the states next to Texas treat deposits the same way?
No, and the gap can be large: Arkansas (2 months), New Mexico (1 month (leases under 1 year)). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Texas's.
Is there anything specific to Texas tenants should know?
Texas sets no statutory deposit cap or general entry-notice period, so the lease controls both; deposit-return timing is regulated. With no statutory notice period for entry, the access clause in the lease is what governs, so read it rather than assuming a default.
Have a Texas lease to sign?
Upload it and get every clause checked against Texas law in about a minute, with a fix for each problem.
Deposit rules in neighbouring states
Deposit limits are set state by state, and 2 of the 4 states bordering Texas use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Texas landlord-tenant figures summarized as of 2025; deposit caps and entry rules change, and localities may add their own. This is AI-assisted educational information, not legal advice. ClauseAudit verifies the current rule against Texas law when you run your lease, and you should confirm anything critical with a qualified Texas attorney.