Texas Lease Agreement Review
Texas leaves deposit amounts and entry notice to the lease, but the Property Code is specific about money once things go wrong. Chapter 92 sets when a late fee can start and what counts as reasonable, gives tenants a repair-and-deduct right with a dollar floor, and penalises bad-faith deposit retention heavily. Many Texas apartments use the Texas Apartment Association lease, but the statute still overrides it where they conflict.
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.
Texas lease law sets the limit above. Before you sign, check the deposit against it, 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.
When can a Texas landlord charge a late fee?
Under Property Code 92.019, the fee must be in a written lease, reasonable, and charged only if rent remains unpaid two full days after the due date. A fee is presumed reasonable if it is no more than 12% of monthly rent in a building with four or fewer units, or 10% in a building with more than four. A higher fee must not exceed the landlord's actual damages.
How does repair-and-deduct work in Texas?
Property Code 92.0561 lets you fix a condition and deduct the cost, but only after following the notice steps in 92.056, with at least one notice stating your intent to repair and describing it. Each deduction is capped at the greater of one month's rent or $500, and total deductions in any one month are capped at the same amount. If your rent is subsidized, the one-month limit uses fair market rent.
What happens if a Texas landlord keeps a deposit in bad faith?
Under Property Code 92.103, the deposit is due within 30 days after you surrender the premises, subject to the forwarding-address rule in 92.107. Under 92.109, a landlord who keeps a deposit in bad faith owes $100, three times the amount wrongfully withheld, and your attorney's fees. Failing in bad faith to give an itemized list forfeits the right to keep any of it.
Texas sources checked 2026-10-09: Tex. Prop. Code 92.019, late fees · Tex. Prop. Code 92.0561, repair and deduct · Tex. Prop. Code 92.016, family violence termination · Tex. Prop. Code 92.109, bad faith deposit retention. Laws change; confirm the current rule before relying on it.
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 October 2026, 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.
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.
Can I end a Texas lease early because of family violence?
Yes. Property Code 92.016 lets a tenant end the lease after giving the landlord a protective order or documentation from a licensed health provider or advocate, plus at least 30 days' written notice, and moving out. Future rent is released. The notice is not required if the abuser is a cotenant or occupant, and the right cannot be waived.
What if my Texas lease does not mention the family violence exit right?
That can help you. Property Code 92.016(f) says a tenant may be released from delinquent rent as well if the lease lacks the statutory notice language describing these early termination rights. A landlord who violates the section can owe actual damages, one month's rent plus $500, and attorney's fees.
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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 October 2026; deposit caps and entry rules change, and localities may add their own. This is automated 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.