10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: No statewide cap on the amount of a residential security deposit; Subchapter C of Chapter 92 defines and regulates deposits but sets no maximum. (Tex. Prop. Code § 92.102 (Subch. C), confirmed 2026-10). Returning the deposit: 30 days after the tenant surrenders the premises AND has given a written forwarding address (§ 92.107) — the 30-day clock does not start until the forwarding address is provided. An itemized list of deductions is required unless the tenant owes rent and there is no rent dispute (§ 92.104). Bad-faith retention exposes the landlord to three times the wrongfully-withheld amount plus $100 and attorney's fees (§ 92.109). (Tex. Prop. Code §§ 92.103–92.109, confirmed 2026-07).
Late fees: No late fee unless (1) the fee is in a written lease, (2) it is reasonable, and (3) rent has remained unpaid two full days after the due date. A fee is presumptively reasonable if it does not exceed 12% of the rental period's rent for a structure with 4 or fewer units, or 10% for a structure with more than 4 units; a higher fee is allowed only up to the landlord's uncertain damages. Violation: $100 + three times the fee collected + attorney's fees; waivers void. (Tex. Prop. Code § 92.019, confirmed 2026-10). Application fees: No cap on the amount of an application fee, but the landlord must make its tenant-selection criteria available when the application is provided; if it rejects an applicant without having done so, it must refund the application fee and any application deposit. Bad-faith failure to refund exposes the landlord to $100 plus three times the amount wrongfully retained plus attorney fees. (Tex. Prop. Code §§ 92.3515, 92.354, confirmed 2026-10).
Nonpayment notice: At least 3 days' written notice to vacate before filing a forcible detainer suit, unless the written lease sets a shorter or longer period. For a tenant whose only default is nonpayment and who was not late before that month, the notice must be a 'notice to pay rent or vacate'; otherwise either form is allowed. As of Jan 1, 2026 (SB 38), notice may be delivered by mail, inside the premises in a conspicuous place, hand delivery to a tenant 16+, or (if agreed in writing) electronically. Days are counted per § 24.0042 (weekends count; last day rolls past a weekend/holiday). (Tex. Prop. Code § 24.005(a), (f-3); § 24.0042, confirmed 2026-10). Rent increases: No statewide rent-increase notice statute. A rent change on a month-to-month tenancy is effected through the one-month termination notice of § 91.001 (or the different notice period the parties agreed to in a signed lease); § 92.331 bars retaliatory increases within 6 months of protected tenant activity. (Tex. Prop. Code § 91.001, confirmed 2026-10). Ending a month-to-month tenancy: A month-to-month tenancy terminates on the later of the date in the notice or one month after notice is given (either party); shorter rent periods: a period equal to the rent-paying period. Parties may agree in a signed writing to a different period or to no notice. (Tex. Prop. Code § 91.001, confirmed 2026-10). Entry: No statewide entry-notice statute: Chapter 92 contains no advance-notice requirement for landlord entry, so the lease terms govern access. (Tex. Prop. Code Ch. 92, confirmed 2026-10).
Texas has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: TX Real Estate Commission (TREC) broker license required for property management for others.
Security deposits
What Texas allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
No statewide cap on the amount of a residential security deposit; Subchapter C of Chapter 92 defines and regulates deposits but sets no maximum.
Absence finding: the full text of Chapter 92 was searched for a deposit-amount limit and none exists.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-07
30 days after the tenant surrenders the premises AND has given a written forwarding address (§ 92.107) — the 30-day clock does not start until the forwarding address is provided. An itemized list of deductions is required unless the tenant owes rent and there is no rent dispute (§ 92.104). Bad-faith retention exposes the landlord to three times the wrongfully-withheld amount plus $100 and attorney's fees (§ 92.109).
Reference value in Aptoria's compliance data: “30 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
Not separately regulated and no cap: Chapter 92 defines a security deposit as any advance of money (other than an application deposit or prepaid rent) intended primarily to secure lease performance, so a refundable pet deposit is simply part of the security deposit and subject to the 30-day refund/itemization rules; Texas sets no maximum on security deposits and no provision in ch. 92 mentions pet deposits or pet fees.
“A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.”
Excerpt from the cited source as read on the date shown.
the only 'animal' reference is the 'dangerous animal' notice-delivery clause in § 92.0081. Non-refundable 'pet fees' are governed by the lease, not the statute.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a Texas lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No late fee unless (1) the fee is in a written lease, (2) it is reasonable, and (3) rent has remained unpaid two full days after the due date. A fee is presumptively reasonable if it does not exceed 12% of the rental period's rent for a structure with 4 or fewer units, or 10% for a structure with more than 4 units; a higher fee is allowed only up to the landlord's uncertain damages. Violation: $100 + three times the fee collected + attorney's fees; waivers void.
“12 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains not more than four dwelling units; or (B) 10 percent of the amount of rent for the rental period under the lease for a dwelling located in a structure that contains more than four dwelling units”
Excerpt from the cited source as read on the date shown.
Grace sentence on the same page: 'any portion of the tenant's rent has remained unpaid two full days after the date the rent was originally due.'
Reference value in Aptoria's compliance data: “Capped at 12% of monthly rent; 2 days grace”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No cap on the amount of an application fee, but the landlord must make its tenant-selection criteria available when the application is provided; if it rejects an applicant without having done so, it must refund the application fee and any application deposit. Bad-faith failure to refund exposes the landlord to $100 plus three times the amount wrongfully retained plus attorney fees.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(b) Statewide prohibition with a narrow disaster exception: a municipality may establish rent control by ordinance only if it finds a housing emergency exists due to a disaster (Gov't Code § 418.004) AND the governor approves the ordinance, and must end it when the governor ends the disaster. No statewide rent cap or rent-increase limit exists.
“(a) The governing body of a municipality may, by ordinance, establish rent control if: (1) the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004, Government Code; and (2) the governor approves the ordinance.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice Texas requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
No statewide rent-increase notice statute. A rent change on a month-to-month tenancy is effected through the one-month termination notice of § 91.001 (or the different notice period the parties agreed to in a signed lease); § 92.331 bars retaliatory increases within 6 months of protected tenant activity.
Absence finding: Chapter 92 was searched for rent-increase notice provisions (only the retaliation rule references increases) and § 91.001 was read in full.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
A month-to-month tenancy terminates on the later of the date in the notice or one month after notice is given (either party); shorter rent periods: a period equal to the rent-paying period. Parties may agree in a signed writing to a different period or to no notice.
“If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
At least 3 days' written notice to vacate before filing a forcible detainer suit, unless the written lease sets a shorter or longer period. For a tenant whose only default is nonpayment and who was not late before that month, the notice must be a 'notice to pay rent or vacate'; otherwise either form is allowed. As of Jan 1, 2026 (SB 38), notice may be delivered by mail, inside the premises in a conspicuous place, hand delivery to a tenant 16+, or (if agreed in writing) electronically. Days are counted per § 24.0042 (weekends count; last day rolls past a weekend/holiday).
“the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a Texas landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
No statewide entry-notice statute: Chapter 92 contains no advance-notice requirement for landlord entry, so the lease terms govern access.
Absence finding: the full text of Chapter 92 was searched for entry / right-of-access provisions and none exist.
Reference value in Aptoria's compliance data: “Reasonable notice”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
TX Real Estate Commission (TREC) broker license required for property management for others.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
Texas next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
No statewide cap (reasonableness standard); 5 days grace
No statewide cap (reasonableness standard)
Capped at 10% of monthly rent
No statewide cap (reasonableness standard)
Rent-increase notice
30 days
30 days
10 days
30 days
30 days
Non-emergency entry notice
Reasonable notice
Reasonable notice
Reasonable notice
24 hours
24 hours
Pay-or-quit notice
3 days
10 days
5 days
3 days
5 days
Source-of-income protection
No statewide protection on file
No statewide protection on file
No statewide protection on file
No statewide protection on file
No statewide protection on file
Card surcharges on rent
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Allowed within card-network limits
Lease disclosures on file
Federal and state disclosures Aptoria's lease workflow surfaces for Texas. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Tenant rights upon repair requests (Tex. Prop. Code §92.056)
• Flood disclosure (HB 998)
• Parking rules (multifamily)
Official sources
Primary sources a Texas landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in Texas?
No statewide cap on the amount of a residential security deposit; Subchapter C of Chapter 92 defines and regulates deposits but sets no maximum. (Tex. Prop. Code § 92.102 (Subch. C), confirmed 2026-10).
How long does a Texas landlord have to return the security deposit?
30 days after the tenant surrenders the premises AND has given a written forwarding address (§ 92.107) — the 30-day clock does not start until the forwarding address is provided. An itemized list of deductions is required unless the tenant owes rent and there is no rent dispute (§ 92.104). Bad-faith retention exposes the landlord to three times the wrongfully-withheld amount plus $100 and attorney's fees (§ 92.109). (Tex. Prop. Code §§ 92.103–92.109, confirmed 2026-07).
What is the maximum late fee in Texas?
No late fee unless (1) the fee is in a written lease, (2) it is reasonable, and (3) rent has remained unpaid two full days after the due date. A fee is presumptively reasonable if it does not exceed 12% of the rental period's rent for a structure with 4 or fewer units, or 10% for a structure with more than 4 units; a higher fee is allowed only up to the landlord's uncertain damages. Violation: $100 + three times the fee collected + attorney's fees; waivers void. (Tex. Prop. Code § 92.019, confirmed 2026-10).
How many days does a Texas pay-or-quit notice give the tenant?
At least 3 days' written notice to vacate before filing a forcible detainer suit, unless the written lease sets a shorter or longer period. For a tenant whose only default is nonpayment and who was not late before that month, the notice must be a 'notice to pay rent or vacate'; otherwise either form is allowed. As of Jan 1, 2026 (SB 38), notice may be delivered by mail, inside the premises in a conspicuous place, hand delivery to a tenant 16+, or (if agreed in writing) electronically. Days are counted per § 24.0042 (weekends count; last day rolls past a weekend/holiday). (Tex. Prop. Code § 24.005(a), (f-3); § 24.0042, confirmed 2026-10).
How much notice must a Texas landlord give before entering?
No statewide entry-notice statute: Chapter 92 contains no advance-notice requirement for landlord entry, so the lease terms govern access. (Tex. Prop. Code Ch. 92, confirmed 2026-10).
How much notice is required to raise rent in Texas?
No statewide rent-increase notice statute. A rent change on a month-to-month tenancy is effected through the one-month termination notice of § 91.001 (or the different notice period the parties agreed to in a signed lease); § 92.331 bars retaliatory increases within 6 months of protected tenant activity. (Tex. Prop. Code § 91.001, confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in Texas?
A month-to-month tenancy terminates on the later of the date in the notice or one month after notice is given (either party); shorter rent periods: a period equal to the rent-paying period. Parties may agree in a signed writing to a different period or to no notice. (Tex. Prop. Code § 91.001, confirmed 2026-10).
Does Texas have statewide rent control?
No statewide rent regulation is on file for Texas. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in Texas?
No statewide source-of-income protection is on file for Texas, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a Texas landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.