Money & Risk | Landlord Rules

Texas Landlord Rules for Small Rental Owners (2026)

If you rent out a duplex, triplex or fourplex in Texas, the core rules are in one chapter of state law: Property Code chapter 92. A Texas city can cap rents only after a disaster and with the governor's approval. Deposits go back within 30 days. One rule changes at four units: the late fee a court presumes reasonable. Evictions follow new steps under SB 38 since January 1, 2026.

Rent Control Needs a Disaster and the Governor

Local Government Code 214.902 sets the conditions for city rent control in Texas. A city may adopt a rule that controls rent on private residential property only 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." The rule then continues or ends the way the governor's disaster declaration does.

Outside that case, Texas cities may not cap rents. The state rule that touches rent increases is the retaliation rule below, which bars raising the rent in reply to a good-faith complaint or repair request.

The Rules at a Glance

Sources: Property Code chapter 92, chapter 91, chapter 24 and Local Gov. Code 214.902.

Security Deposits

Under Property Code 92.103(a), "the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises." Section 92.104 requires a written, itemized list of any deductions and says: "The landlord may not retain any portion of a security deposit to cover normal wear and tear."

Under Section 92.109, a landlord who keeps a deposit in bad faith "is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees." Missing the 30-day deadline creates a presumption of bad faith, which means the court starts from the view that the landlord acted in bad faith unless the landlord proves otherwise.

Tenants have a matching duty. Section 92.108 says "The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent," and a tenant who does so in bad faith owes three times the rent withheld.

Late Fees: Where Four Units Matters

Property Code 92.019 is the one place where Texas landlord law treats a fourplex differently from a five-unit building. A late fee is allowed only if the written lease provides for it, the fee is reasonable, and rent has stayed unpaid for two full days after its due date. A fee is presumed reasonable if it is no more than "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 10 percent for a dwelling in a structure with more than four units.

If you build a fifth unit in the same structure, the presumed limit for every unit in it drops to 10 percent.

Repairs and Retaliation

Under Section 92.052(a), once a tenant who is current on rent gives notice, the landlord must make a diligent effort to repair a condition that "materially affects the physical health or safety of an ordinary tenant," and must keep a device that supplies hot water "of a minimum temperature of 120 degrees Fahrenheit." If the landlord fails, Section 92.0563 lets a court order the repair, cut the rent, and award "a civil penalty of one month's rent plus $500," with actual damages and attorney's fees.

Section 92.331 protects tenants who ask for repairs. For six months after a tenant's good-faith complaint or repair request, a landlord may not retaliate by filing an eviction (except on the grounds the law lists), cutting services, "increasing the tenant's rent or terminating the tenant's lease." Keep written records of why and when any rent change or notice was decided.

Locks, Smoke Alarms and Occupancy

Every rental unit needs these security devices whether or not the tenant asks. Section 92.153(a) requires, with no request from the tenant, "a window latch on each exterior window of the dwelling" and "a doorknob lock or keyed dead bolt on each exterior door," plus a keyless bolting device (a lock worked only from inside) and a door viewer on exterior doors, and a pin lock and a handle latch or bar on sliding glass doors. Section 92.006 says these duties "may not be waived" in the lease.

Section 92.255 requires "at least one smoke alarm in each separate bedroom," plus one in the hallway serving the bedrooms and one on each level. Section 92.010(a) caps occupancy: "the maximum number of adults that a landlord may allow to occupy a dwelling is three times the number of bedrooms," with exceptions under fair housing law and for family violence cases.

Cities can set their own occupancy rules too. Austin repealed its limit on unrelated adults in 2023 (see the Austin page). SB 1567 (2025) limits how some college-town cities cap occupants: a home-rule city under 250,000 people with, or next to, a campus of more than 20,000 students may not cap occupants by family status or relationship, but may cap at one person per bedroom of at least 70 square feet plus one more for each extra 50 square feet.

Ending a Tenancy and Evictions Under SB 38

A month-to-month tenancy ends under Property Code 91.001 on the later of the date given in the notice or "one month after the day on which the notice is given," unless the parties signed an agreement setting another period. Either landlord or tenant may give that notice.

Eviction starts with notice. Property Code 24.005(a) requires "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." A forcible detainer suit is the court case to recover possession.

SB 38 (2025) rewrote the court steps, effective January 1, 2026 (one section took effect September 1, 2025, by the bill history). Under Property Code 24.0041, "An eviction suit must be brought in the justice precinct in which the real property is located." Under Section 24.005106, a landlord may file a sworn motion for summary disposition, which asks the court to decide without a full trial. The tenant has until the fourth day after being served with the landlord's sworn petition to file a response. If the facts are disputed, the court "shall set a trial date that is not earlier than the 10th day and not later than the 21st day after the date the petition is filed."

Lockouts

Texas lets a landlord change the locks on a tenant who is behind on rent, with conditions. Under Section 92.0081, the landlord must post a notice that tells the tenant where a new key is available at any hour, or gives "a telephone number that is answered 24 hours a day that the tenant may call to have a key delivered within two hours after calling the number." If you manage your own building, plan how you would meet that rule before you use it.

A Checklist Before the First Tenant Moves In

The rules above turn into a short list for a newly built duplex, triplex or fourplex:

• Window latches on each exterior window, and on each exterior door a doorknob lock or keyed deadbolt, a keyless bolting device and a door viewer (Section 92.153).
• Pin locks and a handle latch or bar on every sliding glass door (Section 92.153).
• A smoke alarm in each bedroom, in each hallway serving bedrooms, and on each level of every unit (Section 92.255).
• Hot water that reaches at least 120 degrees Fahrenheit (Section 92.052).
• A written lease that states any late fee, set at no more than 12 percent of monthly rent in a building of four or fewer units if you want the presumption of reasonableness (Section 92.019).
• A system to return deposits, with an itemized list of deductions, within 30 days after a tenant leaves (Sections 92.103 and 92.104).
• A plan for a 24-hour key line if you ever intend to change locks for unpaid rent (Section 92.0081).

Section 92.006 says the duties on security deposits and security devices cannot be waived in the lease, so a lease clause that tries to remove them does not protect you.

Where to Go Next

Related on VanPlex: the other 2025 laws page and the Texas multiplex guide overview.

Frequently Asked Questions

Official sources (checked October 2026)