Texas Landlord Compliance Guide
An educational breakdown of Texas Property Code Title 8 for residential property owners and landlords across Dallas, Collin, and Denton Counties.
Security Deposit Accounting & Returns
Tex. Prop. Code § 92.101 – § 92.109Key Statutory Rules & Landlord Duties
- 30-Day Return Requirement: Landlords must refund the security deposit or mail an itemized accounting within 30 days after the tenant surrenders the premises AND provides a written forwarding address (§ 92.103, § 92.107).
- Forwarding Address Condition: The 30-day clock does not start until the landlord receives the tenant's written forwarding address, but the obligation to return is not forfeited.
- Normal Wear and Tear Prohibition: Landlords cannot deduct for conditions resulting from normal wear and tear (§ 92.104(b)). Only tenant abuse, negligence, unauthorized alterations, or unpaid rent/fees may be deducted.
- Bad-Faith Penalty (§ 92.109): A landlord who retains a deposit in bad faith is liable for $100 plus 3 times the amount wrongfully withheld, plus reasonable attorney's fees and court costs. Bad faith is presumed if not refunded within 30 days.
Repair & Habitability Obligations
Tex. Prop. Code § 92.052 – § 92.056Key Statutory Rules & Landlord Duties
- Statutory Duty to Repair (§ 92.052): Landlord must make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant (e.g., sewage backup, broken HVAC in extreme weather, no running water).
- Rent Must Be Current (§ 92.056(a)): The tenant must not be delinquent in rent at the time of giving the repair notice.
- Notice Requirements: Tenant must provide written notice. If sent by certified mail with return receipt requested, only one written notice is required.
- 7-Day Presumption (§ 92.056(d)): Seven days is presumed a reasonable time for repair, subject to availability of parts and contractor schedules.
- Tenant Remedies (§ 92.0561, § 92.0563): If the landlord fails to repair within reasonable time after statutory notice, tenant remedies may include repair-and-deduct (up to one month rent or $500 whichever is greater), lease termination, or court action.
Security Devices & Mandatory Re-Keying
Tex. Prop. Code § 92.151 – § 92.170Key Statutory Rules & Landlord Duties
- Mandatory Re-Keying (§ 92.156): A landlord must re-key all exterior locks at landlord expense within 7 days after each tenant turnover date (the date a new tenant moves in or the prior tenant moves out).
- Required Devices on Exterior Doors: Keyless bolting device (door-mounted deadbolt operable only from the inside with no exterior keyhole), door viewer (peephole), and keyed deadbolt or doorknob lock on every exterior door.
- Window Latches: Pin locks or window latches on all operable exterior windows.
- Failure to Install (§ 92.164): Tenants may serve written notice demanding compliance within 3 days. Non-compliance permits unilateral lease termination and statutory damages of $100 + attorney's fees.
Smoke Alarms & Safety Disclosures
Tex. Prop. Code § 92.251 – § 92.262Key Statutory Rules & Landlord Duties
- Installation Locations (§ 92.255): Smoke alarms must be installed in each bedroom, in the hallway immediately adjacent to bedrooms, and on each level of multi-story dwellings.
- Inspection at Turnover: Landlord must inspect and verify working smoke alarms at the beginning of each tenancy before move-in.
- Carbon Monoxide Devices: Mandatory compliance where gas appliances or attached garages are present under local municipal codes (Dallas, Plano, Frisco).
- Lead-Based Paint (Federal 42 U.S.C. 4852d): Mandatory disclosure booklet and signed form for any property constructed prior to 1978.
Eviction Process & Notice to Vacate
Tex. Prop. Code Chapter 24Key Statutory Rules & Landlord Duties
- Statutory Notice to Vacate (§ 24.005): Prior to filing an eviction suit (Forcible Detainer), landlord must deliver at least 3 days' written notice to vacate, unless the written lease specifies a different notice window (TAR/TAA standard leases typically allow 24-hour notice).
- Permitted Delivery Methods (§ 24.005(f)): In-person delivery to tenant or person residing aged 16+, certified mail / registered mail, or affixing to inside of main entry door (or outside sealed envelope under strict § 24.005(f-1) rules).
- Justice of the Peace (JP) Court: Eviction suits must be filed in the specific JP precinct where the real property is located (e.g. Dallas County Precinct 1, 2, 3, etc.).
- Lockouts Strictly Prohibited (§ 92.0081): Self-help evictions (changing locks without following statutory lockout procedures, removing tenant possessions, shutoff of utilities) are unlawful and trigger severe statutory damages.
Dallas & North Texas Justice Court Jurisdiction
In Dallas County, eviction filings (Forcible Detainer) must be filed in the Justice of the Peace precinct where the leased unit is located. Each precinct has specific local scheduling rules, court costs (typically $54 filing fee plus Constable service fee per defendant), and electronic filing procedures via eFileTexas. If a judgment for possession is awarded and the tenant does not vacate within 5 calendar days, a landlord must request a Writ of Possession executed exclusively by the County Constable.
Texas Landlord Compliance FAQ
Common questions regarding Texas Property Code compliance for independent rental owners.
Under Texas Property Code § 92.104(b), landlords cannot deduct for normal wear and tear resulting from ordinary habitation. If carpet shows ordinary traffic wear, the cost is the landlord's operational expense. Deductions are only permitted for documented damage beyond normal wear (e.g. pet urine stains, burns, tears), and costs should be depreciated based on the carpet's useful lifespan.
Under Texas Property Code § 92.052, conditions materially affecting health or safety require diligent repair. During high summer temperatures in Dallas (often exceeding 100°F), courts frequently view complete AC failure as an urgent safety matter requiring same-day or 24-to-48-hour contractor triage, well within the 7-day presumptive window.
Texas law does not have a specific statutory notice window for routine landlord entry, but standard Texas Association of Realtors (TAR) and Texas Apartment Association (TAA) leases require reasonable advance notice (typically 24 hours) except in genuine property emergencies.
Under Texas Property Code § 92.107, the landlord is not obligated to return the deposit or provide an itemized list of deductions until the tenant provides a written forwarding address. However, the tenant does not forfeit the deposit, and the landlord must immediately issue the refund/accounting once the address is received.
Ensure Complete Texas Statutory Compliance
Nandi Properties provides Dallas landlords with TAR-compliant lease drafting, licensed 24/7 maintenance dispatch, statutory 30-day deposit accounting, and complete peace of mind.