Landlord-tenant disputes in Texas, deposits and evictions

A deposit that never came back, a repair that keeps getting delayed, a notice taped to the door. Landlord-tenant disputes are some of the most common legal problems people face, and they tend to happen fast.

This page explains the general rules in Texas from both sides, the tenant's and the landlord's. I represent both, and most of the problems I see could have been smaller if the right step had been taken earlier.

These are general rules. Your lease, the type of housing and local rules can change the answer. For your situation, talk to a lawyer with your documents in hand.

What does a landlord-tenant dispute usually involve?

Most disputes fall into a handful of groups: deposits, rent and late fees, repairs, rent increases, and eviction. Each one has its own rules and deadlines.

The lease comes first. Many questions, such as late fees, notice periods and who pays for what, are answered by the lease, within the limits of the Texas Property Code. Reading the lease again before taking any step is the most useful thing either side can do.

Dispute	General path	Key deadline or rule
Security deposit not returned	Written request, then justice court if needed	30 days after surrender (Prop. Code § 92.103)
Repairs not made	Written notice under the statute, then statutory remedies	Reasonable time after notice (Prop. Code § 92.056)
Rent increase	Governed by the lease; no general rent control	Proper notice before a month-to-month change
Eviction for unpaid rent	Notice to vacate, then eviction suit in justice court	Usually 3 days' notice unless the lease differs (§ 24.005)
Lockout or utility shutoff	Statutory limits on self-help	Strict rules in § 92.0081 and § 92.008

How do security deposits work?

A landlord generally must refund the deposit within 30 days after the tenant surrenders the unit. If the landlord keeps any part, it must give the tenant a written description and an itemized list of deductions.

Normal wear and tear cannot be deducted. Damage beyond normal use, and unpaid rent, generally can. The line between the two is where many disputes start, which is why move-in and move-out photos are so useful.

One detail matters a lot: the tenant should give the landlord a written forwarding address. The landlord's duty to send the refund and the list depends on it. A tenant who moves out without leaving an address can weaken a later claim.

If the deposit is not returned and the dispute cannot be settled, the tenant can file in justice court. A written demand letter often comes first and sometimes resolves it.

How does an eviction work?

An eviction in Texas is a court case. A landlord cannot remove a tenant on its own, even when rent is unpaid.

The process usually starts with a written notice to vacate. Under Texas Property Code § 24.005, the notice period is generally at least 3 days, unless the lease sets a different period. After the notice period ends, the landlord can file an eviction suit in the justice court for the precinct where the property is located.

The justice court sets a hearing. Both sides can bring documents and witnesses. If the landlord wins, the court can later issue a writ of possession, which allows a constable to return possession to the landlord. The tenant can appeal to county court, but the window is very short.

1. 1

   Notice to vacateUsually 3 days

   Written notice delivered as the statute allows

2. 2

   Eviction petition

   Filed in the justice court for the property's precinct

3. 3

   Hearing

   Both sides present evidence; the judge decides possession and rent owed

4. 4

   Appeal windowGenerally 5 days

   Either side may appeal to county court

5. 5

   Writ of possession

   If no appeal, a constable can restore possession to the landlord

Can rent go up, and by how much?

Texas generally does not have rent control, and state law limits cities from adopting it. How much rent can go up, and when, is a matter for the lease.

During a fixed-term lease, rent usually stays the same unless the lease allows changes. When the lease ends, the landlord can offer a renewal at a new rate. In a month-to-month arrangement, the change requires proper advance notice. If you want to see what a percentage increase means in dollars, the rent increase calculator can help with the math.

How do the dates usually line up?

Many disputes go wrong because one side does not track dates. The timeline below shows the general order in a move-out and deposit dispute.

• Notice of move-out

  Given as the lease requires, often in writing

• Surrenderkey deadline

  Tenant returns keys and leaves; take photos of the unit

• Forwarding addresskey deadline

  Tenant gives the landlord a written forwarding address

• Within 30 days

  Landlord refunds the deposit or sends an itemized list of deductions

• If unresolved

  Demand letter, then a claim in justice court

What happens when a tenant and landlord cannot agree?

Here is a made-up but realistic example. A tenant in Austin moves out after two years. Six weeks later, nothing has arrived: no refund and no list. The tenant is angry and wants to "sue right away."

The first question is whether the tenant gave a written forwarding address. If not, sending one now and keeping a copy is the next step. The second question is what the move-out photos show. The third is whether a short, firm written request might resolve it without court.

From the landlord's side, the same facts look different. Perhaps there was real damage, but no list was ever sent. A landlord who misses the written-list requirement can face more exposure than the damage itself. Many of these disputes can settle once both sides look at the same documents, sometimes with help from a mediator.

Why is changing the locks risky?

Some landlords consider changing the locks or removing a tenant's belongings when rent is late. Texas law sharply limits this. A lockout is allowed only under the conditions in Texas Property Code § 92.0081, which include notice requirements and a duty to give the tenant a new key on request. Utility shutoffs are also restricted.

A landlord who goes beyond those rules may owe the tenant damages and other relief. The safer path for a landlord is almost always the court process, even when it feels slower.

When should you talk to a lawyer?

It helps to talk to a lawyer before signing a lease with unusual terms, when you receive or need to send a notice to vacate, when a deposit dispute involves a significant amount, and as soon as an eviction suit is filed. Eviction cases move in days, not months.

If you have been served with an eviction petition, read the hearing date carefully and do not miss it. If you are a landlord, do not take any step to remove a tenant before the court process is complete.

Landlord-tenant problems are easier to handle early. Keep the lease, payment records, messages and photos together, and make important requests in writing. For general deadlines that may apply to your claim, see the statutes of limitations guide.