Managing rental property in Texas means operating inside a specific legal framework. The Texas Property Code, federal fair housing law, and local ordinances all shape what a landlord can and cannot do — from the language in a lease to the timeline for returning a deposit. Getting compliance right is not just about avoiding lawsuits; it protects your asset value, keeps quality tenants in place, and builds the kind of reputation that fills vacancies faster. This guide walks through the requirements that matter most for single-family homes and small multifamily properties, and how a disciplined operating process keeps you on the right side of each one.
Fair Housing Laws
The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability. Texas enforces these protections through the Texas Fair Housing Act, administered by the Texas Workforce Commission. In practice, compliance means applying the same screening criteria to every applicant, advertising units in neutral language, and never steering prospects toward or away from a property based on a protected class. Reasonable accommodations for tenants with disabilities — such as allowing a service animal despite a no-pets policy — are required. The safest posture is written, consistent screening standards applied identically to everyone, with every decision documented.
Security Deposit Rules
Texas Property Code Section 92.103 governs security deposits. Unlike some states, Texas does not cap the deposit amount, but it strictly regulates the return. A landlord must refund the deposit within 30 days after the tenant surrenders the property and provides a forwarding address. If any amount is withheld, the landlord must include an itemized list of deductions. Normal wear and tear cannot be deducted — only actual damage beyond ordinary use. Acting in bad faith (withholding a deposit without cause) can expose a landlord to liability for three times the wrongfully withheld amount plus the tenant's attorney fees. Meticulous move-in and move-out documentation, with dated photos, is the single best protection.
Lease Requirements
A Texas lease should clearly state the rent amount, due date, late-fee terms, lease length, and the responsibilities of each party. Certain disclosures are required: the identity of the property owner or manager, information about any known lead-based paint hazards for pre-1978 buildings (a federal requirement), and, where applicable, notice of the property's location in a special flood hazard area. Provisions on parking, pets, subletting, and maintenance responsibilities prevent disputes later. Any late fee must be a reasonable estimate of costs and cannot begin until rent is at least one full day late. Clarity in the lease is your first line of defense in any disagreement.
Maintenance Obligations
Texas law imposes a duty on landlords to repair conditions that materially affect the physical health or safety of an ordinary tenant. Under Section 92.052, once a tenant provides proper notice and is current on rent, the landlord must make a diligent effort to repair. Habitability covers essentials: working plumbing, heat, safe electrical systems, and structural integrity. Failing to respond can trigger the tenant's statutory remedies, including repair-and-deduct rights or lease termination. A preventive maintenance schedule — rather than reactive, emergency-only repairs — keeps properties habitable, controls costs, and demonstrates the diligence the law expects.
Eviction Process
Eviction in Texas follows a defined sequence, and skipping steps invalidates the case. It begins with a written Notice to Vacate, giving the tenant at least three days to leave unless the lease specifies otherwise. If the tenant remains, the landlord files a forcible detainer suit in the local justice court. After a hearing, if the court rules for the landlord, the tenant has five days to appeal. Only after that window, and with a writ of possession, can a constable remove the tenant. Self-help evictions — changing locks or removing belongings — are illegal and expose the landlord to significant liability. Following the process precisely is faster than fighting the delays that come from doing it wrong.
Work With a Team That Runs the Playbook
Compliance is a discipline, not a one-time checklist. Mackpost Management Group handles fair housing screening, deposit accounting, lease preparation, preventive maintenance, and the eviction process so Texas owners stay compliant and protected. Explore our services or browse current listings to see how we operate. Ready to talk? Get a free property management consultation.