Texas Room Rental Agreement Generator

The Texas Property Code is the primary source of landlord-tenant rules. Chapter 92 applies to residential tenancies and covers deposits, repairs, smoke detectors, security devices, and prohibited landlord conduct such as unlawful lockouts and utility disconnections. Chapter 91 covers general provisions including notices and the landlord’s duty to mitigate damages after a tenant abandons the property.

Texas law is permissive in some areas — there is no rent control and no deposit cap — but procedural where it does regulate: deadlines, itemized lists, and written notices are strictly enforced, with money penalties attached. Courts read Chapter 92 literally, so a landlord who misses a deadline loses even when the tenant caused the damage.

Texas has no statutory limit on the size of a security deposit — the amount is whatever the lease says. The deadline is the part that is fixed: the landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises (Prop. Code § 92.103). A requirement that the tenant give advance notice of surrender is enforceable only if that requirement is underlined or printed in conspicuous bold print in the lease (§ 92.103(b)).

One practical catch: under § 92.107, the landlord is not obligated to return the deposit or provide the itemized statement until the tenant gives a written forwarding address. A tenant who never provides one does not give up the right to a refund — the address requirement just pauses the clock — but tenants should always provide a forwarding address in writing.

If the landlord deducts, they must provide a written description and itemized list of the damages and charges, dated, with the reasons (§ 92.104). Deductions are limited to damages and charges for which the tenant is legally liable under the lease, and the landlord may never retain any portion for normal wear and tear. The tenant’s claim to the deposit takes priority over the landlord’s other creditors, including a trustee in bankruptcy (§ 92.103(c)).

Texas punishes deposit misconduct hard. Under § 92.109, a landlord who in bad faith retains a deposit is liable for $100 plus three times the portion wrongfully withheld, plus the tenant’s reasonable attorney’s fees. A landlord who in bad faith fails to provide the written description and itemized list forfeits the right to withhold any portion of the deposit and to sue the tenant for damage to the premises, and is liable for attorney’s fees.

The trap is procedural: if the landlord misses the 30-day deadline, the tenant gets a rebuttable presumption of bad faith (§ 92.109(d)) — the landlord then has to prove good faith in court. The burden of proof is on the landlord to show the retention was reasonable. In practice, Texas landlords lose deposit cases by missing the calendar, deducting normal wear and tear, or sending an itemization too vague to defend.

The defensive playbook for Texas landlords: photograph the unit at move-in and move-out, run the 30-day clock in a calendar, itemize with real invoices, depreciate older items, and keep proof of mailing. For tenants: send the forwarding address in writing, demand the itemized list, and if a landlord misses the deadline, the presumption of bad faith is on your side.

Texas does not cap rent increases. For a fixed-term lease, the rent is locked for the term; the landlord cannot raise it mid-term unless the lease allows it. For a month-to-month tenancy, the lease governs how much notice is required to change terms — 30 days is the common industry standard, and landlords should follow the lease’s notice provision exactly.

Tenants should treat any rent increase notice as a negotiation moment: check the lease for the notice period, compare the new rate with comparable listings, and respond in writing before the deadline. Landlords should issue increases in writing with the lease-required notice and keep a copy — an oral increase on a month-to-month tenancy is a common source of disputes that the landlord rarely wins.

A Texas landlord must make a diligent effort to repair or remedy a condition that materially affects the physical health or safety of an ordinary tenant within 7 days of receiving written notice (§ 92.052). If the landlord fails, the tenant has specific statutory remedies — including termination of the lease, repair-and-deduct under strict conditions, and civil damages — but only after following the notice requirements precisely.

Texas also requires landlords to install smoke detectors (and, where applicable, carbon monoxide alarms) and to provide basic security devices such as deadbolts and window latches (§§ 92.151–92.170, 92.251–92.256). Federal lead-paint disclosure applies to housing built before 1978. A landlord cannot shut off utilities or lock out a tenant to force payment — those are illegal self-help remedies in Texas.

Texas evictions are forcible entry and detainer (FED) suits filed in justice court in the precinct where the property is located. For nonpayment of rent, the landlord must give the tenant a written notice to vacate of at least 3 days before filing (Prop. Code § 24.005). Lease violations follow the notice requirements in the lease; the FED suit itself is decided quickly, and a writ of possession is enforced by the constable — never by the landlord personally.

A tenant served with a FED citation must file a written answer by the deadline to avoid a default judgment; in justice court the filing fee is modest, and tenants can raise defenses such as retaliation or breach of the repair duty. Tenants should contact the Austin Tenants Council, Texas RioGrande Legal Aid, or a local legal aid office immediately — eviction timelines in Texas are short.

Justice court handles landlord-tenant cases up to its civil jurisdictional limit, and its procedures are designed for self-represented parties. The Texas State Law Library publishes plain-language landlord-tenant guides, and the Austin Tenants Council maintains form demand letters and petitions that tenants can adapt.

Before filing, send a written demand letter that cites the specific Property Code section and sets a deadline — most deposit disputes settle at this stage. Whichever side you are on, the outcome will turn on documentation: the lease, the move-in/move-out photos, the written notices, the itemized list, and proof of mailing. Texas law rewards the party who follows the procedures.