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Texas renters rights: what apartment complexes are legally required to do

By Ross Quade · Updated 2026-06-10

Texas renters rights: what apartment complexes are legally required to do

Renting in Texas comes with fewer built-in protections than some other states, which makes it worth knowing the specific rights you do have. This is general information about Texas landlord-tenant law, not legal advice for your specific lease or situation. If you are in an active dispute, a local tenant rights organization or attorney can look at your lease and your facts directly.

Repairs and habitability

Texas law requires landlords to make a diligent effort to repair conditions that materially affect a tenant’s physical health or safety, once notified in writing. That includes things like no running water, no functioning heat during cold weather, electrical hazards, or serious pest or mold problems tied to a structural issue like a leak. It generally does not cover cosmetic complaints, like scuffed paint or worn carpet, which fall under normal property upkeep rather than a habitability violation.

The process matters as much as the underlying issue. Put repair requests in writing, keep a copy, and give the landlord a reasonable amount of time to respond before escalating. Texas law provides specific remedies, including repair-and-deduct in some circumstances, but those remedies come with strict procedural requirements. Skipping a step, like not giving proper written notice, can undermine an otherwise valid complaint.

Notice to enter your apartment

There is no single statewide notice period that applies to every routine landlord entry in Texas, which surprises a lot of renters. In practice, this means your lease is the controlling document, and most leases in Greater Austin specify a notice window, commonly 24 hours, for non-emergency entry such as maintenance or inspections. Emergencies, like an active water leak, are typically treated as an exception that allows immediate entry. Read this section of your lease specifically before signing, since it varies more between properties than most renters expect.

Security deposits and move-out

Texas law requires deposits to be returned, or itemized in writing, within 30 days of move-out and receiving a forwarding address. Deductions are supposed to cover actual damage beyond normal wear and tear, not routine upkeep. Documenting the unit’s condition at move-in and move-out, and following up in writing if the 30 days pass with no response, is the most reliable way to protect that money.

Notice to vacate and lease term rules

At the end of a fixed-term lease, most properties require written notice of your intent to move out or renew, often 30 to 60 days ahead, and this requirement is set by your lease rather than a single state rule. Missing this window can trigger an automatic renewal or a month-to-month conversion at a higher rate, so mark the date on a calendar well ahead of your actual move-out target.

Renter rightWhat it coversWhere it comes from
Habitability repairsLandlord must address health/safety issues after written noticeTexas Property Code
Deposit return30 days to refund or itemize deductionsTexas Property Code
Entry noticeGoverned primarily by your specific lease termsLease agreement
Notice to vacateWritten notice required, timing set by leaseLease agreement
Protection from retaliationLandlord cannot retaliate for a good-faith repair complaintTexas Property Code

A renter reviewing a printed copy of a lease agreement with sections highlighted

Retaliation protections

Texas law prohibits a landlord from retaliating against a tenant for exercising a legal right in good faith, such as requesting a repair or reporting a code violation, for six months after the tenant’s action. Retaliation can include a sudden rent increase, a lease non-renewal, or reduced services that were not an issue before the complaint. If a pattern like this shows up right after a repair request, it is worth documenting the timeline in writing.

Where to go if things escalate

If a written repair request, a documented deposit dispute, or a notice issue does not resolve directly with the property, Texas Justice Courts handle most landlord-tenant disputes without requiring an attorney, and local tenant rights organizations in the Austin area can advise on next steps before you file anything. Our homepage and methodology page cover how we evaluate the communities across Greater Austin, including patterns in how management companies handle exactly these kinds of issues.

Knowing these basics before you sign, not after a dispute starts, puts you in a stronger position if something ever goes wrong.

FAQ

Is Texas a tenant-friendly state?
Texas gives landlords broad flexibility compared to many states, but tenants still have specific rights around habitability, repairs, and notice that are enforceable under the Texas Property Code.
Do I have to pay rent if my apartment has a serious repair issue?
Generally yes, you must continue paying rent even during a repair dispute, while separately pursuing repair remedies. Withholding rent without following the correct legal process can put you at risk of eviction.
How much notice does a landlord need before entering my unit?
Texas law does not set a single statewide notice period for routine entry, so your lease terms typically govern this. Many leases specify 24 hours notice except in emergencies.
What counts as an uninhabitable apartment?
Conditions that materially affect health or safety, such as no working plumbing, no heat in cold weather, or serious pest infestations, generally qualify. Cosmetic issues typically do not.

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Last updated 2026-07-17