Security deposits, repairs, late fees, required disclosures, and fair housing rules every Houston landlord should know in 2026.
Updated November 2026 — By Pro Plus Realtors. Most of the rules that govern a Houston rental home are in one place: Chapter 92 of the Texas Property Code (residential tenancies). Houston does not have rent control, and Texas law limits what cities can add, so the state code, your lease, and federal fair housing law do most of the work. Here are the rules Houston-area owners ask us about most, with links to the official text so you can read them yourself.
Texas does not cap the amount of a security deposit, but it strictly regulates the refund. Under Section 92.103, the landlord must refund the deposit, minus lawful deductions, within 30 days after the tenant surrenders the property. Section 92.104 requires a written, itemized list of deductions (with limited exceptions), and you cannot deduct for normal wear and tear. A landlord who acts in bad faith can owe the tenant $100, three times the wrongfully withheld amount, and attorney's fees under Section 92.109.
The tenant's side: a landlord is not obligated to refund until the tenant provides a written forwarding address. Good move-in and move-out documentation is your best protection.
Section 92.052 requires a landlord to make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant, once the tenant gives notice and is current on rent. The law presumes seven days is a reasonable time to repair, though that can vary with the circumstances. If a landlord fails to act, Sections 92.056 and 92.0561 give the tenant remedies, including in some cases terminating the lease or repairing and deducting.
In Houston that means A/C failures in August, water leaks, and electrical issues need fast response. Our property maintenance process explains how we triage and dispatch vendors.
Section 92.019 lets a landlord charge a late fee only if the fee is in a written lease, is reasonable, and rent remains unpaid for two full days after the due date. The statute provides a safe harbor: a fee of no more than 12% of monthly rent for a building with four or fewer units (10% for larger buildings) is presumed reasonable.
Texas law does not set a specific notice period for landlord entry; it is governed by the lease, so write a clear entry clause. Lockouts and utility cutoffs are tightly restricted (Sections 92.0081 and 92.008). Section 92.331 prohibits retaliating against a tenant within six months of a good-faith repair request or complaint. When a tenant must leave, follow the court process described in our Texas eviction process guide for Harris County landlords.
The federal Fair Housing Act protects race, color, religion, sex, national origin, disability, and familial status, and the Texas Fair Housing Act mirrors it. Apply the same written screening criteria to every applicant. Texas Local Government Code Section 250.007 prevents cities and counties from forcing landlords to accept Housing Choice Vouchers, so participation is voluntary in Houston. Many owners choose it anyway; see Section 8 property management in Houston.
Under the Texas Real Estate License Act (Texas Occupations Code Chapter 1101), anyone who leases or manages property for others for compensation generally must hold a license from the Texas Real Estate Commission (TREC). You can look up any license on TREC's website. Pro Plus Realtors is a licensed Texas brokerage.
Beyond the 30-day refund deadline, three deposit provisions trip up Houston owners most often:
Practical tip: take date-stamped photos at move-in and move-out, keep repair invoices, and describe each deduction specifically ("replaced broken bedroom blind, $45") rather than in general terms.
Section 92.052 applies only when the tenant has given notice to the person to whom rent is normally paid and is not delinquent in rent at the time of notice. If the lease is in writing, the lease can require that repair requests be made in writing (Section 92.052(d)), which is one reason a written lease and an online maintenance portal protect owners. The landlord generally is not required to repair conditions caused by the tenant, a household member, or a guest, other than normal wear and tear.
The repair-and-deduct remedy in Section 92.0561 is limited: the tenant must follow specific notice steps, and the deduction in any one month is generally capped at the greater of one month's rent or $500. Tenants can also seek a court order, rent reduction, or damages under Section 92.0563. Responding quickly and documenting the response is far cheaper than defending any of these.
Section 92.0081 allows a landlord to change door locks for unpaid rent only if the lease grants that right in underlined or bold print, the tenant is delinquent, and the landlord has given the advance notice the statute requires. When locks are changed, the landlord must post a notice on the front door stating where the new key can be obtained 24 hours a day, and must provide the key to the tenant on request regardless of whether rent is paid. A lockout is therefore only a way to prompt contact; it is not a way to remove a tenant. Violations can expose the landlord to the tenant's actual damages, a civil penalty of one month's rent plus $1,000, attorney's fees, and lease termination.
Section 92.008 generally bars a landlord from interrupting or causing the interruption of utilities the landlord furnishes, except for bona fide repairs, construction, or emergencies. Do not remove doors, windows, appliances, or a tenant's belongings to pressure a move-out; Section 92.0081 also restricts removing property.
If you accept cash rent, Section 92.011 requires the landlord to accept it only in a way that provides a written receipt and to keep a record of cash payments. Most professional managers avoid cash entirely and use electronic payments with an automatic ledger.
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No. Texas Local Government Code Chapter 214 generally prohibits cities from adopting residential rent control except in narrow disaster situations.
30 days after the tenant surrenders the property, under Texas Property Code Section 92.103, with an itemized list of any deductions.
The fee must be reasonable and in the lease. For buildings with four or fewer units, a fee up to 12% of monthly rent is presumed reasonable under Section 92.019.
No. Texas law prevents local governments from requiring landlords to accept vouchers, although fair housing protections still apply to every applicant.
Yes. Section 92.0135 requires a flood disclosure notice in residential leases signed on or after January 1, 2022.
Only under Texas Property Code Section 92.0081: the right must be in the lease in bold or underlined print, the required notice must be given, and a new key must be provided on request even if rent is still unpaid.
Related: Houston property management services · Houston Section 8 guide · Houston landlord hub