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Search Austin landlords →Texas tenant law lives primarily in Texas Property Code Chapter 92. Unlike Oregon, Texas is considered a more landlord-friendly state — but it still contains significant protections that many Austin landlords try to override with lease language. Those overrides are void.
Texas law requires landlords to return your security deposit within 30 days of the tenant surrendering the unit. Deductions require a written description of each item and its cost. If the landlord fails to return the deposit or provide the required itemization within 30 days, they forfeit the right to retain any of it and may owe you three times the amount wrongfully withheld plus attorney fees. Any lease clause shortening the 30-day period or waiving the itemization requirement is void.
Texas grants tenants the right to repair habitability conditions and deduct the cost from rent when landlords fail to make repairs within a reasonable time after written notice. This right kicks in for conditions that materially affect health or safety. The repair-and-deduct cap is one month's rent or $500, whichever is greater. A lease clause requiring you to waive this right is void under Texas law — § 92.006 expressly prohibits lease provisions that purport to waive statutory tenant remedies.
Texas landlords cannot retaliate against tenants for: complaining in good faith about habitability conditions, contacting a government agency or tenant rights organization, filing a lawsuit, or organizing with other tenants. Retaliation is presumed if adverse action occurs within six months of a protected activity. Prohibited retaliatory acts include rent increases, reducing services, filing eviction, and threatening any of these. Lease clauses purporting to waive these retaliation protections are void under § 92.006.
Section 92.006 is Texas's blanket override: any lease provision that purports to waive a statutory tenant right, exempt the landlord from liability for bad faith, or limit tenant remedies is void as against public policy. This means a signed lease cannot strip you of your Chapter 92 rights — period. The landlord cannot make you agree away repair-and-deduct, deposit return requirements, retaliation protections, or other statutory remedies.
Texas caps late fees at 12% of monthly rent for buildings with 4+ units (§ 92.019). Late fees cannot be charged until rent is at least two days overdue. Landlords cannot lock you out of your unit or cut off utilities — electricity, gas, water — without a court order (§§ 92.0081, 92.008). These are criminal violations, not just civil ones. A lease clause purporting to authorize lockout or utility shutoff for non-payment is unenforceable and the landlord faces liability.
Texas gives you 30 days and a written itemization of deductions. Lease clauses waiving these rights or imposing shorter timelines conflict with § 92.103.
§ 92.006 makes this void. Any clause waiving your right to repair habitability conditions and deduct from rent is unenforceable under Texas Property Code.
Texas caps late fees at 12% of monthly rent for properties with 4+ units. Late fees exceeding this cap are unenforceable — you owe the lesser amount.
Texas § 92.0081 prohibits landlord lockouts without a court order. Any lease clause purporting to authorize self-help eviction — including "landlord may change locks if rent is 5+ days late" — is illegal.
Texas allows fee-shifting in landlord-tenant disputes, but one-sided clauses requiring tenants to pay fees even when the landlord is at fault are examined carefully by Texas courts.
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Search Austin landlords →Texas Property Code § 92.103 requires landlords to return your security deposit within 30 days of you surrendering the unit, along with a written description of any deductions. If a landlord fails to return it within 30 days without a written accounting, they forfeit the right to withhold any portion and may owe you three times the wrongfully withheld amount plus attorney fees. No lease clause can shorten this timeline.
No. Texas Property Code § 92.0081 prohibits landlord lockouts without a court order. This includes changing locks, removing doors, or blocking access. Violations can constitute a criminal offense and expose the landlord to substantial civil liability — including one month's rent plus $1,000 in penalties per incident. Any lease clause purporting to authorize self-help lockout is void and unenforceable.
Texas Property Code § 92.006 declares void any lease provision that: waives a statutory tenant right, exempts the landlord from liability for bad faith violations, or limits tenant remedies provided by Chapter 92. This means clauses waiving your deposit return rights, repair-and-deduct rights, retaliation protections, or lockout/utility shutoff prohibitions are unenforceable — even if you signed the lease.
Texas Property Code § 92.019 caps late fees for properties with four or more dwelling units at 12% of monthly rent. For a $1,500/month apartment, the maximum is $180. Late fees also cannot be charged until rent is at least two days overdue. Fees exceeding these limits are unenforceable — you only owe the legal maximum regardless of what the lease says.
No. Texas Property Code § 92.331 prohibits landlord retaliation against tenants who file good-faith habitability complaints, contact a government agency, or organize with other tenants. Prohibited retaliatory actions include rent increases, service reductions, eviction filing, and threats of these actions. If adverse action occurs within six months of a protected activity, Texas law presumes it was retaliatory.