Texas Property Code Chapter 92 governs the relationship between landlords and tenants in residential rental properties. It sets out landlord obligations for repairs and maintenance, security deposit handling, lease termination rights, and landlord entry rules. Violations can expose owners to liability, including actual damages, statutory civil penalties, and the tenant’s attorney’s fees. In some cases a tenant may also be entitled to deduct repair costs from rent, obtain a court-ordered rent reduction, or end the lease early.
Repair and Maintenance Obligations
Chapter 92 requires a landlord to make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant after the tenant gives proper notice, provided the tenant is current on rent when notice is given. The law presumes seven days is a reasonable time to repair; that presumption can be rebutted based on the severity of the condition and the availability of materials, labor, and utilities. If a landlord fails to repair after proper notice and a reasonable time, the tenant may be able to terminate the lease, repair the condition and deduct the cost from rent, or sue for a repair order, a rent reduction, a civil penalty of one month’s rent plus $500, actual damages, court costs, and attorney’s fees. Tex. Prop. Code §§ 92.052, 92.056, 92.0561, 92.0563
Security Deposit Rules
Texas law requires a landlord to refund the security deposit, with a written description and itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises (subject to the tenant’s forwarding-address requirements). A landlord who misses this deadline is presumed to have acted in bad faith. A landlord who in bad faith keeps 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 itemized list loses the right to keep any part of the deposit or to sue the tenant for damage to the premises, and is liable for the tenant’s attorney’s fees. Tex. Prop. Code §§ 92.103, 92.109
Landlord Right of Entry
Chapter 92 does not specify a required notice period for landlord entry in Texas (unlike many states). Entry rights are generally set by the lease, so leases should clearly state when and how the landlord may enter and what notice will be given. As a best practice, owners should enter only at reasonable times, for legitimate purposes, and with advance notice.
Lease Termination Rights
Both landlords and tenants have defined termination rights under Chapter 92. A landlord’s right to end a tenancy for non-payment, lease violations, or holdover generally comes from the lease and other provisions of Texas law, not Chapter 92. Evicting a tenant requires a court proceeding under Chapter 24 of the Property Code, and Chapter 92 strictly limits lockouts and removal of a tenant’s property. A tenant who leaves early without a legal basis generally remains responsible under the lease. However, Chapter 92 lets tenants end a lease early and avoid liability for future rent in certain situations, including family violence, certain sex offenses or stalking, military service, and the death of a sole occupant, if the statute’s notice and documentation requirements are met. Tex. Prop. Code §§ 92.0081, 92.016, 92.0161, 92.0162, 92.017
Retaliation Protections
Chapter 92 prohibits a landlord from retaliating against a tenant who, in good faith, exercises a legal right or remedy; gives a repair notice; complains about a building or housing code violation or utility problem to a government agency, utility, or civic or nonprofit agency; or participates in a tenant organization. For six months after the tenant’s action, a landlord may not retaliate by filing an eviction, depriving the tenant of use of the premises, decreasing services, increasing rent, terminating the lease, or interfering in bad faith with the tenant’s lease rights. Some actions are not retaliation. For example, evicting a tenant who is delinquent in rent when notice to vacate is given. A tenant who proves retaliation may recover a civil penalty of one month’s rent plus $500, actual damages, court costs, and attorney’s fees. Tex. Prop. Code §§ 92.331–92.333
Important Information for Owners of Rental Properties in Texas
Chapter 92 of the Texas Property Code governs residential tenancies in Texas. Owners, and the property managers who act for them, should understand its requirements. This page summarizes selected key obligations. View the official text of Chapter 92. This page is for general informational purposes only and is not legal advice. It summarizes selected provisions of Texas Property Code Chapter 92 as last reviewed on 2026-10-05. Laws change, and how they apply depends on your specific facts and lease. Consult a licensed Texas attorney about your situation.
Landlord Obligations with Regard to the Texas Property Code
How Pyramis Manages Chapter 92 Compliance
Staying current with Texas Property Code obligations is one of the ways Pyramis protects owners from unnecessary liability. We handle repair requests, deposit accounting, and lease documentation for every property we manage, so owners don’t have to track statutory deadlines on their own. If you’re managing your San Antonio rental property independently and have questions about Chapter 92 compliance, contact us or request a free rental analysis to learn how professional management changes the liability picture.
Frequently Asked Questions About Texas Property Code Chapter 92
What is Chapter 92 of the Texas Property Code?
Chapter 92 governs the relationship between landlords and tenants in residential rental properties. It covers repairs and maintenance, security deposits, lease termination rights, retaliation, and limits on lockouts. Violations can expose owners to actual damages, statutory civil penalties, and the tenant’s attorney’s fees.
What repairs does a Texas landlord have to make?
A landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. The tenant must give proper notice and be current on rent when notice is given. The law presumes seven days is a reasonable time to repair, depending on the severity of the condition.
How long does a landlord have to return a security deposit in Texas?
A landlord must refund the deposit, with a written description and itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises. This is subject to the tenant’s forwarding-address requirements. A landlord who misses the deadline is presumed to have acted in bad faith.
What happens if a landlord keeps a security deposit in bad faith?
A landlord who in bad faith keeps 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 itemized list loses the right to keep any part of the deposit or to sue the tenant for damage to the premises.
Can a landlord retaliate against a tenant for asking for repairs?
No. For six months after a tenant gives a repair notice or exercises another legal right in good faith, a landlord may not retaliate by filing an eviction, increasing rent, or terminating the lease. Some actions, such as evicting a tenant who is delinquent in rent, are not retaliation. A tenant who proves retaliation may recover a civil penalty of one month’s rent plus $500, actual damages, court costs and attorney’s fees.
Does Chapter 92 require a notice period before a landlord enters a rental home?
No. Chapter 92 does not specify a required notice period for landlord entry in Texas. Entry rights are generally set by the lease, so the lease should state when and how the landlord may enter and what notice will be given. As a best practice, enter only at reasonable times, for legitimate purposes, and with advance notice.