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In Texas, a landlord is legally responsible for:
- keeping the home livable and repairing any condition that materially affects a resident’s health or safety
- addressing pest infestations that make the home unsafe or unsanitary (routine and resident-caused pests usually fall to the resident)
- providing and maintaining the security devices the Property Code requires: keyed deadbolts, keyless bolting devices, door viewers, and window latches
- installing working smoke alarms and verifying them at move-in
- returning the security deposit, with an itemized list of any deductions, within 30 days of move-out
- following the court eviction process instead of locking anyone out or cutting utilities
- renting without discrimination and honoring the written lease
Whether landlords are responsible for pest control in Texas is the question people search for most, and the honest answer is that it depends on the cause and on what the lease says. The full breakdown is below.
Texas hands landlords more contractual freedom than almost any state, so the lease often settles questions the statute leaves open, such as entry notice. Where the Property Code does set a duty, it usually attaches a penalty, so the rules that exist have teeth. Every rule here is checked against the current Texas Property Code, and to see how Texas compares with stricter states, start with our guide to landlord-tenant laws by state.
What Repairs Must a Texas Landlord Make?
A landlord must make a diligent effort to repair any condition that “materially affects the physical health or safety of an ordinary tenant,” and must keep hot water available at a minimum of 120 degrees (Section 92.052). In practice that covers sewage backups, no running water, a dead heater, unsafe wiring, roof and structural failures, and similar hazards. The duty applies to every residential lease, but two conditions gate it: the resident must have given notice, and the resident cannot be behind on rent when they do.
The duty has real limits. A landlord does not have to repair a problem the resident, their family, a guest, or an occupant caused, unless it came from normal wear and tear (Section 92.052(b)).
The procedure decides most repair disputes. A resident who wants to enforce the duty sends a written repair request, and a single notice sent by certified mail, return receipt requested, satisfies the statute on its own (Section 92.056). The landlord then gets a reasonable time to act, and the law presumes seven days is reasonable, longer or shorter depending on how serious the problem is and whether parts and labor are available. Miss that window and the resident can end the lease, repair the item and deduct the cost up to the greater of one month’s rent or $500 (Section 92.0561), or sue for a court order and damages. Handling repairs on time is the cheapest way to avoid all three.
Are Landlords Responsible for Pest Control in Texas?
It depends on the cause and the lease. No Texas statute names pest control as a landlord duty, so a pest problem is handled under the general repair law: a landlord must remedy an infestation when it materially affects the resident’s health or safety and the resident did not cause it (Section 92.052). Texas legal-aid guidance lists roaches and rats among the conditions a landlord is expected to fix (TexasLawHelp).
So a serious infestation of rodents, roaches, or bedbugs that reaches the health-or-safety line is generally the landlord’s problem, especially when it traces back to the building itself: gaps around pipes, plumbing leaks, or an infestation spreading across multiple units. The same is true for pests present before move-in.
The resident usually owns the other end. Routine, preventive pest control and any infestation the resident’s own conditions brought on tend to fall to the resident, and the lease frequently spells this out. The Texas State Law Library treats pests as a shared responsibility settled by the lease and the property’s condition, so read the lease first (Texas State Law Library, Mold and Pests). When the duty is the landlord’s, the resident still has to follow the repair steps above: written notice, current on rent, and a reasonable time to treat the problem. A clear pest-control clause in the lease prevents most of these arguments before they start.
What Security Devices and Smoke Alarms Must a Texas Landlord Provide?
Specific ones, at the landlord’s expense, without waiting for the resident to ask. Section 92.153 requires each exterior door to have a keyed deadbolt or doorknob lock, a keyless bolting device, and a door viewer, plus a latch on every exterior window and the right locks on sliding glass doors. These have to stay operable for the whole tenancy, and a landlord cannot charge the resident to install what the statute already requires.
Smoke alarms follow their own rules. A landlord must install at least one alarm in each bedroom, one in the corridor serving the bedrooms, and one on each level of the unit (Section 92.255). At the start of the tenancy the landlord has to confirm each alarm works. After the resident takes possession, the split shifts: the resident handles routine battery replacement, and the landlord inspects and repairs an alarm when the resident asks (Section 92.258). Test them at every turnover and log it, because a missing or dead alarm is the kind of thing a court remembers.
How Do Security Deposits Work for a Texas Landlord?
There is no cap on the amount, and one firm deadline on the way out. Texas does not limit the size of a residential security deposit, so the market sets it. What the law controls is the refund: a landlord must return the deposit, with a written itemized list of any deductions, within 30 days of the resident surrendering the unit (Section 92.104). Deductions can cover unpaid rent and damage beyond normal use, but never ordinary wear and tear.
Missing the deadline is expensive. A landlord who fails to return the deposit or send the itemized list by the 30th day is presumed to have acted in bad faith and can owe the resident $100, three times the amount wrongfully withheld, and attorney’s fees (Section 92.109). One detail protects the landlord as much as the resident: the refund clock does not start until the resident provides a forwarding address in writing (Section 92.107). Document the unit with dated photos at move-in and move-out, and the line between damage and aging stops being a guess. Our guide to normal wear and tear in a rental draws that line item by item.
Can a Texas Landlord Charge Late Fees?
Only if the fee is in the written lease, and only after rent is two full days late. Texas caps late fees through a safe harbor: a fee is presumed reasonable at up to 12 percent of monthly rent for a dwelling in a structure with four or fewer units, and 10 percent for larger properties (Section 92.019). Charge a fee that is not in the lease, or one that runs past the safe harbor without justification, and the landlord can owe $100 plus three times the improper fee, plus attorney’s fees. Write the late-fee terms into the lease and hold to them.
Disclosure duties belong here too. For any home built before 1978, federal law requires a lead-based paint disclosure before the lease is signed.
What Are a Texas Landlord’s Rules on Rent Increases and Entry?
On rent, the amount is open but the timing is not. Texas has no rent control, and state law bars cities from creating it except during a declared disaster with the governor’s approval (Local Government Code Section 214.902). A landlord cannot raise rent during a fixed-term lease unless the lease allows it. On a month-to-month tenancy, one month is the practical floor for notice, the same period either side needs to give to end the arrangement (Section 91.001). For the numbers behind typical increases, see what is the maximum rent increase allowed in Texas.
Entry surprises many owners: Texas has no statute requiring advance notice before a landlord enters. The lease controls, which cuts both ways. Put an entry clause in the lease, because without one the right to enter shrinks to requested repairs, emergencies, and legal notices, and repeated unannounced visits can become a breach of the resident’s right to quiet enjoyment. Twenty-four hours’ written notice is the customary standard and a clause worth including.
What Eviction and Fair Housing Rules Must a Texas Landlord Follow?
Every eviction runs through the justice court. A landlord starts with a written notice to vacate, at least three days before filing suit unless the lease sets a different period (Section 24.005), then files the case and, if the landlord wins, obtains a writ of possession. Self-help has no place in it: locking a resident out or cutting off utilities to force a move-out carries a penalty of one month’s rent plus $1,000. Senate Bill 38, which applies to suits filed on or after January 1, 2026, added a first-time-delinquency requirement: a resident behind on rent for the first time in the lease term must now get a notice to pay rent or vacate, a genuine chance to cure. Our guide to what a landlord cannot do in Texas walks through lockouts, utility shutoffs, and the full eviction sequence.
Fair housing law applies to every decision. A landlord cannot refuse to rent, quote different terms, or advertise a preference based on race, color, religion, sex, national origin, familial status, or disability, under the federal Fair Housing Act and the Texas Fair Housing Act. Both require reasonable accommodations and modifications for residents with disabilities, and several Texas cities add protections for sexual orientation and gender identity by ordinance, so check local rules too.
How Do Texas Landlords Meet These Responsibilities?
Write a thorough lease, then follow it. Texas gives you more room than most states to set the terms, and nearly every duty above is won or lost on what the lease says and what got documented. The essentials:
- Spell out pest control, entry, late fees, and deposit terms in the lease. Where the Property Code is silent, the lease is the rulebook a judge reads.
- Repair health-and-safety conditions on the clock. The seven-day presumption and the repair-and-deduct remedy both start the moment a written request arrives.
- Return deposits within 30 days, itemized. The bad-faith presumption and triple-damages exposure make this deadline the one you never miss.
- Verify smoke alarms and security devices at every turnover, and keep a dated record.
- Screen every applicant against the same written criteria, the practical defense to a fair housing complaint.
Running the numbers on hiring help instead? Here is how much property managers charge in Texas, and our breakdown of whether rental income is taxable in Texas covers the other side of the ledger. Prefer to self-manage? Start with how to manage a rental property, or see how property management in Houston handles these duties day to day.
FAQ
Are landlords responsible for pest control in Texas?
Sometimes. No Texas statute makes pest control a flat landlord duty. Under Section 92.052, a landlord must treat an infestation that materially affects the resident’s health or safety and was not caused by the resident, such as a building-wide rodent or roach problem or pests present at move-in. Routine, preventive treatment and resident-caused infestations usually fall to the resident, and the lease often assigns them, so read it first.
What repairs is a Texas landlord required to make?
Any condition that materially affects an ordinary tenant’s physical health or safety: sewage backups, no running water, a broken heater, unsafe wiring, structural problems, and hot water below 120 degrees. The resident must give written notice and be current on rent, and the landlord then has a reasonable time to act, presumed to be seven days.
How long does a Texas landlord have to return a security deposit?
30 days from the day the resident surrenders the unit, along with a written itemized list of any deductions, once the resident gives a forwarding address in writing. A landlord who misses the deadline is presumed to have acted in bad faith and can owe $100, three times the amount wrongfully withheld, and attorney’s fees.
Does a Texas landlord have to give notice before entering?
Not under any state statute. Texas has no law setting an entry notice period, so the lease controls. If the lease is silent, entry is limited to purposes like requested repairs and emergencies, and 24 hours’ written notice is the customary standard worth writing into the lease.
Can a Texas landlord charge a late fee?
Only if the lease says so, and only after rent is two full days late. The fee is presumed reasonable at up to 12 percent of monthly rent for a structure with four or fewer units and 10 percent for larger properties. A fee outside those rules can cost the landlord $100 plus three times the improper amount, plus attorney’s fees.
This article is general information, not legal advice. Laws change, and every situation is different. For guidance on a specific situation, talk to a Texas-licensed attorney.
