Understanding Texas Property Code: What Every Landlord Must Know in 2026
Greetings from your Property Management Team!
Texas is a landlord-friendly state, but that doesn’t make it a rules-free one. The Texas Property Code sets out requirements for rental homes, and a missed deadline can cost far more than the mistake itself. Please note I’m not an attorney, so treat this as a plain-English overview and check specifics with your property manager or a lawyer.
Here are the requirements that trip-up owners most.
1. Security Deposits
A landlord generally has 30 days after the resident surrenders the home to refund the deposit or send an itemized list of deductions. Miss that deadline and the landlord is presumed to have acted in bad faith, and a landlord who keeps a deposit in bad faith can owe $100, three times the amount wrongly withheld, and the tenant’s attorney fees. You also can’t charge for normal wear and tear. That’s why we photograph the home before and after.
2. Late Fees
Late fees can’t be imposed until rent is unpaid two full days after the due date. The fee must be in the written lease and must be reasonable.
3. Security Devices and Safety Alarms
Texas requires specific security and life-safety devices. Exterior locks must be rekeyed no later than the seventh day after turnover. Exterior doors need a keyless bolting device and a peephole where applicable, windows need latches, and sliding glass doors need pin locks. Smoke alarms are required in bedrooms and hallways, and carbon monoxide alarms may be required where the home has fuel-burning appliances or an attached garage. Newer construction isn’t automatically compliant, so we verify every device at each turnover.
4. Repairs
When a resident gives written notice, the landlord must make a diligent effort to repair conditions that materially affect health or safety. Ignored repair requests turn into legal problems fast, which is why our 24/7 maintenance team reviews every request.
5. No Self-Help
A landlord can’t change the locks, shut off utilities, or remove a resident’s belongings to force a move-out. Every eviction must go through the courts.
6. Fair Housing
Under the Fair Housing Act, a legitimate emotional support animal is not a pet. Your “no pets” policy doesn’t apply, and we can’t charge pet fees or deposits for one. The resident remains responsible for the animal’s conduct.
7. What’s New in 2026: Eviction Changes
Senate Bill 38 took effect January 1, 2026, to streamline Texas evictions. Trials are still held within a short window after filing, but landlords may now ask the court to rule without a trial when there’s no genuine factual dispute, and notices can be delivered electronically. For a resident who was late or delinquent in paying rent before the month the notice is given, the landlord may use either a notice to pay rent or vacate or a notice to vacate. The three-day minimum notice period is unchanged.
Faster doesn’t mean forgiving. The new laws won’t rescue a case with a defective notice, weak proof of delivery, or an inconsistent ledger.
Why This Matters
Texas lawmakers change these rules regularly, and one wrong notice or one late deposit refund can wipe out a year of profit. Part of our job is knowing what’s current so you don’t have to.
Questions about your own rental? Reach out to your property manager or visit ellishomesource.com. I love hearing from you!
Rick Ellis, CAM, CPM
President/Broker
ELLIS HomeSource Property Management, AMO
