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Texas Law & Taxes

What Texas landlord rules should a property manager help me follow?

Short answer

A Texas property manager should build these rules into routine: rekeying, security devices and tested smoke alarms before each tenancy, fair housing and written selection criteria during screening, a lease with the required Texas disclosures, repairs within a reasonable time after written notice, late fees only as the lease and statute allow, no lockouts, a proper notice to vacate before eviction, and the deposit refunded or itemized within 30 days.

This guide answers
  • What Texas landlord rules should a property manager help me follow?
  • Does Texas require a landlord to give notice before entering a rental?
  • How much can a Texas landlord charge for a late fee?
  • What is the difference between a notice to vacate and an eviction?
What Texas landlord rules should a property manager help me follow?

The Texas rules that cost owners money are a short list: security devices and smoke alarms before each tenancy, fair housing and consistent screening, a lease with the disclosures the Property Code requires, repairs made within a reasonable time after written notice, late fees only as the lease and statute allow, no self-help against a tenant, a proper notice to vacate before an eviction, and the deposit refunded or itemized within 30 days of move-out. A manager should have every one of those built into a process so that compliance is routine rather than memory.

What follows is that list in the order a tenancy actually runs, with what a competent manager does at each stage. This is general information, not legal advice; the lease and a Texas attorney are the final word on any specific situation.

Before the house is listed

Texas requires a landlord to rekey the exterior locks after each tenant leaves, at the landlord's expense, and to have a keyed deadbolt, a keyless bolting device and a door viewer on each exterior door, latches on exterior windows and pin locks plus a bar or latch on sliding doors. Smoke alarms must be in place and tested at the start of each tenancy. A manager's make-ready checklist should carry every one of those items, with the rekey invoice and the alarm test kept in the file.

Advertising is a fair housing matter before anyone applies. A listing that says "perfect for a young couple" or "no children" is a complaint waiting to be filed. The manager writes listings about the house, not the ideal tenant, and the fair housing guide for Texas landlords explains why that protects you as much as the applicant.

Older homes carry a federal lead-based paint disclosure requirement, and Texas also requires a flood disclosure in residential leases. Both belong in the lease packet before it goes out, not as an afterthought.

During screening

Texas requires a landlord to make its tenant selection criteria available in writing to applicants, and the application should say so. The criteria then have to be applied the same way to every applicant: the same income multiple, the same credit and rental-history standards, the same treatment of prior evictions. Consistency is the defense to a discrimination claim, and a manager should be able to show it from the file.

When an applicant is declined based on a credit or background report, federal law requires an adverse action notice naming the reporting agency. Requests involving assistance animals are a fair housing matter, not a pet policy matter, and need their own process. Our tenant screening runs on written criteria applied to every file for exactly these reasons.

In the lease itself

A Texas lease has to carry certain things to be enforceable the way an owner expects. Late fees are only collectible if the lease states them, and the statute limits when a fee may be charged and how large it can be. The lease should disclose the owner or the management company and an address for repair notices, because the tenant's written notice of a repair condition is what starts the landlord's clock. Texas also requires the lease to tell tenants about their statutory rights to end a lease early in situations such as military orders or family violence.

Beyond what is required, the lease is where entry rights are set, since Texas has no statute telling a landlord how much notice to give before entering. It is also where pet terms, HOA rules, renters insurance, utilities and the move-out notice period are fixed. A lease essentials checklist is a separate guide; the point here is that the manager's lease should already contain all of it.

During the tenancy

Once the tenant gives written notice of a condition that affects health or safety, the landlord has to make a diligent effort to repair it within a reasonable time, and Texas law presumes seven days is reasonable in most cases. Miss that and the tenant may have remedies including repair-and-deduct and lease termination. A manager's job is to log the notice the day it arrives, dispatch a vendor, and keep the record of each step. The Texas landlord-tenant law basics guide explains the repair process and the tenant's remedies in full.

Late fees cannot be charged until rent is at least two full days past due. Utilities cannot be cut off and locks cannot be changed to force payment except in the narrow ways the statute allows, and a manager who does either has created a bigger problem than the unpaid rent. Entry for inspections follows the lease. Rent increases and non-renewals follow the lease's notice terms. And a landlord who takes action against a tenant shortly after a good-faith repair request invites a retaliation claim, so timing is documented.

At move-out and when things go wrong

The security deposit must be refunded, or an itemized list of deductions sent, within 30 days after the tenant surrenders the property, and the tenant has to give a forwarding address first. Missing the deadline in bad faith exposes the owner to penalties well beyond the deposit, which is why the Texas security deposit rules deserve a read by every owner, not only the manager.

Non-payment follows a sequence: a written notice to vacate with the period the lease and statute require, then a suit in the justice court for the precinct where the house sits, then a judgment and, if needed, a writ of possession. No step can be skipped and no self-help substitutes for any of them. A manager should run the notice and the filing on a calendar, appear at the hearing, and keep you out of the courtroom unless the court needs you. Belongings left behind are handled as the lease says, not as the owner feels on the day.

What a manager cannot do for you

The manager carries the process; the owner carries the liability. If a required device is missing or a deposit goes back late, the claim names the owner first. So the owner's part is to disclose what you know about the house, keep landlord insurance in force, fund repairs when they are approved, and stay out of direct dealings with the tenant that contradict the manager's process. An owner who texts the tenant a side agreement about rent has just created a term the manager did not know about.

A manager is also not an attorney. Where a situation turns into a dispute with real money at stake, a Texas landlord attorney should be involved, and a good manager will say so rather than improvise.

How Perpetual handles this

I am a Texas broker, and Perpetual is broker-owned and local to Keller, North Richland Hills and Fort Worth, so the rules above are not a reference sheet for us, they are the checklist every house runs through. Rekey and device checks are part of make-ready, screening runs on written criteria applied to every applicant, our lease is Texas-compliant with the required disclosures and the entry and late-fee terms set correctly, repair notices are logged and dispatched the day they arrive, and deposits go out on the 30-day clock with photos and an itemization.

When rent stops, the notice to vacate and the justice court filing follow a calendar, and our eviction handling keeps you out of the process unless the court needs you. Every fee is listed in the written quote you receive before signing, and your monthly statements and owner portal show the repair and deposit records that prove each step was done.

The takeaway: Hire a manager whose routine already contains Texas law, then do your part: disclose, insure, fund repairs and stay out of side deals.

Questions owners ask

Does Texas require a landlord to give notice before entering a rental?

No statute sets a notice period for entry in Texas, so the lease controls. A well-drafted lease states when the landlord or manager may enter, how much notice is given for non-emergencies, and that no notice is needed in an emergency. Entering without following the lease is a breach and, repeated, can support a tenant's claim. A manager should schedule every inspection and vendor visit under the lease's terms and document the notice.

How much can a Texas landlord charge for a late fee?

The fee must be stated in the written lease, cannot be charged until rent is at least two full days late, and must be reasonable. Texas law sets safe-harbor percentages below which a fee is presumed reasonable, with the percentage depending on how many units the property has. A fee above the safe harbor has to be justified by the landlord's actual costs. Confirm the current figures with the lease and an attorney rather than a web page.

Can my property manager be held responsible for a fair housing violation?

A manager can be named alongside the owner, and both can be liable for the manager's conduct. That is why the manager's screening process matters to you directly. Ask to see the written tenant selection criteria, ask how assistance animal requests are handled, and ask who writes the listings. A manager who cannot answer those three questions is exposing you.

What is the difference between a notice to vacate and an eviction?

The notice to vacate is the written demand the landlord must deliver before filing anything, giving the tenant the period the lease and statute require to leave. The eviction is the lawsuit filed in justice court after that period runs. The notice has to be delivered properly and the period has to run in full, or the case is dismissed and the clock starts over. A manager should treat the notice as a legal document, not a letter.

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