Texas Landlord-Tenant Law 2026: Prop. Code §92 Security Deposits, 3-Day Notice, Treble Damages, and the Oldest US Rent Control Preemption (LGC §214.902) — Complete Landlord Guide

Rent Control: LGC §214.902 — The Oldest Continuous Statewide Preemption in the US (1985)

The Statute and Its Scope

Texas enacted the original version of what is now Tex. Local Gov’t Code §214.902 in 1985, making Texas the first state in the United States to adopt an explicit statewide rent control preemption statute that remains continuously operative today. The statute reads, in relevant part:

“A municipality may not enact, enforce, or maintain a rent control ordinance or other ordinance that would regulate the price of rent charged for private residential or commercial rental property within the municipality.”

The 1985 original was already the strongest statewide preemption of its era. Texas expanded the law significantly in 2023 through HB 2534, which added explicit coverage of:

• Counties
• Homeowners’ associations (HOAs)
• Community reinvestment areas
• Tax increment financing (TIF) zones
• Municipal utility districts (MUDs)
• Any other political subdivision of the state

The 2023 expansion closed the argument that HOA deed restrictions, community reinvestment area rules, or TIF-linked covenants could function as de facto rent controls. No Texas political entity of any type may now control residential rents.

Historical Context: Texas vs. Other Preemption States

The chronology of US statewide rent control preemption statutes illustrates Texas’s leadership position:

Tennessee’s TCA §66-35-102 was enacted in 1977, but it covered only municipalities and was narrower in scope. Texas’s 1985 LGC §214.902 was enacted as an explicit, broad prohibition and has been continuously in force and expanded since. For practical purposes, Texas holds the longest-running comprehensive statewide rent control prohibition in the United States.

Austin’s Attempts at Local Tenant Protections

Austin City Council, responding to post-pandemic rent spikes of 25–40% in 2021–2022, explored several mechanisms to address affordability. Every mechanism that directly or indirectly controlled rent prices ran into LGC §214.902. The city has pursued affordability through inclusionary zoning incentives, density bonuses, and tenant relocation ordinances, but has never enacted — and cannot enact — direct rent caps or stabilization programs.

Austin landlords may raise rent by any amount, at any frequency, subject only to:

• The lease term (rent during a fixed-term lease cannot be changed mid-lease unless the lease expressly permits it)
• The applicable notice period (Tex. Prop. Code §91.001: at least one full rental period’s advance written notice for month-to-month tenancies)
• SCRA protections for active-duty servicemember tenants
• HUD/LIHTC restrictions for subsidized units

There is no rent board, no CPI formula, no allowable increase percentage, no just-cause requirement for non-renewal, and no rent registration database anywhere in Texas.

Security Deposits: No Cap, 30-Day Return, Treble Damages (Tex. Prop. Code §§92.102–92.110)

No Maximum Deposit Amount (§92.102)

Texas Property Code §92.102 governs residential security deposits but imposes no statutory maximum on the amount a landlord may require. Unlike California (Civil Code §1950.5(c): 1 month’s rent for unfurnished units), Arizona (ARLTA §33-1321: 1.5 months), and North Carolina (G.S. §42-50: 2 months for fixed-term), Texas landlords may set any deposit amount the market will bear.

In practice, Texas landlords typically charge 1–2 months’ rent as a security deposit. High-demand Austin submarkets near UT Austin (West Campus) occasionally see 2 months’ rent security deposits during peak leasing season. Military corridor properties near Fort Sam Houston sometimes collect both a security deposit and a separate pet deposit, each uncapped.

The 30-Day Return Deadline (§92.103)

Tex. Prop. Code §92.103 requires the landlord to return the security deposit (or a written itemized statement of deductions with any remaining balance) within 30 days of the date the tenant surrenders the premises and provides the landlord with a written forwarding address. The 30-day clock does not start until both conditions are met:

1. The tenant vacates and surrenders the unit, AND
2. The tenant provides the landlord with the tenant’s written forwarding address

This dual-condition trigger is similar to Indiana’s 45-day dual-trigger (IC §32-31-3-12) and Michigan’s 30-day rule (MCL §554.611), but the Texas version is stricter: 30 days is the deadline, not 45. If the tenant fails to provide a written forwarding address, the 30-day clock does not start. However, landlords who attempt to abuse this technicality by claiming they never received an address — when the tenant clearly communicated one by email or text — face the bad-faith provision of §92.110.

Treble Damages for Wrongful Withholding (§92.109)

Texas §92.109 establishes one of the most potent deposit withholding penalties in the US. A landlord who wrongfully withholds a security deposit is liable to the tenant for:

1. The amount of the deposit wrongfully withheld
2. Three times that amount as a statutory penalty
3. $100 as an additional statutory penalty
4. The tenant’s reasonable attorney fees and court costs

Example: Landlord holds a $2,400 deposit (1 month’s rent at $2,400/month Austin apartment). Tenant vacates, provides forwarding address, 30 days pass, and landlord returns nothing. If a court finds the full $2,400 was wrongfully withheld: tenant recovers $2,400 + $7,200 (3×) + $100 + attorney fees = at least $9,700 before legal fees. In a contested case with attorney fees of $5,000–$10,000, the total recovery can exceed $15,000–$20,000 on a $2,400 deposit dispute.

Compare Georgia’s treble damages rule (O.C.G.A. §44-7-35: 3× wrongfully withheld + attorney fees) and Arizona’s 2× rule (A.R.S. §33-1321: 2× deposit amount + attorney fees). Texas combines treble damages of the amount wrongfully withheld (not 3× the full deposit) with the fixed $100 statutory penalty and attorney fees.

Bad Faith Provision (§92.110)

Texas §92.110 adds a punitive overlay that has no parallel in most states: if the landlord withholds in bad faith or fails to provide the required itemized deduction statement in bad faith, the landlord loses the right to assert any offsetting deductions as a defense to the tenant’s damage claim. This means a landlord who ignores the return deadline entirely — not even providing the itemized statement — cannot later argue at trial that $800 of the deposit was legitimately withheld for carpet replacement. The bad faith forfeiture of defenses is unique among major US states and makes ignoring the deposit return deadline extremely risky.

Required Itemized Statement

When returning less than the full deposit, the landlord must simultaneously provide a written itemized statement listing each deduction, the reason for it, and the dollar amount. This statement must be delivered within 30 days of move-out + forwarding address receipt. Receipts or invoices for repairs should be attached where available. Texas courts look for documentation; vague line items like “cleaning: $500” without backup are vulnerable to challenge under the bad faith forfeiture rule.

Eviction: 3-Day Notice to Vacate and Justice Court Timeline (Tex. Prop. Code §24.005)

The 3-Day Notice to Vacate

Texas requires only a 3-day written notice to vacate before filing a forcible detainer lawsuit for nonpayment of rent (Tex. Prop. Code §24.005(a)). The landlord serves written notice at the premises — in person, by certified mail, or by first-class mail (with first-class mail adding 3 additional days by rule). The notice must state:

• The amount of rent due
• That the tenant must pay or vacate within 3 days
• The landlord’s name and address for payment

Unlike Indiana’s 10-day notice (IC §32-31-1-6) or Washington’s 14-day notice (RCW §59.12.030), Texas’s 3-day period gives tenants very limited time to cure. If the tenant pays all past-due amounts within the 3-day window, the eviction proceeding is typically mooted. If the tenant does not pay or vacate, the landlord may file the following business day.

Filing the Forcible Detainer Action (Tex. Prop. Code §24.004)

After the 3-day notice period expires without payment or voluntary vacation, the landlord files a forcible detainer action in the Justice of the Peace Court (Justice Court) for the precinct where the property is located (Tex. Prop. Code §24.004). Texas has Justice of the Peace courts in every county precinct, providing relatively convenient access. Filing fee is typically $46–$121 depending on the county. The constable or sheriff serves the defendant.

Hearing Date and Judgment

Under Tex. Prop. Code §24.011, the Justice of the Peace must set a hearing date not earlier than 10 days and not later than 21 days after the filing date. In major metro counties (Harris, Dallas, Tarrant, Bexar, Travis), hearing dates are typically set 10–14 days after filing. The judge hears evidence from both sides at the hearing, which in uncontested cases lasts 5–15 minutes. Judgment for possession and back rent is entered the same day.

The 5-Day Appeal Window (§24.007)

After judgment, the tenant has 5 days to file a de novo appeal to the County Court at Law. This is a critical distinction: the Texas 5-day appeal window is one of the shortest post-judgment appeal periods in the US. If the tenant does not appeal within 5 days, the Justice Court issues a Writ of Possession, which the constable enforces by physically removing the tenant and their belongings. The constable typically executes the Writ within 24–72 hours of issuance.

Complete Uncontested Eviction Timeline

Total uncontested eviction: approximately 21–28 days from service of the 3-day notice to constable enforcement. This is significantly faster than California (minimum 30–90 days from 3-day notice; often 3–12 months in Los Angeles and San Francisco), New York City (3–18 months in Housing Court), Indiana (35–50 days), and North Carolina (35–45 days). Texas is broadly comparable to Arizona (21–35 days) and slower than Georgia (14–21 days, which requires no pre-filing notice).

Month-to-Month Termination Notice

To terminate a month-to-month tenancy (for non-payment or any other reason), either party must give at least one full rental period’s advance written notice (Tex. Prop. Code §91.001). For a unit with monthly rent due on the 1st, a notice served on March 15 terminates the tenancy effective April 30, not March 31 — because one full rental period (the March-April period) must elapse from the date of notice. This “full period” interpretation means Texas landlords must serve month-to-month termination notices early in the month to avoid inadvertently extending the tenancy by a full extra month. Fixed-term leases expire by their own terms; no advance notice is required unless the lease specifies one.

Self-Help Eviction: Prohibited and Expensive (§92.0081)

Texas Property Code §92.0081 prohibits self-help eviction methods including changing locks, removing the tenant’s property, or shutting off utilities without a court order. A landlord who unlawfully excludes a tenant is liable for:

• The tenant’s actual damages
• $1,000 as a statutory penalty
• One month’s rent
• Reasonable attorney fees and court costs

On a $2,200/month Austin apartment, an unlawful lockout exposes the landlord to $1,000 + $2,200 = $3,200 in statutory penalties plus damages and attorney fees — before any additional equitable remedies the court may impose. Texas §92.0081 also specifically addresses locks: if a landlord lawfully changes the locks for security reasons (e.g., tenant has abandoned), the landlord must provide a new key within 2 hours of the tenant’s request at any time of day or night.

Habitability, Repair-and-Deduct, and Smoke Detectors (Tex. Prop. Code §§92.052–92.262)

Landlord’s Duty to Repair (§92.052–92.061)

Texas Property Code §92.052 creates an implied warranty of habitability for residential leases, codifying the common law principle established in Kamarath v. Bennett, 568 S.W.2d 658 (Tex. 1978). Under §92.052 and §92.053, landlords must:

1. Comply with applicable building codes that materially affect health or safety
2. Make all repairs necessary to keep the unit habitable
3. Maintain in good condition all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning equipment supplied by the landlord

Texas specifically treats air conditioning as an essential habitability requirement in the summer heat context, consistent with public health standards in a state where summer temperatures regularly exceed 100°F across most metros. A failed A/C unit in July is treated as an urgent health-and-safety repair — not a mere convenience item.

The landlord’s duty to repair is triggered by written notice from the tenant identifying the condition needing repair. After receiving written notice, the landlord must make the repair within a reasonable time (Tex. Prop. Code §92.056(b)), which courts have interpreted as typically 7 days for urgent health-and-safety items.

Repair-and-Deduct: Up to $500 or One Month’s Rent (§92.0561)

Texas gives tenants a statutory repair-and-deduct remedy that is relatively detailed compared to most states. Under Tex. Prop. Code §92.0561, if the landlord fails to repair a condition affecting the health or safety of an ordinary tenant within the statutory period, the tenant may:

1. Hire a licensed repair contractor to make the repair
2. Deduct the cost of the repair from the next month’s rent, up to $500 or one month’s rent, whichever is greater

Prerequisites for valid repair-and-deduct:

• The tenant must not be in default in paying rent
• The condition must materially affect health or safety of an ordinary tenant
• The tenant must give the landlord two written notice requests (the second must state intention to repair and deduct)
• The landlord must fail to repair within the applicable period after the second notice (typically 7 days for urgent items)
• The tenant must hire a licensed contractor (not DIY) for most repairs
• The remedy may be used no more than twice in any 12-month period (§92.0561(b))

The “greater of $500 or one month’s rent” cap means repair-and-deduct is significantly more valuable for high-rent units. A tenant paying $2,400/month may deduct up to $2,400 for a qualifying repair. A tenant paying $1,100/month may deduct up to $1,100 (more than $500). Only tenants paying below $500/month are capped at $500. Compare Indiana: no repair-and-deduct statute; California: 1 month’s rent cap; Arizona: ½ month; Washington: $1,500 or 2 months.

Lease Termination for Unrepaired Conditions (§92.0563)

If the landlord fails to repair a condition that affects the health or safety of an ordinary tenant after proper notice, the tenant may also choose to terminate the lease by providing written notice and vacating the unit without further penalty (Tex. Prop. Code §92.0563). The tenant must follow the same prerequisite notice procedure as for repair-and-deduct. This remedy — penalty-free lease termination for habitability failure — is not available in every state and gives Texas tenants meaningful leverage in habitability disputes.

Smoke Detectors: Mandatory Landlord Obligations (§§92.252–92.262)

Texas Property Code §92.252 requires landlords to provide a working smoke detector in each single-family dwelling or apartment. Specific requirements include:

• At least one smoke detector on each floor of the dwelling unit
• At least one smoke detector outside each sleeping area
• The landlord must test each detector and provide working batteries before the tenant occupies the unit
• After occupancy, the tenant is responsible for replacing batteries; landlord must replace the device if it malfunctions due to equipment failure

A lease provision purporting to waive the landlord’s obligation to install or maintain smoke detectors is void as against public policy (Tex. Prop. Code §92.259). However, a tenant may request the landlord to remove or disconnect a smoke detector as an accommodation for deaf or hard-of-hearing tenants who use alternative alert systems. Landlords who willfully fail to install or reconnect smoke detectors face civil liability for any resulting damages plus exemplary damages (Tex. Prop. Code §92.261).

Landlord Entry, Lockout Prohibition, and Retaliation (§92.0081, §92.331)

No Statutory Entry Notice Period

Texas Property Code Chapter 92 does not specify a minimum advance notice period before a landlord may enter a rental unit for non-emergency purposes. This stands in contrast to Arizona (ARLTA §33-1343: 2 days written notice), California (Civil Code §1954: 24 hours notice), Washington (RCW §59.18.150: 2 days notice), and Indiana (IC §32-31-5-6: 24 hours notice).

The absence of a statutory notice period does not mean landlords may enter freely. The landlord’s obligation to not disturb the tenant’s quiet enjoyment of the premises, recognized in Texas common law, effectively requires reasonable advance notice for non-emergency entry. In practice:

• A landlord who enters without notice and disrupts a tenant’s activities may face a quiet-enjoyment claim
• Lease provisions specifying a notice period are enforceable and constitute best practice
• Entry for showings should be preceded by 24–48 hours’ notice as a matter of professional practice
• Emergency entry (fire, flooding, gas leak, burst pipe) requires no advance notice under any Texas statute

Lockout Prohibition and Key-Access Rule (§92.0081)

Tex. Prop. Code §92.0081 creates Texas’s unique lockout restriction. A landlord may not change or rekey the locks to exclude a tenant from the premises without a court order. However, §92.0081 also addresses the situation where the landlord lawfully changes the locks for security reasons (e.g., the prior tenant abandoned, or the landlord changed locks between tenants):

If the landlord has changed the locks, the landlord must provide the current tenant with a new key within 2 hours of the tenant’s request, 24 hours a day, 7 days a week. The landlord must provide the key even if the tenant has not paid rent. Failure to provide the key within 2 hours is a violation of §92.0081.

Remedies for unlawful lockout (Tex. Prop. Code §92.0081(c)):

• Actual damages suffered by the tenant
• $1,000 statutory penalty
• One month’s rent
• Reasonable attorney fees and court costs

Retaliation Protection (§§92.331–92.335)

Tex. Prop. Code §92.331 creates one of the more protective tenant retaliation shields in the South. A landlord may not retaliate against a tenant for:

• Filing a good-faith complaint with a governmental agency for a building code or housing code violation
• Complaining to the landlord in good faith about a habitability condition
• Joining or organizing a tenant association
• Testifying or participating in a judicial proceeding regarding the tenancy

Prohibited retaliatory acts under §92.331 include: evicting, filing an eviction suit, raising rent, decreasing services, ending the tenancy, or engaging in harassment designed to cause the tenant to vacate.

If a court finds retaliation, the tenant may recover (Tex. Prop. Code §92.333):

• One month’s rent
• $500 statutory penalty
• Actual damages
• Court costs and attorney fees

Texas §92.334 creates a rebuttable presumption of retaliation if the landlord takes adverse action within 6 months of a good-faith complaint. This shifts the burden to the landlord to prove the adverse action was not retaliatory. Compare Georgia (§44-7-24, enacted 2009): no rebuttable presumption period; North Carolina (G.S. §42-37.1): 12-month rebuttable presumption (longest in the Southeast).

SCRA: Joint Base San Antonio, Fort Cavazos, Fort Bliss, Dyess AFB, Sheppard AFB, NAS Corpus Christi

SCRA Basics for Texas Landlords

The Servicemembers Civil Relief Act (SCRA, 50 U.S.C. §§3901–4043) applies to all active-duty members of the Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, as well as National Guard members called to federal active duty. Texas’s massive military footprint makes SCRA compliance a daily operational reality for thousands of Texas landlords.

Key SCRA rights for Texas tenants:

• Lease termination: Servicemember may terminate a lease with 30 days’ written notice after receiving PCS orders or orders to deploy for 90+ days (50 U.S.C. §3955). No early termination fee permitted.
• Security deposit return: Within 30 days of SCRA termination (overrides Texas’s standard 30-day clock from move-out date)
• Rent during SCRA termination: Rent is due through the end of the month of the termination notice, not through a new lease period
• Interest cap: 6% per annum on obligations incurred before active duty (50 U.S.C. §3937)
• Eviction protection: SCRA §3951 limits eviction of servicemembers whose rent is $3,790.71/month or less (2026 adjusted figure) during active duty without a court order

Joint Base San Antonio (JBSA) — The Largest US Military Complex by Personnel

JBSA is not a single installation but a unified management structure covering four physically separate installations in the San Antonio metropolitan area:

1. JBSA-Lackland (southwest San Antonio): All United States Air Force basic military training occurs here — every enlisted Airman entering the USAF passes through Lackland. Also hosts the JBSA medical complex and Defense Language Institute English Language Center. ~12,000 active-duty personnel permanently assigned; 35,000–40,000+ trainees and transient personnel at peak.
2. JBSA-Randolph (northeast San Antonio, Universal City): Air Education and Training Command HQ; Air Force Personnel Center; initial pilot training. ~3,000 active-duty personnel.
3. JBSA-Fort Sam Houston (near downtown San Antonio): Army Medical Center of Excellence (MEDCoE); home of the 59th Medical Wing; Brooke Army Medical Center (BAMC) — one of the largest military medical centers in the US with Level I Trauma designation; ~3,500 permanently assigned medical personnel plus trainees.
4. JBSA-Camp Bullis (north of San Antonio): Training range; no permanently assigned military housing.

Combined, JBSA generates approximately 80,000–90,000 military personnel, civilian employees, and family members in the San Antonio metro. San Antonio receives more Basic Allowance for Housing (BAH) inflows per capita than any major US city except Washington, DC. BAH rates for JBSA (2026 E-5 with dependents): approximately $1,800–$2,200/month depending on installation. O-3 (Captain/Lieutenant) with dependents: approximately $2,400–$2,800/month. Senior officers (O-6 and above) and senior NCOs drive premium demand in Stone Oak, Dominion, and Alamo Heights.

Landlords near JBSA should maintain a turnover-ready system given the frequency of PCS rotations: JBSA processes thousands of PCS moves per year, with peak movement in May–August (military summer PCS cycle). SCRA terminations are routine; the San Antonio military corridor on Military Drive, Culebra Road, and Loop 1604 near Lackland is defined by high military occupancy rates.

Fort Cavazos (Formerly Fort Hood) — Largest US Armored Installation

Fort Cavazos (renamed from Fort Hood in November 2023 under the Naming Commission legislation) is located in the Killeen-Copperas Cove metro area (Bell County and Coryell County), approximately 60 miles north of Austin on I-35. Fort Cavazos hosts:

• III Corps — headquartered here; one of the Army’s primary warfighting corps
• 1st Cavalry Division — “First Team”; the Army’s premier heavy armored division; approximately 17,000–20,000 soldiers
• 3rd Armored Cavalry Regiment — additional armored reconnaissance capability
• 13th Sustainment Command (Expeditionary)
• Total active-duty: approximately 45,000 soldiers = largest US armored installation

The Killeen-Temple-Fort Cavazos metropolitan area is almost entirely military-economy driven. BAH rates for Fort Cavazos (2026 E-5 with dependents): approximately $1,350–$1,600/month. O-3 with dependents: approximately $1,700–$2,000/month. The rental market in Killeen (see Killeen TX rent calculator) tracks BAH rates closely; units priced above the E-5 BAH ceiling often sit vacant, while units at or below E-5 rates have near-zero vacancy.

Fort Cavazos generates the highest SCRA lease termination rate of any Texas installation due to III Corps’s frequent deployment rotations. A Killeen landlord may process 3–5 SCRA terminations per year on a 10-unit portfolio.

Fort Bliss — 1st Armored Division, El Paso

Fort Bliss is located in El Paso County and extends into New Mexico, encompassing approximately 1.1 million acres — making it one of the largest US military installations by land area (second in the continental US only to White Sands Missile Range). Fort Bliss hosts:

• 1st Armored Division — “Old Ironsides”; approximately 17,000–18,000 soldiers
• 32nd Army Air and Missile Defense Command (AAMDC) — Patriot missile defense; manages HIMARS and related systems
• German Air Force Flying Training Center — Germany’s primary US-based pilot training; approximately 1,000–1,500 German and Dutch military personnel and families on BAH-equivalent allowances; creates a distinct expat rental market in El Paso’s northeast neighborhoods
• Total active-duty: approximately 30,000

El Paso’s rental market (see El Paso TX rent calculator) is significantly shaped by Fort Bliss BAH. BAH for El Paso (2026 E-5 with dependents): approximately $1,400–$1,600/month. The northeast El Paso corridor (Vista Hills, Mission Hills, Northeast) nearest the main gate drives military-oriented rental demand.

Other Texas Military Installations

• Dyess AFB (Abilene): 7th Bomb Wing (B-1B Lancer) + 317th Airlift Wing (C-130J); ~5,000 active duty; Abilene rental market largely military-paced; BAH ~$1,100–$1,400/month E-5.
• Sheppard AFB (Wichita Falls): 82nd Training Wing; Euro-NATO Joint Jet Pilot Training (ENJJPT) — largest pilot training program outside the US Air Force Academy; ~3,000 active duty + significant international trainee population from 14+ NATO countries; unique international rental demand.
• Goodfellow AFB (San Angelo): 17th Training Wing; intelligence/surveillance/reconnaissance (ISR) training; ~3,000 active duty; San Angelo rental market small but stable.
• NAS Corpus Christi (Corpus Christi, Nueces County): Primary Navy and Marine Corps fixed-wing pilot training; T-44C King Air and T-45C Goshawk training; ~2,500 active duty + trainees; Corpus Christi rental market (see Corpus Christi TX rent calculator) has a steady military component.
• Naval Air Station Joint Reserve Base Fort Worth (Fort Worth): F-35A production test flight operations (Lockheed Martin adjacent); Air Force Reserve, Navy Reserve, Marine Reserve; ~2,500 active duty; drives Fort Worth (see Fort Worth TX rent calculator) northwest quadrant demand.

Employer Anchors: Dell, Tesla, ExxonMobil, AT&T, Lockheed Martin, H-E-B, USAA

Austin Metro: Tech Boom, Oversupply Correction, and the Giga Texas Effect

Dell Technologies (Round Rock; NYSE:DELL; Fortune 35): Founded by Michael Dell in 1984 as a UT Austin dorm-room business. Dell returned to public markets in 2018 after going private in 2013. Round Rock headquarters (1 Dell Way) employs approximately 12,000–15,000 in the Austin/Round Rock metro. Dell’s fiscal cycle, quarterly earnings, and layoff announcements materially affect Round Rock and north Austin rental demand; the 2023 Dell layoffs (approximately 6,500 globally) reduced demand pressure in the Domain and Round Rock submarkets.

Tesla Giga Texas (Austin; 2022 opening): Tesla’s primary vehicle manufacturing campus for North America, located at 13101 Harold Green Road, Austin TX 78719 (Del Valle, southeast of downtown). Giga Texas produces the Cybertruck and Model Y on a 2,000-acre campus. Tesla employs approximately 20,000+ at Giga Texas — making it the single largest private employer in the Austin metro area. The Giga Texas effect has driven significant rental demand in Southeast Austin (East Cesar Chavez, Montopolis, Del Valle), an area that was previously underserved by high-quality rental supply. Tesla’s workers (predominantly manufacturing and production roles at $20–$45/hour) have created demand in the $1,100–$1,600/month range south and east of downtown, distinct from the tech-worker demand ($1,800–$2,800/month) north of downtown.

Apple (Austin; 133-acre campus, 12545 Riata Vista Circle, North Austin): Approximately 13,000+ employees; Apple’s 2nd-largest global campus after Cupertino. The North Austin Apple campus drives demand in the Avery Ranch, Brushy Creek, and Jollyville neighborhoods (1BR $1,400–$2,000; 2BR $1,800–$2,600).

Oracle HQ (Austin; relocated from Redwood City, CA in 2020): NYSE:ORCL; Fortune ~80; approximately 10,000+ Austin employees post-relocation. The 2020 Oracle relocation was a bellwether that triggered a wave of California-headquartered company Texas relocations. Oracle’s presence in the Barton Hills area near the Barton Creek Greenbelt drives demand in the SW Austin/Bee Cave corridor.

Samsung Austin Semiconductor (Austin + Taylor, TX): Samsung’s existing Austin fab (12100 Samsung Blvd., Austin) employs approximately 3,500. The $17 billion Taylor, Texas semiconductor fab (70 miles north of Austin in Williamson County) received Chips Act funding and is ramping production. Taylor is a small city (~17,000 population pre-fab announcement); the fab has triggered significant residential development in the Taylor/Round Rock/Georgetown area, with 1BR rents increasing 30–60% in Taylor since the announcement.

Houston Metro: Energy Headquarters and the Medical Center

ExxonMobil (Spring, TX / Houston metro; NYSE:XOM; Fortune 2): The largest investor-owned oil and gas company by revenue. ExxonMobil’s campus is located at 22777 Springwoods Village Pkwy, Spring, TX (Harris County), approximately 20 miles north of downtown Houston. Approximately 10,000+ employees at the Spring campus and surrounding Houston area. ExxonMobil’s quarterly earnings cycle and oil price volatility create boom-bust rental patterns in The Woodlands, Spring, and Kingwood submarkets. The 2020 ExxonMobil layoffs (~1,900 Houston-area positions) and 2022–2024 energy resurgence have caused significant rental price swings in these submarkets.

Chevron (Houston; NYSE:CVX; Fortune 4): Relocated its global HQ from San Ramon, California to Houston in 2024. Chevron now employs approximately 5,000+ in the Houston metro, primarily in the Energy Corridor (Westchase/Briargrove). The Chevron relocation joins ConocoPhillips (~3,000 HQ, Fortune ~60), Shell USA (Woodcreek, The Woodlands), and the Houston energy cluster as major West Houston rental demand drivers.

Texas Medical Center (Houston): The world’s largest medical complex by any measure — 60+ institutions, 8 specialty hospitals, 21 research institutes, 14 medical schools, 110,000+ employees. Institutions include: MD Anderson Cancer Center, Houston Methodist Hospital, Memorial Hermann, Texas Children’s Hospital, UTHealth Houston, Baylor College of Medicine, and UT MD Anderson. The Medical Center drives sustained rental demand in the Museum District, Midtown, Montrose, and Medical Center-adjacent Houston neighborhoods. Research Medical Center professionals (early-career residents and fellows at $50,000–$80,000) seek units at $1,100–$1,600/month within METRO Light Rail access of the Medical Center.

Dallas/Fort Worth: AT&T, American Airlines, Lockheed Martin, and Texas Instruments

AT&T (Dallas; NYSE:T; Fortune 13): America’s largest telecommunications company by revenue. AT&T HQ at One AT&T Plaza (208 S. Akard Street, Dallas TX 75202) employs approximately 15,000+ in the Dallas metro. The Discovery District (Downtown Dallas AT&T campus redevelopment) is converting portions of the original AT&T campus into mixed-use residential/office, adding residential supply while AT&T employees sustain demand in Uptown, Knox-Henderson, and Oak Lawn. AT&T’s corporate headcount has fluctuated significantly with ongoing restructuring (DirecTV spinoff, WarnerMedia merger/AT&T-Discovery separation); current headcount stabilized at approximately 150,000–160,000 globally after peak reductions.

American Airlines (Fort Worth; Nasdaq:AAL): World’s largest airline by fleet size (2024: 950+ mainline aircraft + regional). American Airlines HQ at 1 Skyview Drive, Fort Worth TX 76155 (near DFW Airport) employs approximately 14,000+ HQ employees. The HQ campus drives demand in Grapevine, Euless, Bedford (the “mid-cities”), as well as Southlake and Colleyville for senior management. American’s recent DFW flight operations (approximately 700 daily DFW departures) sustains substantial non-HQ employee housing demand near the airport. See Fort Worth rent calculator for current market data.

Lockheed Martin (Fort Worth; NYSE:LMT; Fortune ~60): The world’s largest defense contractor produces the F-35 Lightning II at Naval Air Station Fort Worth Joint Reserve Base (Carswell Field area), employing approximately 14,000–20,000 in the North Texas area. F-35 production (200–250 aircraft per year at peak; ~$80M–$100M per aircraft; 15-partner nation production program) sustains high-paying manufacturing and engineering jobs ($60,000–$130,000 range). Lockheed’s Fort Worth employees drive rental demand in the Benbrook, White Settlement, Westworth Village, and River Oaks areas adjacent to NAS Fort Worth JRB.

Texas Instruments (Dallas; NYSE:TXN; Fortune ~250): Headquartered at 12500 TI Blvd., Dallas TX 75243 (North Dallas/Richardson). TI employs approximately 25,000 worldwide with a significant Richardson, TX campus concentration. TI produces analog and embedded processing semiconductors; its products are in essentially every electronic device manufactured. The Richardson/Garland/Plano submarket adjacent to TI’s campus sees sustained engineering-salary-driven rental demand ($1,200–$1,800/month for 1BR near TI campus).

San Antonio: Valero Energy, USAA, H-E-B, and the Military Economy

Valero Energy (San Antonio; NYSE:VLO; Fortune 11): The world’s largest independent petroleum refiner, headquartered at One Valero Way, San Antonio TX 78249. Valero operates 15 refineries with a combined throughput capacity of approximately 3.2 million barrels per day. Approximately 10,000 employees in the San Antonio area. The corporate HQ and downstream operations drive demand in the Leon Springs, Northwest San Antonio, and Medical Center area submarkets.

USAA (San Antonio; private): United Services Automobile Association, the military financial services institution, is headquartered at 9800 Fredericksburg Road, San Antonio TX 78288. USAA serves approximately 13 million members (active duty, veterans, and their families). Approximately 18,000–20,000 employees in San Antonio make USAA the second-largest private employer in the city. USAA employees drive demand across the Stone Oak, Shavano Park, and Northwest San Antonio corridors.

H-E-B (San Antonio; private): Texas’s dominant grocery retailer, headquartered at 646 S. Flores Street, San Antonio TX 78204. H-E-B is one of the largest private companies in the US by revenue (~$45B+) and the largest private company in Texas. Approximately 115,000 Texas employees. Beyond direct employment, H-E-B’s supply chain, distribution centers, and ancillary employment create significant secondary rental demand across virtually every Texas city. H-E-B’s distribution center in San Antonio’s South Side and its growing manufacturing campus are local rental demand drivers in the South San Antonio corridor.

University Markets: UT Austin, Texas A&M, University of Houston, Texas Tech, Rice, Baylor

University of Texas at Austin (~51,000 Enrolled)

The University of Texas at Austin is the flagship of the UT System, enrolling approximately 51,000 students — one of the largest single-campus public university enrollments in the US. UT Austin’s academic calendar creates a pronounced August 1 turnover wave: the overwhelming majority of off-campus student housing turns over on August 1, creating a 2–3 week period of peak rental market activity unlike anything outside major university markets.

Key UT Austin landlord dynamics:

• Pre-leasing season: begins in October–November for the following August (9–10 months in advance). Landlords who list in January have already missed the prime market.
• West Campus submarket (west of campus, primarily Nueces/Rio Grande/West 23rd): Highest density student housing; 1BR $1,400–$2,100; 2BR $1,800–$2,800; premium for renovated units with A/C, in-unit laundry, parking.
• North Loop / Hyde Park: Popular with graduate students and working professionals; 1BR $1,300–$1,800; quieter than West Campus.
• Barton Hills / Bouldin Creek: Young professional market driven by tech employees + grad students; 1BR $1,500–$2,200.
• Summer vacancy risk: Students on internships or summer research may sublet (Tex. Prop. Code §92.005 provides that a landlord may not prohibit subletting if the lease is silent on the topic — a unique Texas provision). Landlords should explicitly address subletting in the lease.

UT Austin’s Dell Medical School (opened 2016; first new medical school at a top-50 US university in ~50 years) drives demand in the East Austin and Medical District adjacent to the medical campus at 1912 Speedway, Austin. Medical student and resident housing at $1,200–$1,800/month is a distinct submarket.

Texas A&M University at College Station (~74,000 Enrolled)

Texas A&M University in College Station (Brazos County) is the flagship of the Texas A&M System and the third-largest US university by single-campus enrollment at approximately 74,000 students. Kyle Field (capacity 102,733) is the fourth-largest stadium in the US and the largest in Texas. Texas A&M joined the SEC in July 2012, significantly increasing football revenue and campus investment.

A&M landlord dynamics:

• Pre-leasing: Even earlier than UT Austin; September–October for following August. College Station is a smaller city (~120,000 population) with significant rental supply relative to demand; market more balanced than Austin.
• College Station rents: 1BR $800–$1,400 near campus; 2BR $1,000–$1,800; 4BR $1,800–$3,000 (student group leases). More affordable than Austin or Houston equivalents.
• Bryan TX (adjacent city): 1BR $700–$1,100; attracts graduate students and staff seeking lower rents; 10-15 minute commute to campus.
• ROTC market: Texas A&M has one of the largest Corps of Cadets outside a service academy (~2,000 cadets). SCRA protections apply to the subset who receive commissions and active-duty orders during or after graduation; landlords should be prepared for SCRA terminations from this cohort.

University of Houston (~47,000 Enrolled)

The University of Houston (UH) enrolls approximately 47,000 students in the heart of the Houston metro. A Carnegie R1 research university, UH drives rental demand in Midtown Houston (Museum District, Greenway Plaza), Montrose, and East Houston. UH is approximately 80–90% commuter; most students live off-campus. The proximity to Houston’s Medical Center (walking distance from UH’s medical campus) creates overlap between UH student demand and Medical Center worker demand in the adjacent neighborhoods. 1BR near UH: $950–$1,400.

Texas Tech University at Lubbock (~40,000 Enrolled)

Texas Tech University in Lubbock (Lubbock County, South Plains) enrolls approximately 40,000 students. Texas Tech joined the Big 12 Conference in 1996. Lubbock is highly affordable compared to Austin and Houston. See Lubbock TX rent calculator for current market data. 1BR near campus: $700–$1,000; 2BR: $900–$1,400. The Lubbock rental market is significantly influenced by Texas Tech enrollment cycles; August move-in creates peak demand followed by May/June softening.

Rice University (Houston)

Rice University is a private research university in Houston’s Museum District, enrolling approximately 4,000 undergraduates and 3,500+ graduate students. With a $10B+ endowment (one of the highest per-student endowments in the US), Rice attracts a wealthy student and faculty population. The Medical Center’s proximity makes Rice’s surroundings a premium submarket. 1BR within walking distance of Rice: $1,400–$2,000. Graduate student housing demand is sustained year-round given research program structures.

Baylor University (Waco)

Baylor University in Waco (McLennan County) is a private Baptist research university enrolling approximately 21,000 students and competing in the Big 12. Waco’s rental market has been significantly affected by the “Chip and Joanna Gaines effect” — the HGTV “Fixer Upper” franchise (filmed in Waco) drove tourism and home renovation demand beginning around 2013, increasing median home prices and rents beyond what Baylor student demand alone would justify. See Waco TX rent calculator. 1BR near Baylor: $700–$1,100; near the Magnolia Market area: $900–$1,400.

City Rental Markets: 10 Texas Cities

Austin Market Note: The Post-Pandemic Correction

Austin experienced one of the most dramatic rental market swings in the US. During 2020–2022, Austin rents increased 25–45% as California tech workers relocated, Tesla announced Giga Texas, and Oracle/HP/others followed. By 2022, Austin had the fastest rent growth of any major US metro. However, 2022–2023 saw a historic apartment construction boom: approximately 25,000–30,000 new units were delivered in Travis County over 18 months — the largest per-capita supply surge in any major US metro. By late 2023 and through 2025–2026, Austin rents corrected 10–20% in many submarkets. Landlords who purchased at 2021–2022 prices and rents face significant cashflow pressure as the market rebalances. The Domain/North Austin submarket (near Apple and major tech campuses) has shown more resilience than the East Austin and South Austin markets, which saw disproportionate supply.

10-Step Texas Landlord Compliance Checklist (2026)

1. Security Deposit Documentation: Collect any amount agreed in the lease (no cap). Document the deposit in writing. Before tenant moves in, conduct a joint move-in inspection and document all pre-existing conditions with photos and a written inventory signed by both parties. This documentation is your primary defense against wrongful withholding claims.
2. Smoke Detector Installation: Install working smoke detectors on each floor and outside each sleeping area (Tex. Prop. Code §92.252–92.262). Test each detector and confirm batteries are fresh before tenant move-in. Provide tenant with written confirmation that detectors have been tested. Cannot be waived by lease.
3. Habitability — A/C as Essential Service: Texas treats air conditioning as an essential habitability item. Inspect and service the HVAC system before each tenancy. Respond to A/C failure reports within 7 days (or sooner in summer). Failure to repair A/C in Texas summer heat exposes you to repair-and-deduct (up to $500 or 1 month’s rent) and lease termination by the tenant (§92.0563) without penalty.
4. Know the 30-Day Deposit Return Deadline: From the date the tenant vacates AND provides you with a written forwarding address, you have 30 days to return the deposit or deliver an itemized deduction statement. Set a calendar reminder the moment you receive the forwarding address. Missing this deadline triggers treble damages (3× amount wrongfully withheld + $100 + attorney fees) under §92.109.
5. Itemized Deduction Statement Requirements: If you are withholding any portion of the deposit, simultaneously provide a written itemized statement listing each deduction with (a) the specific reason and (b) the dollar amount. Attach receipts for repairs. Vague categories like “cleaning: $400” without documentation are vulnerable under the §92.110 bad-faith provision. If you act in bad faith, you forfeit all deductions.
6. Three-Day Notice to Vacate Procedure: For nonpayment evictions, serve the written 3-day notice personally or by certified mail + first-class mail. Document service with photos and a certificate of mailing. Do not accept a partial payment that does not cover all amounts owed without a written agreement specifying that the acceptance does not waive the right to proceed with eviction.
7. Verify Subletting Clause: Texas §92.005 provides that if the lease is silent on subletting, the tenant may sublet. If you want to restrict subletting — important for maintaining tenant quality — include an explicit subletting prohibition clause in the lease. Without it, any tenant may sublet to any person without your approval.
8. SCRA Verification for Military Properties: Before serving a 3-day notice or filing eviction on any tenant who appears to be active-duty military, verify SCRA status through the DoD SCRA website (scra.dmdc.osd.mil). If the tenant has received PCS orders or deployment orders and gives 30 days’ notice, the SCRA termination overrides your normal eviction process. Attempting to evict an SCRA-protected servicemember without a court order is a federal violation.
9. Retaliation Avoidance: Do not raise rent, refuse to renew, or take any adverse action within 6 months of a tenant’s good-faith habitability complaint (to you or to a code enforcement agency). Texas §92.334 creates a rebuttable presumption of retaliation during this 6-month window. If you have a legitimate business reason (e.g., market rent increase at lease renewal), document it in writing and ensure the timing does not coincide with recent complaints.
10. Use the RentCeiling Calculator for Your City: While Texas has no rent control cap to calculate, RentCeiling’s Texas city calculators provide current market rent ranges, BAH rates for military landlords, and notice-period compliance summaries for each Texas city. Use the applicable city calculator (Austin, Dallas, Houston, San Antonio, Fort Worth, El Paso, Corpus Christi, Killeen, Lubbock, Waco) to benchmark your rent against current market conditions before issuing any rent increase notice.

FAQ

Does Texas have rent control in 2026?

No. Texas Tex. Local Gov’t Code §214.902 (1985, expanded 2023) prohibits every political subdivision — cities, counties, HOAs, TIF zones, MUDs — from enacting or enforcing any rent control ordinance or rule. Texas’s preemption is the oldest in the US and was further broadened in 2023 to cover HOAs and all other political subdivisions. No Texas landlord is subject to any rent cap, allowable increase percentage, or rent board. Austin landlords may raise rent by any amount with the required one-full-rental-period notice for month-to-month tenancies.

What is the security deposit limit in Texas?

There is no statutory cap. Tex. Prop. Code §92.102 governs deposits but sets no maximum amount. A Texas landlord may require 1 month, 2 months, 3 months, or any other amount agreed to in the lease. The only statutory obligations are the 30-day return deadline (§92.103) and the itemization requirement for deductions — backed by treble damages for wrongful withholding (§92.109).

What is the penalty for wrongfully withholding a security deposit in Texas?

Under Tex. Prop. Code §92.109, a landlord who wrongfully withholds a deposit is liable for: the amount wrongfully withheld + three times that amount + $100 + the tenant’s attorney fees and court costs. This is among the highest deposit withholding penalties in the US. If the landlord acted in bad faith in withholding or in failing to provide the itemized statement, the landlord also loses the right to assert any offsetting deductions as a defense (§92.110).

What is the notice period for eviction for nonpayment in Texas?

Three days. Under Tex. Prop. Code §24.005(a), the landlord must serve a written 3-day notice to pay or vacate before filing a forcible detainer action in Justice of the Peace Court. Three days is among the shortest in the US, comparable to California, Florida, and Ohio. If the tenant pays within 3 days, the eviction is mooted. If not, the landlord may file the following business day.

Can a Texas tenant repair and deduct from rent?

Yes. Under Tex. Prop. Code §92.0561, if the landlord fails to repair a health-or-safety condition within 7 days of proper written notice (two written notices required), the tenant may hire a licensed contractor and deduct the cost from next month’s rent up to $500 or one month’s rent, whichever is greater. The remedy may be used twice per 12-month period. Tenants must not be in default on rent to use this remedy.

Does Texas require notice before a landlord enters a rental unit?

Texas Property Code Chapter 92 does not specify a minimum advance notice period for non-emergency landlord entry, unlike Arizona (2 days), California (24 hours), and Washington (2 days). However, entry must be at reasonable times, and lease provisions specifying a notice period are enforceable. As a best practice, provide 24–48 hours notice for non-emergency entry. If the landlord changes locks (even lawfully), the tenant is entitled to a new key within 2 hours of request at any time (§92.0081).

How does the SCRA apply to Texas military landlords?

Active-duty servicemembers at JBSA, Fort Cavazos, Fort Bliss, Dyess AFB, Sheppard AFB, Goodfellow AFB, NAS Corpus Christi, and NAS Fort Worth JRB may terminate a lease with 30 days’ written notice after receiving PCS or 90+-day deployment orders. No early termination fee may be charged. The landlord must return the security deposit within 30 days of SCRA termination. Before filing any eviction against a military-appearing tenant, verify SCRA status at scra.dmdc.osd.mil. Evicting an SCRA-protected tenant without a court order is a federal violation with significant penalties.

How long does a Texas eviction take?

An uncontested Texas eviction takes approximately 21–28 days from service of the 3-day notice to constable enforcement. After the 3-day notice, the landlord files in Justice of the Peace Court; hearings are set 10–21 days after filing (typically 10–14 days in major counties). After judgment, the tenant has 5 days to appeal. If no appeal is filed, the constable executes the Writ of Possession within 1–3 days. This timeline is significantly faster than California, New York, and New Jersey, and comparable to Arizona. If the tenant appeals to County Court, the process extends by 30–60+ additional days.