All Texas residential leases are governed primarily by Texas Property Code Chapter 92. Eviction procedures are found in Texas Property Code Chapter 24 and the Texas Rules of Civil Procedure Rule 510. Below is a complete reference organized by topic, with DFW-specific notes and links to detailed guides on this site.
DFW Note: Dallas, Tarrant, Collin, and Denton counties all follow state law for landlord-tenant matters. Some cities (Dallas, Fort Worth, Irving) have additional local housing code ordinances that may provide extra tenant protections. Always check your city's code compliance department.
Security Deposits (§§ 92.101–92.109)
| Statute | What It Says | Key Tenant Right |
|---|---|---|
| § 92.102 | No statutory cap on deposit amount, but deposit rules strictly govern its return | Know what you paid and get a receipt |
| § 92.103 | Landlord must return deposit within 30 days after you vacate and provide a forwarding address | Clock starts when BOTH conditions are met |
| § 92.104 | Only lawful deductions: unpaid rent, damages beyond normal wear and tear, charges in writing in the lease | Normal wear and tear cannot be deducted |
| § 92.107 | Forwarding address required to start the 30-day clock — provide in writing before you move | Send via text or email so you have proof |
| § 92.109 | Bad faith withholding: tenant may recover $100 + 3x the wrongfully withheld amount + attorney's fees | Most powerful remedy for deposit disputes |
See full Security Deposit guide →
Repairs & Habitability (§§ 92.052–92.061)
| Statute | What It Says | Key Tenant Right |
|---|---|---|
| § 92.052 | Landlord must make repairs that materially affect health or safety if tenant is current on rent | Covers A/C, heat, plumbing, mold, pest infestation |
| § 92.054 | Landlord not responsible for conditions caused by tenant, their guests, or their pets | Document pre-existing conditions at move-in |
| § 92.056 | Tenant must give written notice and allow reasonable time (typically 7 days) before seeking remedies | Written notice starts your repair timeline |
| § 92.0561 | Repair-and-deduct: tenant may hire contractor and deduct cost from rent (up to 1 month's rent, twice per 12 months) | Must follow strict notice procedure first |
| § 92.058 | Court may order repairs, rent reduction, termination, and damages if landlord fails to comply | File in JP court after proper notice |
| § 92.061 | Landlord may not retaliate for good-faith repair requests or code complaints | Links to retaliation law § 92.331 |
See full Repairs & Habitability guide →
Eviction (§§ 24.001–24.011; Tex. Prop. Code § 92.0081)
| Statute | What It Says | Key Tenant Right |
|---|---|---|
| Prop. Code § 24.005 | Landlord must give written notice to vacate before filing eviction — 3 days minimum (may be shorter if lease allows) | Check your lease for the notice period |
| Prop. Code § 24.006 | Forcible detainer (eviction) suit filed in Justice of the Peace court; hearing set within 10–21 days | You have the right to appear and defend |
| Prop. Code § 24.0061 | Writ of possession: landlord must wait until this is issued before removing tenant; illegal self-help eviction is prohibited | No landlord may remove you without a writ |
| Prop. Code § 92.0081 | Lockouts prohibited: landlord may not change locks without notice or without providing key. Penalty: 1 month's rent + $1,000 + attorney's fees | If locked out, call police — it's illegal |
| Prop. Code § 92.008 | Utility cutoff prohibited as an eviction tactic; tenant may recover actual damages + 1 month's rent + $1,000 | Report utility cutoffs to city officials |
See full Eviction Defense guide →
Retaliation (§§ 92.331–92.335)
| Statute | What It Says | Key Tenant Right |
|---|---|---|
| § 92.331 | Landlord may not retaliate against tenant for repair requests, code complaints, tenant organizing, or exercising legal rights | Protected from eviction, rent hikes, service cuts |
| § 92.332 | Retaliation is an affirmative defense in eviction proceedings | Raise it at your JP court hearing |
| § 92.333 | Remedies: 1 month's rent + $500 + actual damages + attorney's fees | Strongest monetary remedy in tenant law |
| § 92.334 | 6-month presumption: adverse action within 6 months of protected activity is presumed retaliatory | Burden shifts to landlord to disprove |
| § 92.335 | Landlord defenses: rent delinquency, lease violations not related to protected activity | Keep current on rent to strengthen your claim |
See full Retaliation Rights guide →
Privacy & Landlord Entry (§§ 92.151–92.165)
| Statute | What It Says | Key Tenant Right |
|---|---|---|
| § 92.153 | Landlord must provide and maintain deadbolt locks on exterior doors and window latches on windows | Request missing devices in writing |
| § 92.154 | Sliding glass doors must have a security bar or pin | Required at no extra charge to tenant |
| § 92.156 | Keyholders list: tenant may require landlord to provide list of anyone with a key to the unit | Request in writing; landlord must comply |
| § 92.157 | Landlord must re-key between tenants if requested (within 7 days of move-in) | Request re-keying in writing at move-in |
| § 92.158 | Landlord must install and repair security devices within a reasonable time of written request | Written request is required to trigger duty |
| § 92.0159 | Tenant may install additional security devices at own expense; must restore on move-out unless landlord agrees otherwise | Get landlord approval in writing first |
Utility Shutoffs (§§ 92.008, 92.010)
| Statute | What It Says | Key Tenant Right |
|---|---|---|
| § 92.008 | Landlord may not intentionally interrupt utility service (water, gas, electricity) to force a tenant out. Penalty: actual damages + 1 month's rent + $1,000 + attorney's fees | Call 311 or police; document with photos |
| § 92.010 | If utilities are in landlord's name, landlord must give 5 days written notice before switching to tenant's name; may not use transfer as harassment | Demand notice in writing if service is transferred |
| § 92.012 | If landlord bills you for utilities, bill must be itemized and based on actual meter readings — no estimation without agreement | Demand itemized utility bills; challenge estimates |
Fair Housing & Discrimination
| Law | What It Covers | Protected Classes |
|---|---|---|
| Fair Housing Act (42 U.S.C. § 3604) | Federal law prohibiting housing discrimination in rental, sale, and financing | Race, color, national origin, religion, sex, familial status, disability |
| Texas Fair Housing Act (Tex. Prop. Code §§ 301.001–301.171) | State law mirroring federal protections with additional enforcement via TREC | Same as federal + source of income in some cities |
| Dallas Fair Housing Ordinance | Dallas prohibits discrimination based on sexual orientation and gender identity in addition to federal classes | Applies to Dallas city limits; file with Dallas Office of Fair Housing |
| HUD Complaint Process | File at hud.gov/program_offices/fair_housing within 1 year of discriminatory act | Free to file; HUD investigates at no cost |
Texas Court Hierarchy for Tenant Cases
Understanding which court handles your case is critical in DFW. Most tenant cases start in Justice of the Peace court.
Texas Supreme Court Highest court for civil matters; rarely hears tenant cases; sets binding precedent statewide
Texas Courts of Appeals (5th District — Dallas) Hears appeals from County Courts At Law; binding on lower DFW courts
County Court At Law (Dallas/Tarrant County) Appeals from JP court; trial de novo (new trial); handles eviction appeals and larger claims
Justice of the Peace Court (Precinct 1-8) WHERE YOUR CASE STARTS: evictions, small claims up to $20,000, deposit disputes, repair remedies — no jury required; no formal rules of evidence
DFW JP Courts: Dallas County has precincts 1-8 (locations at dallascounty.org). Tarrant County JP courts are at tarrantcounty.com. File in the precinct where your rental unit is located, not where you currently live. Filing fee is approximately $46-$75 for eviction response or small claims.
DFW Resources & Contacts
Legal Aid of NorthWest Texas (LANWT)
Free civil legal help for qualifying low-income tenants in Dallas, Tarrant, Collin, and Denton counties.
lanwt.org | 888-529-5277
lanwt.org | 888-529-5277
Texas Tenants Union
DFW-based tenant advocacy organization offering counseling, education, and organizing support.
tenantsunion.org | 214-823-2733
tenantsunion.org | 214-823-2733
Dallas Code Compliance
Report habitability violations, code violations, and unsafe conditions.
214-671-6559 | dallas311.com
214-671-6559 | dallas311.com
Fort Worth Code Compliance
Report housing code violations in Fort Worth/Tarrant County.
817-392-1234 | fortworthtexas.gov
817-392-1234 | fortworthtexas.gov
Dallas Volunteer Attorney Program
Pro bono legal referrals for low-income Dallas County residents.
dvap.org | 214-599-0900
dvap.org | 214-599-0900
Texas Attorney General Tenant Helpline
Information on tenant rights; cannot provide legal advice.
texasattorneygeneral.gov | 800-621-0508
texasattorneygeneral.gov | 800-621-0508
Recent Legislative Changes (83rd–88th Legislature)
88th Legislature (2023): HB 2878 — Maintained tenant protections under § 92.052 (repairs). No major rollbacks to tenant rights. Local rent control ordinances remain preempted by state law (existing preemption maintained).
87th Legislature (2021): SB 6 — Extended eviction protections for tenants affected by winter storm Uri; established emergency rental assistance framework. Temporary provisions have expired but set precedent for emergency housing aid.
86th Legislature (2019): HB 1783 — Strengthened protections for victims of family violence seeking early lease termination under § 92.016. Courts must now accept a wider range of documentation including law enforcement reports and medical records.
85th Legislature (2017): SB 45 — Expanded § 92.016 to cover stalking and sexual assault as grounds for early lease termination. Military deployment protections under § 92.017 were also clarified.
83rd Legislature (2013): HB 1706 — Updated security device requirements in §§ 92.153–92.165. Required keyhole viewers on exterior doors. Added specific remedies for landlords who fail to install required devices.
Frequently Asked Questions
Where do I file a small claims case against my landlord in Dallas County?
File in the Justice of the Peace court for the precinct where your rental unit is located. Dallas County has eight JP precincts. Find your precinct at dallascounty.org using your rental address. Filing fees are approximately $46–$75. You can file claims for security deposit disputes, repair remedies, retaliation damages, and lockout penalties — all without an attorney.
Does Texas law limit how much rent a landlord can charge or increase?
No. Texas state law does not cap rent amounts or limit rent increases. Local rent control ordinances are preempted by state law (Tex. Prop. Code § 92.001 et seq. and preemption under the Local Government Code). However, a landlord cannot raise rent in retaliation for protected activity (§ 92.331), and must provide proper notice before increasing rent — typically at lease renewal time or with advance written notice as specified in the lease.
How do I verify a Texas statute is current?
Always verify statutes at the official Texas Legislature Online site: statutes.capitol.texas.gov. You can search by code (Texas Property Code) and section number. The site is updated after each legislative session. The 89th Legislature convened in January 2025; check for any new changes affecting tenant rights.
What is the difference between Justice of the Peace court and County Court At Law?
Justice of the Peace (JP) court is where eviction cases begin and where most small tenant claims are filed. It handles claims up to $20,000, has no jury requirement, and does not follow formal rules of evidence — making it accessible for self-represented tenants. County Court At Law hears appeals from JP court (as a trial de novo, meaning a completely new trial). If you lose at JP court, you can appeal to County Court At Law within 5 days for eviction cases or 21 days for small claims.
Can my landlord evict me for calling code compliance?
No. Calling code compliance is a protected activity under Tex. Prop. Code § 92.331. If your landlord files eviction against you within 6 months of your code complaint, Texas law presumes the eviction is retaliatory under § 92.334. Appear at your hearing and raise retaliation as a defense. You may also be entitled to one month's rent + $500 + attorney's fees under § 92.333. Keep your complaint reference number as evidence.
Legal Disclaimer: This statute index is for general informational and educational purposes only. It is not legal advice. Statutes may have been amended — always verify at statutes.capitol.texas.gov. For legal advice specific to your situation, consult a licensed Texas attorney or contact Legal Aid of NorthWest Texas at lanwt.org.