Texas Rental Letters: Deposits, Notice to Vacate and Repairs

Texas has no court self-help site for landlord and tenant problems the way California does. The official plain-language map is the Landlord/Tenant Law research guide from the Texas State Law Library, which summarizes the Property Code section by section and links to the statute text. Every page of it says: “The library cannot tell you what the law means for your situation.” The same is true of this page. A LetterForgeUSA editor (a software engineer, not an attorney) read the guide’s pages on October 16, 2026; each showed a last update of October 5, 2026.

The pattern repeats across topics: the Property Code sets a default, the written lease can often change it, and the remedy for most disputes is a justice court case. Written notice and a written forwarding address do a lot of work here, which is why dated letters matter.

Your lease comes first

For a lease that is not month-to-month, “Texas law does not say how much notice must be given to a landlord”; the lease terms control. A tenant who leaves early without a statutory right continues to owe rent until the lease ends or a new tenant is found, though section 91.006 requires the landlord to make reasonable efforts to re-rent (source: TX Law Library: Ending the Lease).

For a month-to-month tenancy, Property Code section 91.001 applies and either side can end it. The tenancy ends on whichever is later: the day stated in the notice, or, for rental periods of at least one month, one month after the day notice is given. For shorter rental periods the notice runs for a number of days equal to the rent-paying period. If the end date falls mid-period the tenant owes rent only up to that point, and if both parties have signed a statement agreeing to different terms, that agreement controls, even if it requires no notice at all (source: TX Law Library: Ending the Lease).

The guide does not say whether a section 91.001 notice must be in writing. Give it in writing anyway, dated, with your move-out date, and keep a copy. The tenant notice to vacate generator writes this letter and, for Texas, its notes repeat the one-month formula. It counts the calendar days between your delivery date and your last day as a fact; it does not decide whether that count satisfies section 91.001 or your lease.

Statutory early termination. The guide lists situations where a tenant can end a lease early regardless of its terms, each requiring written notice and documentation: military deployment or permanent change of station (section 92.017), family violence (section 92.016), certain sexual offenses or stalking (section 92.0161), and the death of a sole-occupant tenant (section 92.0162) (source: TX Law Library: Ending the Lease). Our early lease termination letter is a request to negotiate, not a statutory termination notice.

Security deposits: 30 days, and a written forwarding address

The library guide does not mention any statewide cap on the amount of a deposit (source: TX Law Library: Security Deposits). What the Property Code regulates, as the guide summarizes it, is the refund.

• Deadline. The landlord must refund the deposit “on or before the 30th day after the date the tenant surrenders the premises” (section 92.103).
• Forwarding address. Under section 92.107, the landlord does not have to return the deposit or give a written description of damages and charges until the tenant gives “a written statement of the tenant’s forwarding address”. A tenant who has not given one keeps the right to a refund and can still sue.
• Itemized list. If the landlord keeps part of the deposit for repairs, section 92.104(c) requires an itemized list of all deductions, provided the tenant has paid all rent and there is no dispute over rent.
• Normal wear and tear. The landlord may not keep any part of the deposit for normal wear and tear, which section 92.001(4) defines to exclude deterioration caused by negligence, carelessness, accident or abuse.
• If nothing arrives. If the deposit or the itemized list is not mailed within 30 days of move-out, the tenant can sue, and section 92.109 allows recovery of “three times the portion of the deposit wrongfully withheld” plus other fees in a bad-faith case. Claims under $20,000 can go to justice court, often without an attorney.

(source for the list: TX Law Library: Security Deposit Refunds). It does not say whether a tenant may withhold the last month’s rent against the deposit; our deposit tool does not suggest it.

Practical reading: send your forwarding address in writing before or at move-out, keep proof of delivery, and count the 30 days from the day you surrendered the unit. The security deposit demand letter names your mailing address as your forwarding address, asks for the deposit or an itemized list by a reply date you choose, and leaves penalty claims to a court.

Landlord’s notice to vacate and the eviction timeline

Evictions “usually involve a tenant not paying rent on time or breaking a rule included in the lease”, which the guide distinguishes from a landlord simply not renewing; every eviction starts with a notice to vacate (source: TX Law Library: About Evictions). The eviction process page outlines these steps (source: TX Law Library: The Eviction Process):

1. Notice to vacate (section 24.005). At least 3 days’ notice “unless the lease says otherwise”; the lease may set a longer or shorter period. It must be in writing unless a written lease allows electronic delivery, and may be handed to the tenant or a household member 16 or older, left inside the unit in an obvious place, or mailed. For nonpayment, the landlord must offer a “pay or vacate” option if the tenant paid on time the prior month.
2. CARES Act. Properties in certain federal programs or with a federally backed mortgage require a 30-day notice under federal law. The page says Texas law does not require the landlord to delay filing because of that federal requirement when the Texas notice rules are followed; a tenant in covered housing should ask legal aid about it.
3. Filing and service. After the notice period, the landlord files in the justice court where the property is located. The tenant must be served at least 4 days before trial.
4. Hearing. A written answer is optional in justice court, but a tenant who does not answer must attend the hearing or risk a default judgment. The hearing is set no sooner than 10 days and no later than 21 days after filing.
5. Judgment, appeal and writ. The losing party may appeal to county court within 5 days of the judgment. The landlord may request a writ of possession 6 days after judgment, served with a 24-hour notice to vacate.

The guide also summarizes retaliation under section 92.331: a landlord generally cannot file an eviction, cut services, raise rent or end the lease to punish a tenant for requesting repairs or complaining to a government agency (source: TX Law Library: About Evictions).

LetterForgeUSA’s landlord notice to vacate and pay or quit notice pages are guidance only for Texas: they explain what the guide says and link to section 24.005, but do not generate the notice, because no professional review of our rules has been recorded. The late rent reminder is a factual reminder, not a notice to vacate.

Repairs: the written notice sequence

Under section 92.052, a landlord must make a diligent effort to repair a condition that “materially affects the physical health or safety of an ordinary tenant”, but only if the tenant is current on rent, gave notice to the person or place where rent is normally paid, and did not cause the problem. The sequence is: notify the landlord (in writing only if the lease requires it), allow a reasonable time, presumed under section 92.056(d) to be 7 days, then send a second notice in writing and allow another reasonable period. Sending the first notice by certified mail with return receipt or another trackable method removes the need for a second notice (source: TX Law Library: Requesting Repairs).

Once those steps are complete, section 92.056(e) gives three options: a “repair and remedy” case in justice court; repair and deduct, limited to the greater of one month’s rent or $500 and to listed conditions such as sewage backup, broken heating or cooling, or no drinkable water; or terminating the lease, which forfeits the other two. The guide is blunt about the alternative people reach for first: “simply withholding some or all of the rent isn’t an option under the law”, and under section 92.058 a tenant who does so can owe one month’s rent plus $500 and the landlord’s attorney’s fees (source: TX Law Library: Remedies for Failure to Repair).

LetterForgeUSA does not offer a repair request generator. A dated, signed letter that names the condition and asks for repair, sent by certified mail with return receipt, follows the guide’s sequence.

Rent increases

“There is not a statewide law that places limits on how much a landlord can increase the rent” at renewal. Cities may adopt rent control only under Local Government Code section 214.902, which the guide describes as requiring a declared disaster, a city finding of a housing emergency and the governor’s approval. A tenant can negotiate or decline to renew, and a landlord cannot raise rent to punish a tenant for exercising a legal right (source: TX Law Library: Rent). The guide does not state a notice period for rent increases in a periodic tenancy, so check your lease; the rent increase notice page is guidance only. The same page says a late fee is allowed only if a written lease gives notice of it, the fee is reasonable, and rent remains unpaid more than two full days after the due date (source: TX Law Library: Rent).

Where to get help

The library’s Legal Help guide covers “Texas legal hotlines, clinics, aid organizations, and other resources for legal assistance” (source: TX Law Library: Legal Help). Start with the TexasLawHelp.org legal aid directory or Texas Legal Services Center, which is statewide; the page then lists providers by region, including Lone Star Legal Aid, Texas RioGrande Legal Aid, the Austin Tenants Council, Dallas Volunteer Attorney Program and Legal Aid of NorthWest Texas.

What this guide does not cover

This page summarizes a library research guide, not the statutes themselves. It does not cover subsidized housing beyond the CARES Act notice, manufactured home communities, commercial leases, lockouts, utility shutoffs, property left behind, or any city ordinance, and it does not calculate deadlines. The guide pages were last updated October 5, 2026, and the law may change after that. LetterForgeUSA provides document drafting tools and general information, not legal advice. Rules depend on your location and circumstances.