If you are signing your first Houston lease, much of it will look familiar: rent, term, pet rules, parking. A few Texas rules are worth knowing before you sign, because they decide whether you get your deposit back, how repair requests work and what happens if you need to leave early. Many Houston apartment communities use a standard lease form from the Texas Apartment Association, but state law sets the floor.
Short answer: Texas does not cap security deposits. After you move out, the landlord has 30 days to refund your deposit or send an itemized list of deductions, but that duty does not begin until you give a written forwarding address. For repairs that affect health or safety, give notice the way your lease requires, which is usually in writing, and keep a copy. Check the notice-to-vacate clause before you sign, because missing that deadline can renew the lease.
Before you sign
- Add up the true monthly cost. Ask for every recurring charge in writing: rent, parking, pet rent, trash or valet trash, technology packages and any utility charges billed by the property.
- Read the flood disclosure. Texas landlords must give a written flood notice before you sign. Our hurricane season guide explains what it covers.
- Check insurance requirements. Many buildings require renters insurance at a set liability limit.
- Keep your copy. The landlord must give you a copy of the signed lease, and you will want it the day something goes wrong.
Getting your deposit back
Texas law does not limit how much a landlord can charge as a security deposit, so amounts vary widely. What the law does regulate is the refund. Under Section 92.103 of the Texas Property Code, the landlord must refund the deposit, or send a written description and itemized list of deductions, within 30 days after you surrender the unit. Under Section 92.107, that obligation does not begin until you provide a forwarding address in writing, though you do not lose your right to the refund if you forget.
Landlords may deduct for damage beyond normal wear and tear, but not for ordinary wear. A landlord who keeps a deposit in bad faith can owe $100, three times the amount wrongfully withheld and the tenant’s attorney’s fees. To protect yourself, photograph every room at move-in, fill out the move-in inventory form carefully, and photograph the unit again when you leave.
Requesting repairs
Texas landlords must make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant, once you have given notice and as long as you are current on rent. Your remedies, which can include ending the lease, depend on following the notice steps in the Property Code and your lease. Most leases require repair requests in writing. Use the online portal if there is one, keep a screenshot or email copy, and follow up in writing if the problem continues. In Houston, ask on your tour how quickly maintenance responds when an air conditioner fails in summer.
Moving out or leaving early
- Notice to vacate. Many leases require written notice a set number of days before the lease ends. Miss it, and the lease may continue month to month or renew.
- Breaking the lease. Leaving early usually means paying a reletting fee or rent until the unit is re-leased, as the lease spells out.
- Protected exceptions. Texas law lets tenants end a lease early without penalty in certain situations, including some military deployments or transfers, family violence, certain sexual offenses and stalking, if the required notice and documents are provided.
This guide is general information, not legal advice. The Texas State Law Library and Texas RioGrande Legal Aid publish free plain-language guides and sample letters for tenants.
Using the directory
Once you know the lease terms that matter to you, shortlist buildings in the full directory and ask each leasing office for a sample lease and fee sheet before you apply.