Understanding What A Landlord Cannot Do In Texas (2026)

Evicting a Tenant Without a Court Order

Texas Senate Bill 38 went into effect in 2026. The legislation makes it easier to evict squatters, but it preserves certain tenant rights. A landlord must still have a court order to evict someone from the premises, and “self-help” evictions are still illegal.

Lockouts and Utility Shutoffs

Changing locks and shutting off utilities are two common examples of self-help eviction. Each is a form of constructive eviction and is illegal in Texas (and almost everywhere else).

Entering the Rental Without Proper Notice

Most states have laws requiring landlords to give tenants proper notice (usually 24–48 hours) before entering their residences. However, Texas law doesn’t outline a specific notice requirement.

Instead, landlords can generally enter a rental:

• In an emergency
• When repairs are necessary
• Under conditions outlined in the lease agreement

To avoid confusion, every landlord should verify that each lease agreement states how much notice will be given before they can enter tenants' homes. For their part, renters should check their leases for notice periods and ask about them if none are listed.

Withholding the Security Deposit Unlawfully

Unlike many states, Texas doesn’t require landlords to keep security deposits in a dedicated bank account. However, they may not withhold a tenant’s security deposit without reason.

Once a tenant vacates the premises, landlords have 30 days to return a security deposit (minus deductions for damage). They may make deductions for normal wear and tear.

Raising Rent Mid-Lease or Without Notice

While Texas doesn’t set caps on rent increases, landlords may not increase rent during a fixed-term lease. For month-to-month tenancies, landlords must provide a written rent increase notice at least 30 days before the change takes effect.

Discriminating Against Protected Tenants

Discrimination is governed by federal law and is taken seriously everywhere in the nation. The Fair Housing Act makes it illegal for landlords to treat tenants differently based on sex, race, or other protected characteristics.

Ignoring Repairs or Retaliating Against Tenants

The Fair Housing Act also makes it illegal for landlords to retaliate against tenants who file a complaint, request repairs, or exercise similar rights.

Texas landlords are required to make repairs when tenants request them. However, they’re only obligated to do so if:

• The tenant is current on their rent when they make the request
• The problem impacts tenant health or safety, or hot water doesn’t reach 120 degrees

Ignoring repair requests is illegal. When it happens, a tenant may break their lease or file a lawsuit.

Tenant Rights Should Be Upheld and Respected

Even landlord-friendly states have many laws designed to protect tenants’ rights. Whether you’re a landlord or a tenant, understanding these rules can help prevent disputes and other problems.