Property Management in Texas
Texas is a comparatively landlord-friendly state, but "friendly" doesn't mean unregulated. If you manage property for other owners for compensation, you generally need a real estate broker license from the Texas Real Estate Commission (TREC). Residential rentals — short-, mid-, and long-term — are governed primarily by Property Code Chapter 92, which sets the rules for security deposits, repairs, and notices but imposes no statewide rent control and no statutory deposit cap. Short-term rentals are largely a local matter, and some Texas cities are in active legal fights over how far they can restrict them. This guide covers the practical and legal essentials as of 2026. Verify each figure against the primary statutes before relying on it.
This is general information, not legal advice. Texas landlord-tenant law and city short-term-rental ordinances change, and how they apply depends on facts we can't see from here. Consult a licensed Texas attorney and your local city before acting.
Quick reference
License to manage for others
Occ. Code Ch. 1101 (TRELA)Real estate broker license (or sponsored agent) required to manage property for others for compensation — leasing, rent collection, and negotiating for an owner are licensed activities. Managing your own property is exempt.
Security deposit cap
Prop. Code Ch. 92, Subch. CNo statutory cap on residential security deposits.
Deposit return deadline
Prop. Code §§92.103, 92.107, 92.109Within 30 days after surrender, once the tenant gives a forwarding address. Bad-faith retention: $100 + three times the amount wrongfully withheld + attorney fees.
Entry notice
Lease-governed (no statute)No statewide entry-notice statute — access rights are whatever the lease says. Define entry terms in every lease or you have none.
Late fees
Prop. Code §92.019Presumed reasonable up to 12% of monthly rent (4 or fewer units) or 10% (more than 4). Must be in the written lease; chargeable only after rent is unpaid two full days past the due date.
Eviction notice (nonpayment)
Prop. Code §24.0053-day written notice to vacate (unless the lease sets a different period), then a forcible-detainer suit in justice court. One of the country's faster eviction processes.
Rent control / rent caps
Loc. Gov't Code §214.902None. State law effectively prohibits local rent control (narrow disaster exception requiring gubernatorial approval).
Retaliation protection
Prop. Code §92.331Retaliation prohibited for 6 months after a tenant in good faith exercises statutory rights (repair requests, complaints to authorities).
Smoke / CO / safety devices
Prop. Code §§92.251–92.264; §§92.151–92.170Smoke alarms required (landlord installs/inspects); statutory security devices required at landlord expense: keyed deadbolts, window latches, keyless bolting devices, door viewers.
Short-term rental taxes
Tax Code Ch. 156State hotel occupancy tax of 6% on stays under 30 days; cities/counties layer local HOT on top. Platforms remit the state HOT under host agreements (major platforms generally do); local HOT often remains the host's job.
General information, not legal advice. Figures as of 2026 — always confirm against the linked primary source.
Licensing: do you need a TREC license?
Managing property for another owner for compensation is regulated as real estate brokerage under Chapter 1101 of the Texas Occupations Code(the Texas Real Estate License Act, "TRELA"), administered by the Texas Real Estate Commission (TREC), and generally requires an active broker license (or sponsorship by one); managing property you own does not [1].
A key Texas nuance: simply handling the rent — controlling its acceptance or deposit on behalf of another for a single-family residential unit — is itself a licensed activity [1]. Many would-be managers assume they can collect rent for a friend's house "informally"; in Texas that can require a license, and licensed brokers must maintain proper trust-account handling of client funds. Check TREC's rules and laws pages for the current requirements [4].
Security deposits (Property Code Ch. 92)
Texas sets no maximum on the security deposit amount [2]. The discipline is on the back end:
- Return within 30 days of the tenant surrendering the premises, provided the tenant has given a written forwarding address(Prop. Code §92.103, §92.107) [2].
- Itemize deductionsin writing; you may not deduct for normal wear and tear (§92.104) [2].
- Bad-faith retention exposes the landlord to $100 + three times the wrongfully withheld portion + reasonable attorney's fees (§92.109) — Texas's well-known treble-damages trap [2].
The forwarding-address condition matters: the 30-day clock and the itemization duty are triggered by the tenant's written forwarding address, so document when you receive it.
Landlord-tenant essentials
Entry. Unlike California, Texas has no statewide statute requiring advance notice before a landlord enters a residential unit. Entry rights are set by the lease, so a well-drafted lease should spell out notice and access terms [2].
Repairs / habitability.Property Code §§92.051–92.061 give tenants a statutory repair process for conditions that materially affect health or safety. The tenant generally must be current on rent, request the repair in writing (or by the method the lease allows), and give the landlord a reasonable time to fix it before pursuing remedies like repair-and-deduct or lease termination. Property Code §92.056 governs the landlord's duty and the notice mechanics — get this exactly right, because the procedure is technical.
Required lease provisions / disclosures.Texas requires certain lease language and disclosures, including security-device and smoke-alarm provisions (Ch. 92, Subchapters D & F) and federal lead-based-paint disclosure for pre-1978 housing. There is a 6-month retaliation window: a landlord generally may not retaliate against a tenant for exercising statutory rights.
Late fees.Texas caps late fees by statute (Prop. Code §92.019): a fee is presumed reasonable if it does not exceed 12% of monthly rent for properties with four or fewer units, or 10% for properties with more than four units; the fee must be stated in a written lease and may only apply if rent has remained unpaid for at least two full days after the due date [2]. Verify the current figures.
Eviction: a faster, more landlord-friendly process
Texas eviction (a "forcible detainer" suit) is materially faster than California's. The baseline is a 3-day written notice to vacateunder Property Code §24.005 — but the parties can contract for a shorter or longer period in a written lease, and many Texas leases shorten it [3]. After the notice period expires, the landlord files in justice court, the case is heard quickly, and — if the landlord prevails — a writ of possession follows. Service of the notice can be by mail, conspicuous posting inside the premises, hand delivery to an occupant 16 or older, or agreed electronic means [3]. Note the legislature has amended §24.005 in recent sessions, so confirm the current text [3].
TIDY take:Texas's 30-day deposit clock (with its treble-damages penalty), license renewals, and city STR permit renewals are exactly the deadlines that quietly cost managers money. Set them once in software and let the reminders find you. See how TIDY automates compliance reminders →
Short-term rentals (STRs)
Texas has no statewide STR preemption or registry— cities regulate independently, several city ordinances have faced court challenges, and the rules change quickly [5]. Always verify the current local ordinance (and any pending court orders) before listing.
Taxes
Texas imposes a 6% state Hotel Occupancy Tax (HOT) on stays under 30 consecutive days, including short-term rentals, collected by the Texas Comptroller [6]. Cities, and some counties and special districts, can layer on local hotel occupancy taxes on top of the state 6%, so the effective rate varies by location. Platforms like Airbnb and Vrbo collect and remit the stateHOT for bookings where they have an agreement with the host to do so (the major platforms generally do) — but localHOT obligations often remain the host's responsibility, and some localities have begun mandating platform collection, so confirm who collects what where your property sits [6]. Long-term residential rent (30+ days) is generally not subject to HOT.
Texas-specific gotchas
- Controlling rent for another owner can itself require a TREC license — informal rent collection for a friend isn't automatically exempt [1].
- The 30-day deposit clock is triggered by the tenant's written forwarding address, and bad-faith retention carries treble damages [2].
- No statewide entry-notice statute— your lease must define access terms, or you'll have none [2].
- Late-fee caps are statutory(Prop. Code §92.019) and the fee must be in the written lease [2].
- STR rules are local and litigated— some Texas cities' ordinances are under active court challenge and keep changing; confirm the current ordinance and any pending court orders before investing.
Sources
Local rules and figures are summarized as of 2026 and change frequently — verify the current rule with the primary source or a local attorney.
- TREC Rules and Laws — property management as a brokerage activity under TRELA (Tex. Occ. Code Ch. 1101); license required to lease/control rent for another. (Verify current as of 2026.)
- Texas Property Code Ch. 92 — §§92.103–92.104 (30-day itemized deposit return), §92.107 (forwarding address), §92.109 (treble damages), §92.019 (late-fee caps), §92.056 (repairs).
- Texas Property Code §24.005 — 3-day notice to vacate (subject to lease), service methods; recently amended — confirm current text.
- TREC Rules — trust accounts and licensee obligations for property managers.
- Texas Comptroller Hotel Occupancy Tax overview — state 6% applies to STRs under 30 days; no statewide STR preemption noted.
- Texas Comptroller Hotel Occupancy Tax FAQ — 6% state rate, local HOT add-ons, and agreement-based platform collection of the state HOT.