Texas Landlord-Tenant Law: A 2026 Guide for Landlords

Texas landlords who haven't checked their eviction paperwork since before 2026 are working from an outdated notice requirement. Senate Bill 38, passed by the 89th Texas Legislature, took effect January 1, 2026, and applies to any eviction suit where the petition is filed on or after that date — which by now means every active case.

The change is narrow but real: it doesn't shorten the standard notice period, and it doesn't create a new "cure" deadline. What it does is give landlords a documented option they didn't clearly have before, and it's easy to get wrong if you're still using a form built for the old rule.

This guide walks through Texas's core landlord-tenant framework — eviction notice, repair obligations, and lock-change rules — with links to the primary statute for each.

How Much Notice Must a Texas Landlord Give Before Filing Eviction?

Texas law requires a landlord to give a tenant at least three days' written notice to vacate before filing a forcible detainer (eviction) suit, unless the lease sets a different period in writing (Tex. Prop. Code § 24.005).

As amended by SB 38, the form that notice must take now depends on the tenant's payment history:

• Tenant not previously delinquent: the notice must be a "notice to pay rent or vacate" — it has to give the tenant the option to pay and stay.

• Tenant previously delinquent: the landlord may choose either a "notice to pay rent or vacate" or a plain "notice to vacate," which does not offer a pay option.

SB 38 also expanded how notice can be delivered. Under the amended § 24.005(f-3), a landlord may use any of: mail (first class, registered, or certified, or a delivery service), hand delivery to a tenant 16 or older, delivery to the inside of the premises, or electronic communication if the parties agreed to it in writing.

One more change worth flagging: an amended § 24.005(c-1) states that a landlord who satisfies the state notice requirement is not required to additionally delay filing suit based on a separate federal notice requirement. This is statute language, not legal interpretation — landlords whose properties are federally backed or federally assisted should confirm with counsel how this interacts with any federal notice obligations that may still apply to their property specifically.

What Are a Texas Landlord's Repair Obligations?

Property Code Chapter 92 requires a landlord to make a diligent effort to repair or remedy a condition when three things are true: the tenant has given written notice (if there's a written lease), the tenant is current on rent, and the condition materially affects the physical health or safety of an ordinary tenant — or involves hot water below 120°F (Tex. Prop. Code § 92.052).

A landlord isn't liable for a condition caused by the tenant, an occupant, a family member, or a guest.

Under § 92.056, a landlord becomes liable when all of the following apply: proper notice was given, the condition materially affects health or safety, the tenant gave a second written notice after a reasonable time passed, the landlord had a reasonable amount of time to repair, and the landlord still made no diligent effort. Seven days is a rebuttable presumption of a reasonable repair window under the statute — it isn't an automatic deadline in every case, but it's the benchmark the law starts from.

If a landlord fails to meet that standard, a tenant may terminate the lease, pursue repair-and-deduct, or seek other judicial remedies. Repair-and-deduct is capped: a tenant's deduction can't exceed one month's rent or $500, whichever is greater (Tex. Prop. Code § 92.0561).

Can a Texas Landlord Change the Locks on a Delinquent Tenant?

Only under specific conditions. A landlord may not change a tenant's door locks unless the tenant is delinquent in paying all or part of the rent (Tex. Prop. Code § 92.0081).

Even then, the landlord must give written notice not later than the fifth calendar day before the lock change, and must provide the tenant with a key or access at all times, 24 hours a day, regardless of whether the rent has been paid.

What Happens If a Tenant Pays Only Part of the Rent?

Texas statute doesn't set a single blanket rule for how partial payments interact with an eviction already in progress — how a payment made after notice affects a case can depend on the specific facts and is a question for an attorney, not a general guide. What a landlord can control directly is the paperwork: accurately tracking exactly what was paid, when, and against which notice, rather than relying on memory or a manual ledger. That documentation is what protects a landlord if a partial-payment question ever comes up in court.

Where Can Texas Landlords Find the Full Statute?

This guide covers eviction notice, repair obligations, and lock-change rules — three of the areas most likely to change or trip landlords up. Texas landlord-tenant law also covers security deposits and other topics under Property Code Chapter 92, Subchapter C, which landlords and tenants can review directly at the primary source: Texas Property Code Chapter 92 and Chapter 24 on the official Texas Statutes website.

This article is provided by PayRent for general informational purposes and is not legal advice. Laws change, and how they apply can depend on your specific circumstances — always confirm current requirements with the official Texas Statutes or a licensed attorney before acting. Learn more about how PayRent helps landlords track rent, partial payments, and lease compliance at payrent.com.