TX · Renter law

Which lease clauses are illegal in Texas?

Texas is known as a landlord-friendly state, and a lot really is left to the lease. But the Property Code draws hard lines on late fees, repairs, lockouts and deposits, with penalties that often triple the money involved.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In Texas, a lease can’t charge a late fee before rent is two full days late or above 12% of rent (10% in buildings with more than four units) unless it matches the landlord’s actual costs, can’t make the tenant responsible for all repairs, can’t authorize a lockout without the statutory notice and 24-hour key access, and can’t forfeit the deposit or charge it for normal wear and tear (Tex. Prop. Code §§ 92.019, 92.006, 92.0081, 92.104).

Below are 8 lease clauses that Texas law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

8 lease clauses that break Texas law

1. A late fee over 12% (or 10%), or before two full days

Lease language to watch for
“Rent not received by 11:59 p.m. on the 1st incurs an initial late fee of $150 plus $25 per day.”
What the law saysTex. Prop. Code § 92.019
A late fee must be in the lease, be reasonable, and can’t apply until rent is still unpaid two full days after the due date. It’s presumed reasonable at up to 12% of the month’s rent in a building with four or fewer units, or 10% in a larger building, counting the initial and daily fees together. A landlord who charges an unlawful late fee owes $100, three times the fee, and attorney’s fees.
Read the official text

More detail: Texas late fee rules and calculator.

2. “Tenant is responsible for all repairs”

Lease language to watch for
“Tenant accepts the Premises as-is and shall be responsible for all repairs and maintenance.”
What the law saysTex. Prop. Code § 92.006
The landlord’s duty to repair conditions that materially affect health or safety can’t be waived by a boilerplate clause. The narrow exceptions require a specific, bold or underlined written agreement, and one of them applies only to a landlord who owns a single rental.
Read the official text

3. Giving up your repair remedies

Lease language to watch for
“Tenant shall continue to pay full rent regardless of the condition of the Premises.”
What the law saysTex. Prop. Code § 92.056
Once you give notice of a health or safety problem and a follow-up notice, and the landlord still doesn’t repair it, you may end the lease, repair and deduct (up to one month’s rent or $500, whichever is greater), or sue. A lease can’t strip those remedies.
Read the official text

4. Changing the locks “until rent is paid”

Lease language to watch for
“If rent is late, Landlord may change the locks and shut off utilities until Tenant pays in full.”
What the law saysTex. Prop. Code § 92.0081
Texas allows a lockout for unpaid rent only if the lease authorizes it, the tenant is actually delinquent, advance written notice is given, and a new key is available at any hour whether or not rent is paid. Locking a tenant out any other way, or cutting utilities to force payment, is an illegal self-help eviction.
Read the official text

5. A forfeited deposit or charges for normal wear and tear

Lease language to watch for
“The security deposit is non-refundable and covers carpet replacement and repainting at move-out.”
What the law saysTex. Prop. Code § 92.104
A landlord may deduct only damages and charges you’re legally liable for, never normal wear and tear, and must give a written, itemized list of deductions with the balance.
Read the official text

6. Holding the deposit longer than 30 days

Lease language to watch for
“Landlord will refund the deposit within 60 days of move-out.”
What the law saysTex. Prop. Code § 92.103Tex. Prop. Code § 92.109
The deposit is due back no later than 30 days after you move out. A lease may require advance notice of move-out as a condition of the refund only if that requirement is underlined or in bold. A landlord who keeps a deposit in bad faith owes $100 plus three times the amount withheld, plus attorney’s fees.
Read Tex. Prop. Code § 92.103Read Tex. Prop. Code § 92.109

7. Penalties for requesting repairs

Lease language to watch for
“Landlord may terminate this lease if Tenant makes repeated repair requests.”
What the law saysTex. Prop. Code § 92.331
For six months after a protected action (requesting repairs, complaining to a government agency, or joining a tenant organization), a landlord may not retaliate by filing an eviction, cutting services, raising rent or ending the lease.
Read the official text

8. No way out for family-violence survivors

Lease language to watch for
“Tenant remains liable for all rent through the end of the term under all circumstances.”
What the law saysTex. Prop. Code § 92.016
A tenant who is a victim of family violence may end the lease without owing future rent by giving the landlord qualifying documentation and 30 days’ written notice. This right can’t be waived.
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in Texas:

  • A large security deposit. Texas sets no maximum security deposit, so two or three months’ rent isn’t unlawful by itself. The 30-day return deadline and the wear-and-tear rule still apply. (Tex. Prop. Code § 92.102)
  • Entry on short notice. Texas has no statute setting a notice period for landlord entry. What it does bar is keeping you out of your home except through the courts or for bona fide repairs or emergencies. (Tex. Prop. Code § 92.0081)
  • Refusing housing vouchers. Texas has no source-of-income protection and bars cities and counties from creating one, so a “no Section 8” policy is lawful here. (Tex. Loc. Gov't Code § 250.007)
  • A ban on subletting. Texas has no statute giving tenants a right to sublet, so a no-sublet clause is generally enforceable. (Tex. Prop. Code § 92.010)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with Texas law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a Texas lease

Questions renters ask

Is there a security deposit limit in Texas?

No. Texas sets no maximum deposit, so two or three months’ rent isn’t unlawful by itself. The landlord still has to return it within 30 days, itemize deductions, and can’t keep any of it for normal wear and tear.

Can a Texas landlord lock me out for late rent?

Only under strict conditions: the lease must allow it, you must actually be behind, the landlord must give advance written notice, and a new key must be available at any hour whether or not you pay. A lockout without all of that is an illegal self-help eviction.

Can a Texas lease make me pay for all repairs?

Not for conditions that materially affect health or safety. That duty can’t be waived by a boilerplate clause; the narrow exceptions need a specific, bold or underlined written agreement.

Sources & statutes

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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.