Texas Landlord-Tenant Law: A Guide for JBSA Renters & Homeowners

Texas tenants are protected by Chapter 92 of the Texas Property Code. Core rights include a habitable home, the return of a security deposit within 30 days of move-out, advance notice before a landlord changes the locks for nonpayment, and the ability to request repairs in writing. Many rights cannot be waived in a lease — if a clause conflicts with the statute, the statute wins.

Tenants also have the right to quiet enjoyment, meaning the landlord can't enter without reasonable notice (the lease typically defines what's reasonable) and can't harass the tenant into leaving.

Under §92.103, the landlord must refund the deposit (less itemized lawful deductions) within 30 days of the tenant surrendering the property and providing a forwarding address. Withholding the deposit in bad faith exposes the landlord to three times the amount wrongfully withheld plus $100 and attorney's fees.

Normal wear and tear cannot be deducted. Move-in and move-out photos protect both sides — we always recommend a dated walkthrough video.

Texas requires landlords to make a diligent effort to repair conditions that materially affect health or safety (§92.052) after the tenant gives written notice and is current on rent. If the landlord doesn't act in a reasonable time, the tenant may — after a second notice — terminate the lease, get a judicial repair order, or recover damages.

Tenants should always put repair requests in writing (email counts) and keep copies. "Self-help" repair-and-deduct is narrow in Texas; follow the statutory steps before spending money you expect to recover.

Before filing an eviction (a "forcible detainer" suit in justice court), the landlord must give a written notice to vacate. The default period is 3 days unless the lease shortens or lengthens it (§24.005). The tenant has the right to appear, present defenses, and appeal the JP court judgment to county court.

Texas does not allow self-help evictions. A landlord may not change locks, remove doors, or shut off utilities to force a tenant out. Lockouts for nonpayment have their own strict notice procedure under §92.0081.

The federal Servicemembers Civil Relief Act sits on top of Texas law. For airmen, soldiers, and sailors stationed at JBSA, the most-used provisions are:

• Lease termination on PCS or deployment of 90+ days. Deliver written notice and a copy of your orders; the lease ends 30 days after the next rent due date.
• 6% interest cap on pre-service debts (including some lease-related obligations) while on active duty.
• Stay of eviction proceedings when military service materially affects the ability to pay — the court can pause the case for at least 90 days.
• Default judgment protections if a service member can't appear in court because of duty.

The Texas Property Code §92.017 mirrors the SCRA lease-termination right for active duty members and their dependents — useful when orders change on short notice.

Houses around Schertz, Cibolo, Converse, Live Oak, Universal City, and the far West Side turn over quickly because of PCS cycles. A few practices keep owners on the right side of the statute:

• Use a TAR or TREC-compliant lease and the required disclosures (lead paint, flood, parking, multi-unit rules).
• Install and maintain smoke alarms and the security devices required by §92.153 (deadbolts, keyless bolting devices, door viewers).
• Document the property's condition at move-in with the tenant.
• Respond to written repair requests promptly — and in writing.
• Honor SCRA terminations without pushing back; the penalties for non-compliance are significant.

This guide is general information for Texas residents and JBSA military families, not legal advice. Statutes change and every situation is different — for advice on a specific lease or dispute, talk to a licensed Texas attorney or your installation's legal assistance office.