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Dallas Landlord-Tenant Laws: Complete Guide for Property Owners

Dallas Landlord-Tenant Laws: Complete Guide for Property Owners

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Dallas Landlord-Tenant Laws govern the relationship between landlords and tenants in the city of Dallas, Texas. Every landlord should be familiar with these laws to ensure they conduct their rental business fairly and legally. 

This guide covers everything Dallas landlords need to know about security deposits, evictions, repairs, rent collection, and lease requirements. You'll learn the specific timelines, notice requirements, and procedures that keep you compliant with the Texas Property Code and Dallas city ordinances. Evernest manages thousands of rental properties across Texas, including hundreds in the Dallas-Fort Worth area. Our local team handles these compliance issues daily. Here, we draw on that hands-on experience from dealing with Dallas courts, code enforcement, and the practical realities of managing rental properties in this market.

Texas Property Code for Dallas Landlords

Texas landlord-tenant law lives primarily in the Texas Property Code, Chapter 92. This is the rulebook for residential rentals across the state, including Dallas. The Property Code covers security deposits, habitability standards, eviction procedures, lease requirements, and landlord liability.

Dallas operates under these state laws, but the city adds its own requirements for rental registration, property inspections, and safety standards. You need to follow both sets of rules.

The Texas Property Code assumes landlords and tenants have a lease agreement. While oral leases are legal in Texas for terms of one year or less, written leases provide better protection. A written lease clearly documents the terms you both agreed to, which matters when disputes arise.

Dallas landlords also need to follow federal Fair Housing laws prohibiting discrimination based on race, color, religion, sex, national origin, familial status, and disability. The Americans with Disabilities Act requires reasonable accommodations for tenants with disabilities. Violating Fair Housing laws brings federal penalties, lawsuits, and fines that can reach tens of thousands of dollars.

Dallas Security Deposit Laws: What You Can Charge and When to Return It

Security deposits protect you from tenant damage and unpaid rent. Texas law doesn't cap security deposit amounts, so you can charge whatever the market will bear. Most Dallas landlords charge one month's rent, but you could charge more for properties with higher risk or luxury features.

The real restrictions come when you return the deposit.

The 30-Day Return Rule

You have 30 days from the date your tenant moves out to either return their security deposit or send an itemized list of deductions. This timeline is strict. Miss it, and you could owe the tenant their full deposit plus penalties.

The clock starts when the tenant surrenders possession and provides you with a forwarding address. If they don't give you a forwarding address, you're not required to return anything until they do. Send the refund or itemization to whatever address they provide.

What You Can Deduct

You can deduct for unpaid rent, damage beyond normal wear and tear, and costs to return the property to its original condition. You cannot deduct for normal wear and tear.

Normal wear and tear includes faded paint, worn carpet in high-traffic areas, small nail holes from hanging pictures, and minor scuffs on walls. Damage includes large holes in walls, carpet stains or burns, broken fixtures, and missing appliances.

The line between wear and tear and damage isn't always clear. Courts generally ask whether the damage resulted from the tenant's negligence or misuse, or whether it's the natural result of living in the property for the lease term.

Itemization Requirements

If you're keeping any portion of the deposit, your itemization must list each deduction with a description and dollar amount. Include receipts or invoices for repair work when possible. Generic descriptions like "cleaning" or "damages" won't hold up if the tenant challenges your deductions.

Your itemization should look like this:

  • Carpet cleaning (living room, bedrooms): $250 (invoice attached) 
  • Repair hole in bedroom wall: $175 (invoice attached) 
  • Replace broken bathroom mirror: $85 (receipt attached) 
  • Unpaid water bill: $67 • Total deductions: $577

If deductions exceed the deposit, you can sue the tenant for the difference in small claims court. Most landlords only pursue this for significant amounts because filing and winning a judgment takes time and money.

Penalties for Wrongful Withholding

Keep a security deposit you're not entitled to, and you face penalties. If a tenant sues and wins, you could owe them three times the wrongfully withheld amount plus $100 and their attorney fees. A $1,000 deposit wrongfully kept could cost you $3,100 plus legal fees.

This penalty applies when you act in bad faith. Honest mistakes about what counts as damage usually don't trigger triple damages. Keeping deposits as punishment or because you don't like the tenant definitely does.

Required Disclosures for Dallas Rental Properties

Texas law requires specific disclosures when renting residential property in Dallas. Make these disclosures in writing before the tenant signs the lease. Missing required disclosures can void lease provisions or expose you to liability. Below are the main types of disclosures required for Dallas rental properties.

Security Device Disclosure

You must provide new tenants with information about security devices on the property. This includes door locks, window latches, security bars, and alarm systems. The disclosure tells tenants what security features exist and who's responsible for maintaining them.

You must also re-key or change security devices when a new tenant moves in, unless the previous tenant returned all keys and you know no unauthorized copies exist.

Landlord and Property Owner Information

Your lease must include the name and address of the property owner or the owner's agent who manages the property. Tenants need to know who to contact and where to send legal notices.

If you use a property manager, include their contact information. If you're the owner and manager, include your information. This disclosure ensures tenants can reach the right person when issues arise.

Lead-Based Paint Disclosure

Properties built before 1978 require a lead-based paint disclosure under federal law. You must provide tenants with an EPA-approved pamphlet about lead paint hazards, disclose any known lead paint in the property, and include specific warning language in the lease.

This is a federal requirement that applies to all Dallas properties built before 1978, even if you're not aware of any lead paint. The disclosure protects tenants with young children from lead exposure.

Smoking Policy

If you prohibit or restrict smoking, your lease must clearly state the policy. You can designate the entire property as non-smoking, allow smoking in specific areas, or permit smoking everywhere. Whatever you choose, document it in the lease.

Dallas doesn't require smoke-free policies, but many landlords adopt them to reduce fire risk, maintenance costs, and complaints from non-smoking tenants.

Previous Deaths or Crimes

Texas law doesn't require you to disclose deaths or crimes that occurred in the rental property. You only need to disclose if the tenant specifically asks in writing and the death or crime occurred within the past three years.

This protects landlords from having to volunteer information about suicides, murders, or other events that might affect a property's marketability without providing material value to tenants.

Landlord Entry Rules in Dallas: Notice and Access Rights

You own the property, but your tenant has a right to privacy. Texas law doesn't specify how much notice you must give before entering a rental property. Your lease determines your entry rights.

Most Dallas landlords include a clause allowing entry with 24 hours' notice for inspections, repairs, and showings to prospective tenants or buyers. Some leases require more notice. Some require less. Whatever your lease says, follow it.

Non-Emergency Entry

For routine matters like inspections, repairs, or showing the property, provide reasonable advance notice. Twenty-four hours is standard and considered reasonable in most situations. Calling the morning of the same day and demanding entry probably isn't reasonable.

Provide notice in whatever form your lease requires. Some leases allow verbal notice. Others require written notice. Email or text often works if your lease doesn't specify a method.

Enter during reasonable hours. Showing up at 10 pm for a routine inspection violates your tenant's right to quiet enjoyment, even if you gave proper notice.

Emergency Entry

Emergencies are different. If you have reason to believe an emergency exists, you can enter without notice. Emergencies include fire, gas leaks, burst pipes, evidence of criminal activity, or situations where someone's safety is at risk.

The keyword is "reasonable belief." You can't manufacture emergencies to justify entry. If a tenant reports a gas smell, that's an emergency. If you're curious whether they're following your no-pet policy, that's not.

Document emergency entries. Note the date, time, reason for entry, and what you found. This protects you if the tenant later claims you violated their privacy.

Showing to Prospective Tenants

When the lease is ending, and you're looking for a new tenant, you can show the property to prospects. Your lease should allow this with reasonable notice. Most leases let landlords show properties during the final 30 days of the lease term.

Coordinate with your current tenant on showing times when possible. Barging in constantly disrupts their life and could constitute harassment even if you're technically following the lease.

Consequences of Illegal Entry

Enter without proper notice (except in emergencies), and your tenant can sue you. They can seek actual damages for any harm caused by the entry, plus potentially one month's rent or $500 (whichever is greater) as a civil penalty, and attorney fees.

Repeated illegal entries could also constitute harassment, giving the tenant grounds to break the lease and move out without penalty.

Repair and Maintenance Obligations in Dallas

You're required to maintain rental properties in a habitable condition. Texas Property Code Section 92.052 spells out your duties and gives tenants remedies when you fail to make repairs.

What You Must Repair

You must make a diligent effort to repair or remedy conditions that materially affect the physical health or safety of an ordinary tenant. This includes:

  • Maintaining the roof, walls, floors, and foundation to keep out the weather
  • Providing working plumbing and sewage systems
  • Supplying hot water at a minimum of 120 degrees Fahrenheit 
  • Providing functioning heating and air conditioning systems 
  • Maintaining electrical systems in safe working order 
  • Keeping common areas reasonably safe and clean 
  • Providing and maintaining the required smoke detectors and carbon monoxide detectors 
  • Fixing sewage backups and flooding from broken pipes 
  • Supplying potable drinking water

You're also responsible for complying with applicable building and housing codes related to health and safety.

How Tenants Request Repairs

Tenants must notify you in writing about needed repairs. The notice should describe the problem and where it's located. Tenants can send the notice by mail, hand delivery, fax, or email if your lease allows electronic communication.

You're only obligated to make repairs if the tenant is current on rent when they submit the repair request. If they owe back rent, you can wait to make non-emergency repairs until they catch up.

Your Repair Timeline

You must make a "diligent effort" to complete repairs within a reasonable time. Texas law doesn't define "reasonable time" precisely because it depends on the repair's urgency and complexity.

For serious issues affecting health and safety, a few days is generally reasonable. For less urgent repairs, you have more time. Fixing a broken air conditioner in July is more urgent than repairing a cosmetic issue with the kitchen backsplash.

The seven-day rule matters for tenant remedies. If you haven't made a diligent effort to repair within seven days of receiving notice, the tenant gains specific legal remedies.

Tenant Remedies for Unrepaired Issues

When you fail to make repairs after proper notice, tenants in Texas can:

Terminate the lease. After seven days without a diligent repair effort, the tenant can give you written notice that they're ending the lease. They can move out and owe no further rent. You must refund their security deposit and any rent paid for the time after they vacate.

Repair and deduct. For certain serious issues, tenants can hire contractors to make repairs and deduct the cost from rent. The deduction can't exceed one month's rent or $500, whichever is greater. This remedy requires specific procedures, including having a city inspector notify you in writing that the condition affects health or safety.

Sue for damages. Tenants can sue you in justice court for a court order directing repairs, a reduction in rent until repairs are made, one month's rent plus $500 as a civil penalty, actual damages, and attorney fees if they hire a lawyer.

These remedies are why responding quickly to repair requests matters. Ignoring maintenance issues doesn't just frustrate tenants. It gives them legal weapons to use against you.

Rent Collection and Late Fees in Dallas

You have the right to collect rent according to your lease terms. Your lease specifies when rent is due, where to pay it, and what happens if it's late.

Setting Due Dates and Grace Periods

Most Dallas leases require rent on the first of each month. You can choose a different due date if you prefer. The lease controls.

Texas law doesn't require grace periods for late rent. If your lease says rent is due on the first with no grace period, you can charge late fees starting on the second. Most landlords provide a 3-5 day grace period as a courtesy and to reduce tenant friction.

Whatever your grace period, document it clearly in the lease. Don't tell one tenant they have until the 5th while enforcing the 1st deadline with another tenant. Inconsistent enforcement creates Fair Housing problems.

Late Fee Limitations

Texas doesn't cap late fees for residential leases. You can charge whatever your lease says, though unreasonably high fees might not hold up if challenged in court.

Most Dallas landlords charge $50-$100 flat fees or 5-10% of monthly rent as late fees. These amounts are clearly reasonable. Charging a $500 late fee on a $1,000 monthly rent probably isn't.

You can also charge daily late fees that accrue after the initial late fee. Many leases include language like "$50 initial late fee, plus $10 per day until rent is paid in full."

Accepting Partial Payments

You're not required to accept partial rent payments. If the tenant owes $1,500 and offers $800, you can refuse it and proceed with eviction.

Many landlords accept partial payments early in the month but stop accepting them once they decide to evict. Accepting partial payment after you've given notice to vacate can restart the notice period or waive your right to evict for that month's non-payment.

If you accept a partial payment, document what period it covers and make clear that accepting partial payment doesn't waive your right to collect the full amount owed or pursue eviction.

Returned Check Fees

If a tenant pays rent with a check that bounces, you can charge a returned check fee. Texas law caps this fee at the greater of $30 or the amount charged by your bank.

You can also charge an additional fee of up to 3% of the check amount if the check was for $50-$500, 2% if it was over $500, or $15 if the check was under $50.

After a bounced check, you can require future payments in certified funds, cashier's checks, or money orders. Include this in your lease.

Lease Agreement Requirements in Texas

Your lease is the contract governing your relationship with your tenant. Texas law allows both written and oral leases, but written leases provide better protection.

Written vs. Oral Leases

Oral leases are legal in Texas for terms of one year or less. A handshake agreement to rent month-to-month is enforceable. So is a verbal agreement for a six-month lease.

Leases longer than one year must be in writing under the Texas Statute of Frauds. An oral agreement for an 18-month lease isn't enforceable.

Even for short-term rentals, written leases are smarter. They document the agreed-upon terms, rent amount, due date, tenant responsibilities, and landlord obligations. When disputes arise, the written lease determines whose right.

Required Lease Terms

Texas law doesn't mandate specific lease provisions, but certain disclosures must appear in writing (covered earlier). Your lease should include:

  • Names of all tenants and the landlord 
  • Property address 
  • Lease term (start and end dates) 
  • Rent amount and due date 
  • Security deposit amount 
  • Late fee policy 
  • Repair and maintenance responsibilities 
  • Entry notice requirements 
  • Pet policy 
  • Utilities (who pays what) 
  • Renewal and termination procedures

The more detailed your lease, the fewer disputes you'll face.

Prohibited Lease Provisions

Texas law prohibits certain lease provisions that are considered unconscionable or contrary to public policy. You cannot include lease terms that:

  • Waive the tenant's right to a jury trial 
  • Require the tenant to pay your attorney fees if they win a lawsuit against you (though you can require them to pay if you win) 
  • Allow you to confess judgment against the tenant without a hearing 
  • Waive landlord duties to maintain the property in habitable condition 
  • Authorize you to remove the tenant or their belongings without going through the eviction process

If your lease includes prohibited provisions, a court can void those sections or potentially the entire lease.

Fair Housing Compliance in Dallas

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, and disability. This law applies to all Dallas landlords, with very limited exceptions.

Protected Classes

You cannot refuse to rent, set different terms, or treat tenants differently based on:

Race or color. This includes discrimination based on skin color, ancestry, or ethnic characteristics.

Religion. You can't ask about religious beliefs or refuse to rent to someone because of their religion.

Sex. This includes gender identity and sexual orientation. You can't charge women higher rent than men or refuse to rent to same-sex couples.

National origin. You can't discriminate based on where someone was born or their citizenship status (though you can verify legal right to rent in the U.S.).

Familial status. You generally can't refuse to rent to families with children or charge them higher deposits. Limited exceptions exist for senior housing.

Disability. You must make reasonable accommodations for tenants with disabilities and allow reasonable modifications to the property at the tenant's expense.

Reasonable Accommodations

Reasonable accommodations are changes to rules, policies, or services that allow tenants with disabilities to fully use and enjoy their housing.

Examples include:

  • Waiving a no-pet policy to allow a service animal or an emotional support animal 
  • Assigning a parking space close to the unit for a tenant with mobility issues 
  • Allowing a tenant to pay rent through a representative if they have a cognitive disability 
  • Providing written notices in large print for a tenant with vision impairment

You must provide reasonable accommodations unless doing so creates an undue financial or administrative burden or fundamentally alters the nature of your business.

Reasonable Modifications

Reasonable modifications are physical changes to the property that tenants with disabilities may request. Examples include installing grab bars in bathrooms, widening doorways for wheelchairs, or adding a ramp.

You must allow reasonable modifications, but you can require:

  • The tenant is to pay for the modifications 
  • The tenant is to use licensed contractors 
  • The tenant is to restore the property to its original condition when they move out (for modifications that would interfere with the next tenant's use) 
  • The tenant is to provide proof that the work will be done professionally

You cannot charge higher security deposits for tenants with disabilities who request modifications.

Dallas-Specific Rental Property Regulations

Beyond Texas state law, Dallas has its own ordinances affecting rental properties.

Rental Registration Requirements

Dallas requires rental property owners to register with the city's Code Compliance department in certain situations. Single-family homes and duplexes generally don't require registration unless they're in specific overlay districts or have code violations.

Multifamily properties with three or more units must register. The city uses registration to track properties, send notices about code compliance issues, and monitor problem properties.

Check with Dallas Code Compliance to determine if your property requires registration. Failing to register when required can result in fines.

Property Inspection Programs

Dallas operates a complaint-based inspection system. If tenants report code violations or the city receives complaints about your property, code inspectors can inspect and cite you for violations.

Common violations include:

  • Broken or missing smoke detectors 
  • Inadequate security devices on doors and windows 
  • Exterior maintenance issues (peeling paint, broken fences, overgrown yards) 
  • Plumbing or electrical problems 
  • Structural damage 
  • Trash and debris accumulation

Fix code violations promptly. Ignoring citations leads to fines, legal action, and potentially being labeled a problem property by the city.

Smoke Detector and Carbon Monoxide Detector Requirements

Dallas requires working smoke detectors in all rental properties. You must install smoke detectors in each bedroom, outside each sleeping area, and on every level of the property.

Carbon monoxide detectors are required in properties with fossil fuel-burning appliances or attached garages. Install them in the same locations as smoke detectors.

You're responsible for providing and installing detectors. Tenants are responsible for replacing batteries and notifying you if detectors malfunction.

Test all detectors before new tenants move in and document the testing. This protects you if a tenant later claims the detectors didn't work.

Security Device Requirements

Texas Property Code Section 92.151-92.170 requires specific security devices on rental properties:

  • Deadbolts on all exterior doors 
  • Keyed locks on all exterior doors
  • Pin locks on sliding glass doors 
  • Window latches on all windows 
  • Door viewers (peepholes) on doors without windows 
  • Security bars on windows must have interior release mechanisms

Provide new tenants with written information about the installed security devices when they move in.

Handling Lease Terminations

Leases end in several ways. The process differs depending on whether the tenant, landlord, or both parties want to terminate.

End of Lease Term

When a fixed-term lease expires, the lease ends. If your lease is for one year ending December 31, the tenant must move out by December 31 unless you agree to extend or renew.

Many leases include automatic renewal provisions. These convert the lease to month-to-month after the fixed term expires if neither party gives notice. Read your lease carefully to know whether it automatically renews.

If the lease expires and the tenant stays without signing a new lease or renewal, they become a holdover tenant. You can either accept rent and treat them as month-to-month tenants or refuse rent and evict them for holding over.

Early Termination by Tenant

Tenants who want to break their lease early generally can't do so without penalty unless:

  • The lease includes an early termination clause allowing it 
  • You agree to let them out of the lease 
  • The property is uninhabitable and you failed to make the required repairs 
  • You violated the lease in a material way 
  • The tenant is active military and receives qualifying orders under the Servicemembers Civil Relief Act

If none of these apply, the tenant owes rent for the full lease term. You must make reasonable efforts to re-rent the property to mitigate your damages. If you find a new tenant quickly, the original tenant only owes rent until the new tenant moves in.

Many Dallas leases include early termination fees (typically 2-3 months' rent) that allow tenants to break the lease by paying the fee. This gives tenants an out while compensating you for lost rent and re-renting costs.

Early Termination by Landlord

You generally can't terminate a lease early unless:

  • The tenant violates the lease, and you evict them 
  • The lease includes language allowing you to terminate with notice 
  • You and the tenant agree to end the lease early

Trying to force out a tenant who's complying with the lease exposes you to a lawsuit for wrongful eviction. Many tenants will accept 1-2 months' rent to vacate early and save you the hassle of waiting out the lease term.

Month-to-Month Termination

For month-to-month leases, either party can terminate with proper notice. Texas law doesn't specify how much notice is required, so your lease controls.

Most month-to-month leases require 30 days' notice. Some require more. Check your lease.

The tenant must give written notice of their intent to vacate and the date they're leaving. You must give written notice if you want the tenant to leave by a certain date.

FAQs About Dallas Landlord-Tenant Law

How much security deposit can I charge in Dallas?

Texas law doesn't cap security deposits. You can charge whatever the market will bear. Most Dallas landlords charge one month's rent, but you can charge more for higher-risk situations or luxury properties.

How long do I have to return a security deposit in Dallas?

You have 30 days from the date the tenant moves out and provides a forwarding address. You must either return the full deposit or send an itemized list of deductions within that timeframe.

Do I need to give notice before entering my rental property?

Texas law doesn't specify required notice periods. Your lease controls. Most Dallas leases require 24 hours' notice for non-emergency entry. For emergencies like fires or burst pipes, you can enter immediately without notice.

Can I charge late fees in Dallas?

Yes. Texas doesn't cap late fees for residential leases. Your lease determines the late fee amount. Most Dallas landlords charge $50-$100 flat fees or 5-10% of monthly rent.

How long does an eviction take in Dallas?

The fastest possible eviction takes about 3-4 weeks from giving notice to vacate to physical removal by a constable. Delays happen when tenants contest the eviction or request continuances. Some evictions take 2 months or longer.

What repairs am I required to make?

You must make diligent efforts to repair conditions that materially affect the physical health or safety of ordinary tenants. This includes maintaining the structure, providing working plumbing and electrical systems, supplying hot water, and fixing sewage backups or flooding.

Can I refuse to rent to someone with a service animal in Dallas?

No. You must make reasonable accommodations for tenants with disabilities, including waiving no-pet policies for service animals and emotional support animals. Refusing a qualified service animal violates Fair Housing laws.

Can I require tenants to have renters' insurance in Dallas?

Yes. You can require tenants to carry renters' insurance as a lease condition. Many Dallas landlords require minimum coverage amounts like $100,000 liability protection.

What can I deduct from a security deposit?

You can deduct unpaid rent, damage beyond normal wear and tear, and costs to return the property to its original condition. You cannot deduct for normal wear and tear, like faded paint or worn carpet.

Do I need to register my rental property with Dallas?

Single-family homes and duplexes generally don't require registration unless they're in specific overlay districts. Multifamily properties with three or more units must register. Check with Dallas Code Compliance for your specific property.

Can I evict a tenant in Dallas for reporting code violations?

No. Evicting a tenant in retaliation for exercising legal rights, including reporting code violations, is illegal. You face liability for damages, attorney fees, and civil penalties if you retaliate.

Protect Your Investment Through Legal Compliance

Dallas landlord-tenant law gives you specific rights to collect rent, maintain your property, and remove tenants who violate their lease. It also imposes obligations to maintain habitable conditions, return security deposits properly, and follow eviction procedures.

Know the rules. Follow them. Document everything. These three practices prevent most landlord-tenant disputes and protect you when problems arise.

The laws seem complicated at first, but they're built on common sense principles. Treat tenants fairly. Maintain the property. Honor your agreements. Keep detailed records. Most legal issues landlords face result from ignoring these basics.

Professional property management helps Dallas landlords navigate these requirements while maximizing rental income and minimizing legal risk. Evernest's Dallas team knows local ordinances, state Property Code requirements, and federal Fair Housing laws. We handle security deposits, repair coordination, evictions, and lease enforcement while you focus on growing your investment portfolio.

Spencer Sutton
Director of Marketing
Spencer wakes up with marketing and lead generation on his mind. Early in his real estate career, he bought and sold over 150 houses in Birmingham, which has helped him craft Evernest marketing campaigns from a landlord’s perspective. He enjoys creating content that helps guide new and veteran investors through the complexities of the real estate market, helping them avoid some of the pitfalls he encountered. Spencer is also passionate about leadership development and co-hosts The Evernest Property Management Show with Matthew Whitaker. Spencer has traveled to some of the most remote parts of the world with a non-profit he founded, Neverthirst (India, Sudan, South Sudan, Nepal, Central African Republic, etc..), but mostly loves to hang out with his wife, kids, and the world’s best black lab, Jett. Hometown: Mtn. Brook, Alabama