8.3 Texas Property and Landlord-Tenant Law
Key Takeaways
- Texas homestead protection (Property Code Ch. 41) shields up to 10 contiguous urban acres or 200 rural acres (100 for a single adult) from most creditors
- Texas is a community property state: property acquired during marriage is presumed owned equally by both spouses, which affects who must sign to convey
- A landlord must refund a security deposit within 30 days after the tenant surrenders the premises AND provides a written forwarding address (Property Code §92.103)
- A landlord who withholds a deposit in bad faith is liable for $100, three times the wrongfully withheld amount, and the tenant's attorney's fees (§92.109)
- Texas eviction begins with a written 3-day notice to vacate (unless the lease states otherwise), then a forcible-detainer suit in justice court (Property Code Ch. 24)
Texas Homestead Protection
Texas has among the strongest homestead protections in the nation (Texas Constitution Art. XVI and Property Code Chapter 41). A homestead is the owner's primary residence, and the protection has two distinct effects tested on the exam.
Creditor Protection (Exemption)
A properly claimed homestead is exempt from forced sale by most creditors. The exemption is measured by acreage, not dollar value:
| Homestead Type | Maximum Protected Acreage |
|---|---|
| Urban (in city limits) | 10 acres, contiguous |
| Rural – family | 200 acres |
| Rural – single adult | 100 acres |
Exceptions — creditors who CAN force a sale despite homestead status:
- Purchase-money mortgage (the loan to buy the home)
- Property taxes and ad valorem liens
- Mechanic's/contractor's liens (with proper written contract)
- Home equity loans and HELOCs (subject to constitutional limits)
- Owelty of partition (e.g., a divorce buyout lien)
Marital Homestead Signature Rule
Because the homestead is constitutionally protected, both spouses must sign to sell or mortgage the homestead—even if only one spouse's name is on the title. An agent who lists a married seller's homestead must obtain the non-owner spouse's signature, or the conveyance is defective.
Exam Tip: Homestead protection is automatic for the residence, but the property-tax homestead exemption (which lowers the taxable value) must be applied for with the county appraisal district.
Community Property
Texas is one of nine community property states. The default ownership rules between spouses strongly affect conveyancing.
| Property Class | Definition |
|---|---|
| Community property | Property acquired by either spouse during the marriage (presumed equally owned) |
| Separate property | Property owned before marriage, or acquired during marriage by gift, devise, or inheritance |
Key consequences:
- Property acquired during marriage is presumed community; the spouse claiming it is separate bears the burden of proof.
- To convey community real property, both spouses generally must join in the deed.
- At death, a spouse can will away their one-half of the community plus all of their separate property.
Water and Mineral Rights in Texas
Mineral Rights
Texas recognizes a severed mineral estate: the surface and the minerals (oil, gas) can be owned by different parties, and the mineral estate is dominant—the mineral owner has the implied right to use the surface to extract minerals. Sellers frequently reserve minerals using the TREC Addendum for Reservation of Oil, Gas, and Other Minerals (44-3). Buyers should be told whether minerals convey.
Water Rights
Texas treats surface water and groundwater differently:
| Resource | Rule |
|---|---|
| Surface water (rivers, streams) | Owned by the state; used under a prior-appropriation permit system |
| Groundwater | Governed by the rule of capture—the landowner generally owns groundwater beneath the tract and may pump it, subject to local groundwater-district regulation |
The newest One to Four Family contract (20-18) added express language addressing groundwater and surface-water rights so the parties clarify what conveys.
Texas Landlord-Tenant Law (Property Code Chapter 92)
Residential leasing is governed by Property Code Chapter 92. Agents who handle leases or property management must know these rules cold.
Security Deposits (§§92.101-92.109)
| Rule | Requirement |
|---|---|
| Refund deadline | Within 30 days after the tenant surrenders the premises |
| Trigger | The 30 days does not start until the tenant gives a written forwarding address |
| Itemization | If any amount is withheld, the landlord must give a written description and itemized list of deductions |
| Normal wear and tear | Landlord may NOT deduct for ordinary wear and tear |
| Bad-faith retention | Landlord liable for $100 + three times the wrongfully withheld portion + attorney's fees (§92.109) |
Required Lease Provisions and Landlord Duties
- Repairs: The landlord must make a diligent effort to repair conditions that materially affect health or safety after proper written notice (§92.052).
- Security devices: The landlord must install and rekey certain locks, keyed deadbolts, and window latches (§§92.151+).
- Smoke alarms: Required by statute; the landlord must install and maintain them.
- Late fees: Must be reasonable and disclosed in the lease.
Eviction (Forcible Detainer — Property Code Chapter 24)
Texas has a fast, court-only eviction process; self-help (changing locks, removing belongings, shutting off utilities) is generally illegal.
| Step | Detail |
|---|---|
| 1. Notice to vacate | Written 3-day notice (unless the lease specifies a different period) |
| 2. File suit | Landlord files a forcible-detainer suit in justice (JP) court |
| 3. Hearing | Typically set 10-21 days after filing |
| 4. Judgment | If landlord prevails, court issues judgment for possession |
| 5. Writ of possession | Issued no sooner than 6 days after judgment; constable removes the tenant |
Exam Trap: A landlord can never use "self-help" eviction. Shutting off utilities or locking out a tenant to force them out exposes the landlord to statutory penalties—the only lawful route is the Chapter 24 court process.
Texas Property Tax Basics
Texas has no state income tax, so local property (ad valorem) taxes fund schools and local government. Key points: county appraisal districts set values annually; owners may protest valuations to the Appraisal Review Board; the homestead exemption reduces the taxable value of a primary residence and caps annual appraised-value increases for that homestead at 10%; and unpaid property taxes create a superior lien that can override even a homestead's protection.
A tenant moves out of a Texas rental and on the same day gives the landlord a written forwarding address. By when must the landlord refund the security deposit or provide an itemized list of deductions?
A married couple owns their Texas homestead, but only the husband appears on the deed. To sell the home, whose signature is required on the deed?
A Texas landlord is frustrated with a non-paying tenant and changes the locks and shuts off the electricity to force the tenant out. Is this proper?
Under the Texas rule of capture, who generally owns the groundwater beneath a privately owned tract of land?
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