Recent Legislative Changes and Effective Dates
Texas regularly updates its Property Code to reflect changing economic conditions, housing policy, and landlord–tenant trends. In 2024–2026, the Texas Legislature focused on clarifying security deposit handling, strengthening fair housing protections, and modernizing notice requirements for digital communication. Landlords must stay current with these changes because failure to comply with updated regulations can result in liability, tenant claims, and damaged reputation.
One significant update involves landlords' obligations to disclose leaks, mold, or previous property damage when offering a property for lease. While Texas does not require landlords to disclose minor cosmetic issues, material defects that affect habitability or safety must be disclosed in writing. Additionally, new guidance clarifies that digital delivery of notices (email, text) is permissible if the tenant consents, streamlining communication for modern property management.
Changes to Habitability Standards
Texas Property Code § 92.001 defines a 'dwelling' that must be habitable, and recent updates clarify the landlord's responsibility to maintain heating, cooling, and adequate utilities. The definition of 'repair' versus 'capital improvement' has been refined, affecting what deductions landlords can take from security deposits. For example, replacing a single-pane window with an energy-efficient model is now considered a capital improvement (not deductible from deposits), whereas fixing a broken windowpane is a repair (deductible).
Landlords must also maintain properties free from pest infestations, mold, and moisture intrusion. If a tenant reports these conditions in writing, you have a limited time to address them—failure to do so can trigger the tenant's right to repair-and-deduct or lease termination for breach of habitability. Staying proactive with regular inspections and maintenance prevents costly disputes.
Fair Housing Updates and Anti-Discrimination Guidance
The Fair Housing Act applies nationwide, but Texas has its own housing discrimination statutes that in some cases provide greater protection than federal law. Recent updates emphasize that discrimination based on disability includes failing to provide reasonable accommodations for emotional support animals, service animals, or mobility devices. Landlords must now document all accommodation requests in writing and maintain clear records of approval or denial with detailed reasoning.
Additionally, the Texas Commission on Human Rights (TCHR) has issued updated guidance on screening criteria that may have disparate impact on protected classes. Blanket policies—such as 'no criminal history' or 'credit score above 700'—may violate fair housing law if they disproportionately exclude certain racial or ethnic groups. Fair housing compliance requires individualized assessment and consideration of mitigating circumstances.
Digital Compliance and Record-Keeping Standards
Texas now recognizes that lease documents, notices, and disclosures delivered electronically are legally valid if the tenant consents. This modernization allows landlords to use digital platforms for lease signing, notice service, and communication. However, you must still maintain backup copies and preserve records for at least the duration of the tenancy plus any statutory period for potential disputes.
Roddy Real Estate Group recommends implementing a digital property management system that automatically logs notice delivery, tracks document version control, and maintains encrypted backups. Whether you handle records digitally or in paper form, consistency and completeness are essential. Keep dated records of all communications, maintenance requests, repairs completed, and payments received. In the event of a dispute, thorough documentation is your strongest defense.