Thursday May 15, 2025
What is Texas property management?
Texas property management is the professional oversight of residential or commercial properties on behalf of the owner or association. It typically includes managing day-to-day operations, leasing, maintenance, budgeting, vendor coordination, resident communication, and compliance with state and local regulations.
At FirstService Residential, we work alongside boards and property owners in Texas communities across Dallas, Austin, Houston, Fort Worth, and beyond to simplify every aspect of management, from daily operations to long-term planning.This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
Texas property manager requirements
To become a property manager in Texas, you may need a license issued by the Texas Real Estate Commission (TREC). Under Texas property management laws, handling leasing, rent collection, or other brokerage‑level operations on behalf of someone else typically requires an active license. However, onsite apartment managers and employees of an owner or association who do not perform brokerage services may be exempt.TREC has the authority to issue penalties, including fines or license suspensions, for anyone operating outside the scope of these legal requirements, so it’s important to have a clear understanding of how these laws apply to your specific situation.
FirstService Residential’s licensed Texas property managers are supported by in-house experts who understand the complexities of Texas laws and support compliance for our clients every step of the way.
Tenant rights in Texas
Tenants in Texas are entitled to a safe and livable home under Chapter 92 of the Texas Property Code. This may include functioning water, heating or cooling equipment (if provided as part of the lease), smoke detectors, locks, and structural soundness.Texas property management laws require landlords or managers to make necessary repairs within a reasonable timeframe once a request is submitted. If a repair isn’t made, tenants may be able to exercise remedies such as using the repair and deduct option or terminating the lease, depending on the circumstances and compliance with proper procedures.
Tenants are also protected against retaliation and illegal eviction. Landlords must follow lawful eviction procedures, including providing proper notice and obtaining a court judgment before removing a tenant from the property. Boards and owners should always consult qualified legal counsel before beginning eviction procedures.
Fair housing regulations
Fair housing in Texas is governed by both federal and state law. The Texas Fair Housing Act aligns closely with the federal Fair Housing Act and prohibits discrimination based on protected classes such as race, religion, sex, national origin, familial status, and disability.Under Texas property management laws, discriminatory practices in advertising, tenant screening, lease negotiations, or service provisions can lead to serious legal consequences. Property managers must apply rules consistently and document decisions that relate to tenant applications or lease terms. Reasonable accommodations for disabilities must also be considered when requested.
Common Texas HOA/COA laws
Texas homeowners associations (HOAs) and condo associations (COAs) are regulated primarily by the Texas Property Code:- Texas Residential Property Owners Protection Act (Chapter 209): This law regulates HOAs in single-family communities, requiring open board meetings, advance notice for rule changes, and access to records. It also provides due process protections before fines or suspension of rights and limits how and when an HOA can pursue foreclosure.
- Texas Uniform Condominium Act (Chapter 82): Chapter 82 governs how condos formed on or after January 1, 1994 are managed and dissolved. It outlines the rights and responsibilities of unit owners, developers (declarants), and condo boards, covering everything from maintenance obligations to voting, insurance, and assessments. It also protects buyers through resale disclosure requirements and gives owners a voice in how the community is run.
Common Texas HOA/COA rules
HOA and COA rules in Texas are generally designed to protect property values and promote orderly community living. While these rules vary by association, common categories include:- Architectural restrictions: Requirements for exterior modifications, paint colors, or landscaping.
- Amenity use: Guidelines for pools, fitness centers, or clubhouses.
- Parking regulations: Assigned spots, guest permits, or street parking limitations.
- Pet rules: Breed restrictions, pet waste responsibilities, and leash requirements.
Lease and deposit regulations
Leases should include clear terms for rent, duration, occupancy limits, deposits, and responsibilities. Typically, security deposits must be returned within 30 days after a tenant moves out and provides a written forwarding address. Failure to return a deposit within the prescribed timeframe can result in penalties and court-ordered damages.Late fees, renewal notices, and automatic lease renewals must also comply with Texas Property Code requirements. Any fee charged must be disclosed in the lease and considered reasonable.
Eviction and legal proceedings
Evictions in Texas must follow the judicial process. Property managers may have the authority to issue a Notice to Vacate for lease violations or non-payment, generally providing at least three days unless the lease states otherwise. If the tenant fails to vacate, the manager typically must file an eviction suit. Self-help evictions, such as changing locks or removing belongings without a court order, are usually considered illegal under Texas property management laws and can expose landlords to liability.Recent legislative changes
Several recent updates to the Texas Property Code have significantly impacted property management practices:- Senate Bill 1414 (2019): Amended Texas Property Code §92.019 to cap most late fees at 12 percent of monthly rent for properties with four or fewer units and 10 percent of monthly rent for properties with five or more units.
- House Bill 614 (2023): Created Texas Property Code §209.0061, requiring many HOAs to adopt, record, and distribute a transparent fine‑enforcement policy that lists violation categories, a schedule of fines, and information on hearing procedures.
- House Bill 1193 (2023): Created Texas Property Code §202.024, prohibiting associations from discriminating against tenants based on their lawful method of payment, including Housing Choice (Section 8) vouchers.