Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.012
NOTICE TO TENANT AT PRIMARY RESIDENCE.
Operative Text
Sec. 92.012. NOTICE TO TENANT AT PRIMARY RESIDENCE. (a) If, at the time of signing a lease or lease renewal, a tenant gives written notice to the tenant's landlord that the tenant does not occupy the leased premises as a primary residence and requests in writing that the landlord send notices to the tenant at the tenant's primary residence and provides to the landlord the address of the tenant's primary residence, the landlord shall mail to the tenant's primary residence:(1) all notices of lease violations;(2) all notices of lease termination;(3) all notices of rental increases at the end of the lease term; and(4) all notices to vacate.(b) The tenant shall notify the landlord in writing of any change in the tenant's primary residence address. Oral notices of change are insufficient.(c) A notice to a tenant's primary residence under Subsection (a) may be sent by regular United States mail and shall be considered as having been given on the date of postmark of the notice.(d) If there is more than one tenant on a lease, the landlord is not required under this section to send notices to the primary residence of more than one tenant.(e) This section does not apply if notice is actually hand delivered to and received by a person occupying the leased premises. Added by Acts 1997, 75th Leg., ch. 1205, Sec. 10, eff. Sept. 1, 1997.
Texas Property Code § 92.012 establishes a mechanism by which a tenant who does not use a leased property as their primary residence can request that the landlord send certain official notices to their actual primary residence address. The notices covered include lease-violation notices, lease-termination notices, rent-increase notices, and notices to vacate. This arrangement is triggered only when the tenant makes the request in writing at the time of signing or renewing a lease and provides the primary residence address; the landlord is then obligated to mail those notices to that address. If the leased premises has multiple tenants, the landlord need only send notices to one tenant's primary residence, and the requirement does not apply when a notice is hand-delivered to someone actually occupying the leased property.
Plain English — not legal advice.
Under § 92.012, property owners and managers should establish a clear intake process at lease signing and renewal to capture any written requests from tenants who do not occupy the unit as their primary residence. When such a request is properly made and a primary residence address is provided, a compliant operator directs all lease-violation notices, termination notices, rent-increase notices, and vacate notices to that address via U.S. mail, treating the postmark date as the date of notice. Operators generally maintain records of the written request and any subsequent written address-change notifications from the tenant, since oral address changes are explicitly insufficient under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.012 of the Texas Property Code gives tenants who use a leased property for something other than their primary residence—such as a secondary or investment property—the right to have key landlord notices sent to wherever they actually live. To activate this protection, the request must be made in writing at the time of signing or renewing the lease, and the primary residence address must be provided in writing at that time; any later change of address must also be communicated in writing. Tenants who believe a landlord has failed to honor a properly made request under this section may wish to consult a tenant-rights organization or a licensed attorney familiar with Texas property law to understand what options may be available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
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