Rent Increases in Texas: What Are My Rights?

How much notice you get

1. 1

   If you signed a lease for a set term, such as 1 year, the rent stays the same until that term ends. Your landlord cannot raise it in the middle of the term unless you agree. Your landlord cannot make you sign a change to the lease.

   Sources:

   1. When can a landlord change the lease?, Texas State Law Library. A government guide.
   2. Can my landlord amend my lease?, TexasLawHelp.org. A nonprofit group.
2. 2

   If you rent month to month, your landlord can raise the rent with notice. Texas law does not set a separate notice period for a rent increase. Instead, Property Code § 91.001 says a month-to-month rental ends at least 1 month after notice is given. Legal aid guidance reads this as 30 days' notice before a rent change takes effect. The clock starts the day you get the notice.

   Sources:

   1. Can my landlord amend my lease?, TexasLawHelp.org. A nonprofit group.
   2. Property Code § 91.001(b), Texas Property Code. Law.
3. 3

   Read your lease before you count on 1 month's notice. Property Code § 91.001 lets a landlord and tenant sign an agreement with a different notice period, or with no notice at all. If your lease sets a shorter period, that shorter period applies.

   Source:

   1. Property Code § 91.001(e), Texas Property Code. Law.

Check the new rent

4. 4

   No Texas law limits how much your landlord can raise the rent when your lease ends. The landlord can ask for any amount.

   Sources:

   1. Rent Increases, Texas State Law Library. A government guide.
   2. Myths About Leasing, TexasLawHelp.org (Austin Tenants Council). A nonprofit group.
5. 5

   Texas cities cannot pass their own rent control. Local Government Code § 214.902 allows a city rent control ordinance only after a declared disaster. The city must find a housing emergency, and the governor must approve. So your city's rules will not cap your rent. Some cities have their own renter guides for other topics, so check local governance.

   Sources:

   1. Rent Increases, Texas State Law Library. A government guide.
   2. Can my landlord raise my rent?, Texas State Law Library. A government guide.
6. 6

   You may live in public housing, or use a Section 8 voucher (housing help that pays part of your rent). Either way, your share of rent is set by your income, not by the market. In public housing, rent is based on your household's yearly income minus certain amounts the program lets you take off. With this help, your family pays 30% of adjusted monthly income for rent and utilities (water, electric, gas), and the housing authority pays the rest. For example, 30% of $2,000 adjusted monthly income is $600. If your landlord raises the rent, tell your housing authority before you pay more.

   Sources:

   1. How is rent determined?, U.S. Department of Housing and Urban Development. A government guide.
   2. How is the rent amount determined, and how much will I pay?, TexasLawHelp.org. A nonprofit group.
   3. Section 8 Housing Choice Voucher Program, Texas State Law Library. A government guide.

If the increase is not allowed

7. 7

   When your lease term ends, your landlord does not need a reason to offer a higher rent or to not renew. You can try to negotiate a lower amount. If the landlord says no, you must pay the new rent or move out when the lease ends. This does not apply in low-income housing tax credit buildings. There, the landlord needs good cause (a valid reason) to end your lease.

   Sources:

   1. Myths About Terminating a Lease, TexasLawHelp.org (Austin Tenants Council). A nonprofit group.
   2. Can my landlord raise my rent?, Texas State Law Library. A government guide.
8. 8

   Your landlord may not raise your rent as punishment. Property Code § 92.331 protects you for 6 months after you take a protected action. Protected actions include asking for repairs in good faith. They also include a good-faith complaint to a government agency or utility (water, electric, gas) about a code or utility problem. Joining a tenant group is protected too. During those 6 months, a rent increase, ending your lease, or an eviction because of your action counts as retaliation (punishment for using your rights). The 6 months start on the day you take the action.

   Sources:

   1. Retaliation, Texas State Law Library. A government guide.
   2. If You Have Problems, Office of the Texas Attorney General. A government guide.
   3. Property Code § 92.331(a), Texas Legislature. Law.
9. 9

   Not every increase in those 6 months is retaliation. Your landlord can defend an increase by showing it was not a punishment. An increase that applies to every unit in the building is the main example. An increase your lease already allows is another. The landlord has to prove this in court.

   Source:

   1. Are there any exceptions to the six-month protection period?, TexasLawHelp.org. A nonprofit group.
10. 10

    If you think the increase is retaliation, build a paper trail. First, keep a dated copy of any repair requests or complaints. Then keep the rent increase notice and note the date you got it. After that, send your landlord a dated letter asking them to withdraw the increase.

    Source:

    1. What can I do if my landlord retaliates against me?, TexasLawHelp.org. A nonprofit group.
11. 11

    If the letter does not work, you can sue in justice court (the local small claims court) for retaliation. You can ask for a penalty of 1 month's rent plus $500. You can also ask for actual losses, moving costs, court costs, and lawyer fees. With $1,000 rent, the penalty is $1,500. The court subtracts any rent you still owe. You get this money only if you win your case and your landlord pays. Justice court handles claims up to $20,000, and TexasLawHelp has a free petition form.

    Sources:

    1. Our editorial rules.
    2. Retaliation, Texas State Law Library. A government guide.
    3. Lawsuit Petition for Retaliation, instructions, TexasLawHelp.org. A nonprofit group.
12. 12

    Only claim retaliation for a real problem. If you file a lawsuit about a housing code problem, and you know it is false, that has a cost. Property Code § 92.334 lets your landlord evict you. Your landlord can also collect 1 month's rent plus $500 from you, plus court costs and lawyer fees. If an inspector finds no problem, a court may treat that as proof you acted in bad faith.

    Source:

    1. Can I get in trouble for false complaints against my landlord?, TexasLawHelp.org. A nonprofit group.
13. 13

    If you stay past the notice period and do not pay the new rent, your landlord cannot lock you out or remove your things. Under Property Code § 24.005, the landlord must first give you a written notice to vacate (a letter saying you must move out). That notice must give at least 3 days, unless your lease sets a different period. Then the landlord must file an eviction case in justice court and win before a constable can remove you.

    Sources:

    1. Property Code § 24.005(a), Texas Legislature. Law.
    2. Myths About Eviction, TexasLawHelp.org (Austin Tenants Council). A nonprofit group.