Texas rent increase law

No section of Property Code chapters 91 or 92 sets a notice period or a limit for rent increases, so the lease governs the rent for its term.

Tex. Prop. Code ch. 91 Tex. Prop. Code ch. 92

• A landlord may not raise the rent to retaliate within six months after a tenant's protected action, such as a good-faith repair request or a complaint to a code agency. Tex. Prop. Code § 92.331
• If, at lease signing or renewal, a tenant gives written notice that the rental is not their primary residence, requests notices at their primary residence and supplies that address, mail end-of-term rent-increase notices there. Section 92.012 does not apply when notice is actually hand delivered to and received by a person occupying the rental. Tex. Prop. Code § 92.012
• Either party may end a month-to-month tenancy by notice. Tex. Prop. Code § 91.001 See Ending a month-to-month tenancy on the Texas page
• Cities may adopt rent control only under narrow emergency conditions. Tex. Loc. Gov't Code § 214.902 See Rent control and local rules on the Texas page
• For that primary-residence notice, regular United States mail is allowed and the notice counts as given on its postmark date. The tenant must report a change of primary-residence address in writing; an oral update is insufficient. With multiple tenants, the section does not require notices to the primary residence of more than one. These rules do not create a general three-day mailing extension or a separate rent-increase notice period. Tex. Prop. Code § 92.012

A Texas city may adopt rent control only after finding a housing emergency caused by a disaster, and only with the governor's approval. A city or county may not regulate conduct in a field the Property Code occupies unless another statute expressly authorizes it, and that expressly includes evictions and notices to vacate. Cities and counties also may not bar landlords from turning down tenants who would pay rent partly with federal housing assistance, except to protect military veterans.

Tex. Loc. Gov't Code § 214.902 Tex. Prop. Code § 1.004 Tex. Loc. Gov't Code § 250.007

• Some local rules survive by statute: fire, building and housing codes on smoke alarms, ordinances adding enforcement to the ownership disclosure rules, certain pre-1993 security device ordinances and pre-2008 emergency-number ordinances. Tex. Prop. Code § 92.252 Tex. Prop. Code § 92.208 Tex. Prop. Code § 92.170 Tex. Prop. Code § 92.020(c)
• Voluntary local programs that encourage voucher acceptance remain allowed. Tex. Loc. Gov't Code § 250.007(c)
• Cities may adopt fair housing ordinances substantially equivalent to federal law. Tex. Loc. Gov't Code § 214.903

For six months after a tenant in good faith uses a legal right or remedy, gives a repair notice, complains to a code agency, utility or civic group about a code violation or utility problem, or joins a tenant organization, a landlord may not retaliate. Barred retaliation includes filing an eviction, depriving the tenant of the unit, cutting services, raising the rent, ending the lease, or a bad-faith course of conduct that materially interferes with the lease.

Tex. Prop. Code § 92.331 Tex. Prop. Code § 92.332 Tex. Prop. Code § 92.333 Tex. Prop. Code § 92.335 Tex. Prop. Code § 92.015

• Not retaliation: evicting or ending the lease of a tenant who was behind on rent when you gave notice or filed, whose household or guests intentionally damaged property or threatened someone's safety, who materially breached the lease, or who held over in the situations 92.332 lists. Tex. Prop. Code § 92.332
• A landlord is not liable if it proves the action was not taken to retaliate. Rent increases under a written escalation clause for utilities, taxes or insurance, and rent increases or service reductions across a whole project, are not retaliation unless they violate a prior repair order under 92.0563. Tex. Prop. Code § 92.332(a)
• A retaliating landlord owes a civil penalty of one month's rent plus $500, actual damages, court costs and attorney's fees, less rent owed; a tenant who sues in bad faith faces the same civil penalty. Tex. Prop. Code § 92.333 Tex. Prop. Code § 92.334
• Retaliation is a defense in an eviction suit. Tex. Prop. Code § 92.335
• A landlord may not bar or penalize a tenant for calling police or emergency help based on a reasonable belief that someone needs it. Tex. Prop. Code § 92.015