Rent increases in Texas

Texas has no statute on rent-increase notice. A landlord changes the rent in a month-to-month tenancy by giving the notice that ends the tenancy: at least one month (or one rent period if rent is paid more often than monthly). The statute counts from the day notice is given, does not require a rent-day end date, and does not say the notice must be written. A lease signed by both sides can set a different notice period. (Tex. Prop. Code § 91.001)

No separate rent-increase rule: the periods below are the notice to end a periodic tenancy.

Earliest date the new rent can start, with rent due on the 1st, worked out from the Texas rule above:

• For a month-to-month tenant of 1 year raising rent 5% or a month-to-month tenant of 3 years raising rent 12%: Wednesday, December 2, 2026
• For a week-to-week tenant raising rent 5%: Monday, November 9, 2026

No Texas statute addresses raising rent during a fixed-term lease.

A city may adopt rent control only if its governing body finds a housing emergency caused by a disaster and the governor approves the ordinance; it ends the way a state of disaster ends. (Tex. Loc. Gov't Code § 214.902)

For six months after a tenant in good faith uses a legal right, asks for repairs, complains to a code or utility agency, or joins a tenant organization, the landlord may not retaliate by raising the rent (or ending the lease, cutting services, or evicting). Not retaliation: an increase under a written lease escalation clause for utilities, taxes or insurance, or part of a building-wide pattern of increases. Remedy: a civil penalty of one month's rent plus $500, actual damages, court costs and attorney's fees. (Tex. Prop. Code §§ 92.331–92.333)

• TexasLawHelp (Austin Tenants Council): Texas has no rent control laws limiting the amount of rent increases.
• The one-month default notice does not apply if the landlord and tenant agreed in a signed document on a different notice period or that no notice is required (Tex. Prop. Code § 91.001(e)).

Security deposit

No statutory limit. Return deadline: 30 days after the tenant gives up the unit.

Tenant's notice to move out

1 month

Notice for unpaid rent

3 days (pay or move out)

How a written notice is delivered (eviction-notice rules)

The notice must be delivered by at least one of: mail (first class, registered, certified or a delivery service); delivery to the inside of the premises in a conspicuous place; hand delivery to any tenant 16 or older; or e-mail/electronic means if the parties agreed in writing. These method rules do not matter if the tenant actually receives the notice (Tex. Prop. Code § 24.005(f-3), (f-4)).

Notice for other lease violations

3 days (notice to vacate, no right to fix)

Small claims court limit

$20,000 — where most deposit and rent disputes are filed.

Repairs

Time to repair: 7 days (presumed reasonable). Repair and deduct: allowed with limits; withholding rent: not allowed.

Deposit kept wrongly

Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees (§ 92.109(a)). A landlord who in bad faith fails to itemize forfeits the right to withhold any of the deposit or sue for damage, and owes attorney's fees (§ 92.109(b)).

Lawful reasons to end a lease early

Domestic violence, sexual assault or stalking; Unit unlivable or landlord fails to repair; Landlord harassment or illegal entry; Other

• Tex. Prop. Code ch. 91 (§ 91.001) Retrieved October 15, 2026.
• Tex. Prop. Code ch. 92 (§§ 92.331–92.334) Retrieved October 15, 2026.
• Tex. Loc. Gov't Code ch. 214 (§ 214.902) Retrieved October 15, 2026.
• TexasLawHelp — The Myths of Renting in Texas Retrieved October 15, 2026.

Laws change. This page was checked against the sources above on October 15, 2026. It is legal information, not legal advice; for a dispute, contact your state's legal aid. See our methodology.