Challenging an Illegal Rent Increase as a Texas Renter

If you’re a renter in Texas and just received a notice that your rent is going up, you may be wondering if the increase is lawful — and what steps to take if it’s not. While Texas does not have statewide rent control, all rent increases must follow state law. This guide explains how to challenge an illegal rent increase in Texas and where you can turn for help.

What Is an Illegal Rent Increase in Texas?

Texas law does not limit how much a landlord can raise the rent in most cases. However, there are legal requirements landlords must meet for rent increases to be valid:

• Advance Notice: Landlords must provide advance written notice before increasing rent. Typically, this is 30 days for month-to-month tenants, unless your lease states otherwise.
• No Discrimination or Retaliation: Rent cannot be raised for discriminatory reasons (such as race, sex, disability) or in retaliation against a tenant exercising their rights (such as reporting code violations).
• Lease Agreements: If you have a fixed-term lease, the rent generally cannot be increased until the lease term ends, unless your lease includes a clause permitting increases.

For more details, review the Texas Property Code Chapter 92 – Residential Tenancies.¹

Steps to Challenge an Unlawful Rent Increase

If you believe your landlord has increased your rent illegally, you have options for challenging this action. Here are the steps you should consider:

1. Review Your Lease and Notice

• Check your lease for terms relating to rent increases.
• Verify if you received proper written notice and if the timing meets Texas requirements.
• Ensure there are no discriminatory or retaliatory motives documented.

2. Communicate in Writing With Your Landlord

• Draft a written letter to your landlord documenting your concerns about the rent increase, referencing your lease and Texas law.
• Keep copies of all communications for your records.

3. File a Housing Discrimination Complaint (If Applicable)

If you suspect the rent increase is based on discriminatory reasons (such as race, disability, or family status), you can file a complaint with the Texas Workforce Commission Civil Rights Division or the U.S. Department of Housing and Urban Development (HUD).

• Form Name: Texas Housing Discrimination Complaint Form
• When and How Used: If you believe your landlord increased your rent based on a protected characteristic, complete this form and submit it online, by mail, or in person to the Texas Workforce Commission.
• Submit a Housing Discrimination Complaint (Texas Workforce Commission)

4. Seek Mediation or Informal Dispute Resolution

• If written communication does not resolve the situation, many Texas cities offer local mediation services for landlords and tenants. This is a voluntary process that can help both parties reach an agreement.
• Contact your local city or county housing office to find programs near you.

5. Consider Legal Action in Justice Court

If negotiations fail and you believe the increase violates your rights (for example, it breaches your lease or was retaliatory), you may file a claim in your local Justice of the Peace Court (Texas’ small claims tenant-landlord court).

• Court Name: Texas Justice Court (Locate Your Local Justice Court)
• Example Form: Petition: Small Claims Case (Form J.P. Civ.1)
• When and How Used: Use this to formally dispute a rent increase or claim damages. Submit it at your local Justice Court. Instructions and the latest forms are available via your county’s justice court website and the Texas Courts Forms Directory.

In summary, keep documentation, act promptly, and seek outside help if you’re facing illegal rent increases in Texas. The sooner you act, the more options you have.

Frequently Asked Questions

1. Can my landlord raise my rent as much as they want in Texas?
   Generally, yes—if you are not under a lease, there is no statewide cap. However, landlords must provide proper notice and cannot raise rent for discriminatory or retaliatory reasons.
2. How much notice should I get for a rent increase?
   Most month-to-month renters must receive at least 30 days’ written notice, unless their lease says otherwise.
3. What if my lease doesn’t mention rent increases?
   If you have a fixed-term lease, your rent generally cannot be increased until the lease ends. For month-to-month tenancies, Texas law requires written notice.
4. Where do I file a complaint if I believe my rights have been violated?
   Discrimination complaints go to the Texas Workforce Commission or HUD. For lease violations, you can file in your county’s Justice of the Peace Court.
5. Are there any forms I need to challenge a rent increase?
   Yes. You may use the Texas Workforce Commission Housing Discrimination Complaint Form or the Small Claims Petition form for your Justice Court, depending on your issue.

Summary: Challenging a Rent Increase in Texas

• Review your lease and Texas law for rent increase rules
• Keep written records and communicate with your landlord
• Use official complaint forms and seek help from agencies if needed

Staying informed helps protect your rights and ensures any rent increases follow Texas law.

Need Help? Resources for Renters

• Texas Department of Housing & Community Affairs (TDHCA) — Housing assistance and renter resources
• Texas Workforce Commission Civil Rights Division — File housing discrimination or retaliation complaints
• Texas Justice of the Peace Court Directory — Find your local small claims/landlord-tenant court
• Texas Law Help — Self-help legal information for renters
• HUD Housing Discrimination Complaint Process

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1. Texas Property Code Chapter 92 – Residential Tenancies
2. Texas Workforce Commission: Submit a Housing Discrimination Complaint
3. Texas Courts: Official Court Forms

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