How Texas Renters Can Address Rent Overcharge Issues

Rent Control & Rent Stabilization Texas published June 21, 2025 Flag of Texas

If you’re renting in Texas and feel your rent has been raised unfairly or exceeds what was agreed to, you may wonder what rights and protections are available for tenants. While Texas does not have state-level rent control or mandatory rent caps, understanding how to address potential rent overcharge situations can protect you from unlawful or deceptive practices. This guide will walk you through what a rent overcharge looks like, steps to take if you believe you are affected, and where to get help.

Is There Rent Control or Rent Stabilization in Texas?

Texas does not have statewide rent control laws. Landlords can generally set rent as they choose, and there are no official caps on rent increases or maximum rent amounts. However, certain cities or counties may have restrictions if there is a declared disaster or local ordinance in effect. Always check your lease agreement for specific terms.[1]

What Counts as a Rent Overcharge?

A rent overcharge happens when a landlord collects more rent than what is stated in your signed lease agreement, or tries to collect unauthorized fees. Since Texas law mostly protects the agreed-upon lease terms, most rent disputes center on:

  • Being charged more than what’s legally agreed to in your signed lease
  • Added fees or costs not listed in your lease
  • Rent increases before the lease period ends (unless your lease allows for it)

If your rental is in government-subsidized housing (like Section 8 or affordable housing), you may have additional protections and rent caps. Contact the U.S. Department of Housing and Urban Development (HUD) Texas office for more details on those programs.

How to Address a Suspected Rent Overcharge in Texas

If you believe your landlord has violated the lease terms by charging excess rent or unlisted fees, the most effective way to resolve the issue in Texas is directly through documentation and communication. There is no state agency that mediates rent overcharge disputes for market-rate apartments, but you do have tools and legal recourse:

1. Review Your Lease Agreement Thoroughly

  • Confirm the rent amount, allowable increases, and all fees listed in your signed lease.
  • Pay close attention to renewal clauses or addendums.

2. Communicate in Writing with Your Landlord

  • Politely email or write a formal letter to your landlord about the suspected overcharge.
  • Reference your lease and attach supporting documentation.
  • Request a correction or explanation of the disputed amount.

3. Use the Texas Attorney General Consumer Complaint Process

The Texas Attorney General’s Office allows tenants to file a General Consumer Complaint (Form: Online Submission) about landlord-tenant disputes involving misleading or fraudulent practices, including unauthorized rent charges. While this is not a rental tribunal, it may help in documented cases of deception or illegal fees.

  • Form Name: General Consumer Complaint
    Where to Use: If your landlord will not address rent overcharges or you suspect fraud or unlawful fees.
    How to Use: File online at the official Texas Attorney General’s Consumer Complaint portal. Attach lease copies, communications, and a clear description of the overcharge.
Ad

4. Escalate to Small Claims Court if Necessary

If your landlord refuses to correct a confirmed overcharge, you may have the right to sue for the disputed amount in your local Texas Justice of the Peace Court (the Texas small claims court system). This often covers rent disputes under $20,000. Be sure to have:

  • Your lease and payment records
  • Written correspondence with your landlord
  • Copies of any complaint(s) you filed

You can find your local Justice Court and procedures at the Texas Justice Courts website.

Try to resolve rent overcharge issues with your landlord directly first. Written, polite communication is the fastest way to fix most misunderstandings about rent in Texas.

Who Handles Rent Disputes for Texas Renters?

There is no specialized residential tenancies tribunal in Texas. Rent and lease disputes are usually handled in:

For official tenant rights and responsibilities, see Texas Property Code, Chapter 92 – Residential Tenancies.[2]

FAQ: Rent Overcharge and Tenant Rights in Texas

  1. Is there rent control or rent caps in Texas?
    No. Texas law does not set limits on how much or how often landlords can raise rent except as agreed in your lease or in certain government-subsidized housing.
  2. Can my landlord increase the rent during my lease?
    Only if your written lease allows for mid-term rent increases or you agree in writing to a change. Otherwise, rent is locked until the renewal or end of term.
  3. Who do I contact if I’m overcharged on rent?
    Start with your landlord/property manager. If the issue is not resolved, you can file a General Consumer Complaint with the Texas Attorney General. For formal recovery, Justice of the Peace Court may be used.
  4. Does Texas have an official form for rent overcharge complaints?
    Texas does not have a rent-specific complaint form. Use the Consumer Complaint online form for overcharges, especially related to fraud or misrepresentation.
  5. Where can I read about tenant rights and the law?
    The main law is Texas Property Code Chapter 92.

Key Takeaways for Texas Renters

  • Texas does not have rent control, but your lease is your strongest legal protection.
  • Document everything—keep a copy of your lease, communications, and all payment records.
  • File a complaint with the Texas Attorney General if you suspect fraud or illegal fees. For unresolved overcharges, small claims court can help recover your money.

When in doubt, get advice from a Texas tenant advocacy group or legal aid service.

Need Help? Resources for Renters

  1. For more information on rent regulation in Texas, see the Texas Local Government Code Section 214.902 (Prohibition of Rent Regulation).
  2. See Texas Property Code, Chapter 92 – Residential Tenancies for rights and obligations of tenants and landlords.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

Related Articles