Senior Housing Rights and Protections for Texas Renters

Special Housing Types & Situations Texas published June 21, 2025 Flag of Texas

For seniors renting homes or apartments in Texas, understanding your housing rights is key to feeling secure and supported. Texas law provides seniors with specific legal protections and procedures regarding eviction, accessibility, rent increases, and discrimination. Whether you reside in a senior-designated community or a regular rental, this guide will help you understand your rights and action steps under current Texas law.

Who Qualifies as a Senior Renter in Texas?

Senior housing often refers to rental properties designated for people aged 55 or older, or sometimes 62+, under both federal guidelines and Texas-specific rules. However, many standard rental protections also apply to seniors renting any apartment or home in the state.

  • Strictly senior housing: Properties exclusively for residents 55+ or 62+
  • Mixed housing: General rentals where seniors may need help with accessibility or fair treatment

Seniors are entitled to reasonable accommodations and, in many cases, have protection from discrimination based on age or disability.

Key Legal Protections for Senior Renters

Texas combines federal fair housing regulations with state statutes. Important protections for seniors include:

  • Protection against housing discrimination based on age, disability, or familial status under the federal Fair Housing Act and Texas Fair Housing Act
  • Right to request reasonable accommodations or modifications for disabilities (such as grab bars, ramps, or support animals)
  • Protection from retaliation when exercising your renter rights
  • Notice and process requirements in case of eviction, including special steps for subsidized senior housing

Learn more about Texas fair housing protections via the Texas Department of Housing and Community Affairs.

Reasonable Accommodation and Modification Requests

If you are a senior with a disability, you have the right to ask your landlord to make reasonable changes to your living space or to policies that would help you use and enjoy your home.

  • Reasonable accommodation: Changes to rules or procedures, like allowing a service animal in a "no pets" apartment
  • Reasonable modification: Physical changes to the unit, like installing grab bars or ramps

Landlords must review these requests and can only refuse in narrow circumstances. It is best to submit your request in writing for documentation purposes.

Official Form for Accommodation Requests

  • Form Name: TDHCA Sample Reasonable Accommodation Request Form
  • When to Use: If you need your housing provider to change a policy or allow an exception for a disability-related need. For example, a 68-year-old renter with limited mobility requests a parking space closer to their apartment.
  • Official Link: TDHCA Reasonable Accommodation Request Form (Sample PDF)

Submit the form to your landlord or property manager and keep a copy for your records.

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Eviction and Rent Increase Rules for Seniors

Seniors do not have extra eviction protection under Texas law, but the standard procedures must still be followed:

  • Your landlord must give at least 3 days’ written notice before filing for eviction unless your lease states otherwise.
  • Landlords cannot evict you for requesting accommodations, modifications, or reporting unsafe conditions.
  • Rent increases must follow lease terms – unless on a month-to-month rental, increases require at least one full rental period’s notice.
  • Subsidized or HUD-assisted senior housing may have additional federal protections. Check with your local housing authority.

The Texas Justice of the Peace Court handles residential eviction cases, including those for seniors.

Your Rights Regarding Discrimination and Retaliation

Seniors are protected from discrimination by both the federal Fair Housing Act and the Texas Fair Housing Act. It is illegal for a landlord to:

  • Deny you housing or set different terms because of age, disability, race, national origin, gender, or religion
  • Refuse a reasonable accommodation request related to a disability
  • Retaliate if you complain about unsafe housing or discrimination

If you believe your rights have been violated, you may file a complaint with the Texas Department of Housing and Community Affairs (TDHCA).

Official Discrimination Complaint Form

  • Form Name: TDHCA Fair Housing Complaint Form
  • When to Use: If you believe you were treated unfairly or harassed because of your age or disability. For instance, if a landlord refuses to consider your request for an accessible parking space.
  • Official Link: TDHCA Discrimination Complaint Form (PDF)

Complete and submit the form to TDHCA either online, by mail or fax, as detailed on their site.

Practical Steps for Senior Renters

If you have issues with your rental or believe your rights are not respected, consider these steps:

  • Document any conversations or problems (take notes, save emails and letters)
  • Submit requests or complaints in writing
  • If needed, use the official TDHCA complaint form to start a fair housing investigation
  • Contact a local tenant advocacy group or the Texas Legal Services Center for guidance
Keep copies of all written communication and forms. This provides important evidence should you need to enforce your rights.

You can read the full text of current Texas landlord-tenant law at the Texas Property Code Chapter 92 – Residential Tenancies.

Frequently Asked Questions

  1. What is considered senior housing in Texas?
    Seniors-only housing refers to properties that restrict residents by age, such as 55+ or 62+ communities, but standard apartment rentals can also be considered senior housing if they accept seniors and follow non-discrimination law.
  2. Can my landlord refuse a reasonable accommodation request?
    Generally, landlords must consider and cannot unreasonably refuse requests related to your disability. Special cases (like cost or fundamental changes to a building) could allow a landlord to deny, but they must attempt a reasonable solution.
  3. Where do I file a complaint if I face discrimination?
    You may file a housing discrimination complaint with the Texas Department of Housing and Community Affairs, which investigates claims and may take further action.
  4. Are seniors protected from eviction in Texas?
    Seniors have the same eviction protections as other tenants under Texas law. In certain federally subsidized housing, additional protections or notice periods may apply.
  5. What official tribunal handles tenant disputes in Texas?
    Eviction and most residential landlord-tenant disputes are filed in the Justice of the Peace Courts in your local county.

Key Takeaways

  • Senior renters in Texas are protected under both state and federal law, with special provisions for fair housing and accommodations.
  • Use official TDHCA forms for accommodation or discrimination issues, and keep written records.
  • The Texas Justice of the Peace Court resolves most residential tenancy disputes.

Need Help? Resources for Renters

  1. Texas Property Code Chapter 92 – Residential Tenancies
  2. Texas Fair Housing Act
  3. Texas Department of Housing and Community Affairs: Fair Housing Resources
  4. Justice of the Peace Courts (Eviction Tribunal)
  5. Federal Fair Housing Act

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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.

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