Texas Rent Caps and Local Ordinances: Renter Guide

Concerned about rent increases or housing costs in Texas? Understanding if there are rent caps or local rent control ordinances can help you plan ahead and assert your rights as a renter. Texas approaches rent control and rent caps differently than some states, so let’s clarify what you can expect, where city ordinances matter, and how to get help if you’re facing issues with rent or eviction.

Rent Control and Rent Caps in Texas – What’s the Law?

Texas currently does not have statewide rent control or rent caps. In fact, the state legislature actively prohibits local governments from enacting their own rent control ordinances, except in rare cases of declared emergencies. This policy is set out in the Texas Local Government Code, Section 214.902.¹

This means that:

• Landlords in Texas generally may set rent at market rates and raise it when a new lease is signed or at lease renewal, unless restricted by the terms of your current lease agreement.
• Local governments, such as those in Austin, Dallas, Houston, San Antonio, and elsewhere, cannot pass local rent control laws unless the Governor declares a disaster emergency and specific requirements are met.

Are There Any Local Rent Ordinances in Texas Cities?

While Texas law blocks most cities from capping rent, some local ordinances do exist — but not as traditional rent caps. Instead, certain cities address renter protections in other ways, such as regulating notice periods for rent increases or prohibiting certain types of discrimination.

Common Local Renter Protection Ordinances

• Advance Notice Requirements: Some cities, like Austin, have adopted ordinances requiring landlords to give advance written notice (often 30 days) before non-renewal or large rent increases for some tenants. Read more about Austin Fair Housing ordinances.
• Source of Income Protections: Certain cities prohibit landlords from discriminating against renters using vouchers (such as Section 8), but these are being challenged at a state level. Rules may shift, so check with your local housing office.
• Eviction Protections: During emergencies, some cities passed temporary rules regarding eviction proceedings, but these are time-limited and do not control rent prices.

It’s important to note that none of these ordinances give cities the power to implement rent caps or long-term rent stabilization programs. Renters in all Texas cities are primarily protected by state and federal law rather than local rent control policies.

Understanding Your Rights on Rent Increases

Under state law and most lease agreements, landlords in Texas can raise the rent:

• At the end of a lease term, if no rent increase cap is stated in your lease.
• With proper notice, typically at least one rental period (e.g., 30 days for month-to-month tenancies).
• Immediately for new tenants signing a new lease — unless stated otherwise.

However, a landlord cannot raise rent to discriminate or in retaliation for exercising your legal rights (for example, after you file a valid repair request). Refer to Texas Property Code Chapter 92 (Residential Tenancies) for details on tenant protections.²

Are There Official Forms or Agencies Involved?

Texas does not issue a specific form for tenants to dispute a rent increase unless it involves discrimination or retaliation. However, renters may use these resources and forms:

• Texas Tenant Complaint Form (Texas Department of Housing and Community Affairs):
  Official Tenant Complaint Form
  Use this if you believe your landlord is acting unfairly or violating rights, especially for issues like discrimination, housing quality, or retaliation.
  • Example: If your landlord raises rent in retaliation after you request repairs, you may submit this form to the Texas Department of Housing and Community Affairs (TDHCA).
• Fair Housing Complaint Form (U.S. Department of Housing & Urban Development):
  File a Fair Housing Complaint here
  Use if your rent is raised based on discrimination against a protected class (such as race, disability, or source of income in some jurisdictions).

To learn about local rules or enforcement, contact your city’s housing department. For all formal disputes, Texas residential landlord-tenant cases are handled by the Justice Courts – Small Claims/Eviction Court. File here for rent or eviction disputes.

Action Steps: What To Do If You Disagree With a Rent Increase

• Review your lease agreement for any terms related to rent changes or notice periods.
• Ask your landlord in writing for the reason behind a large rent increase, especially if you suspect retaliation or discrimination.
• Document all communication with your landlord for your records.
• If you believe your rights have been violated, file a complaint with the TDHCA or seek legal advice.

FAQ: Common Questions About Rent Increases and Local Regulations in Texas

1. Are there cities in Texas with rent control or rent caps?
   No, Texas law prevents cities from enacting rent control or rent caps except during declared emergencies, which are temporary and rare.
2. What can I do if my landlord raises my rent suddenly?
   Check your lease for notice requirements. If you are on a month-to-month tenancy, landlords must generally give at least 30 days' notice. File a complaint with the TDHCA if you suspect retaliation or discrimination.
3. Does my city offer extra protections for renters?
   Some cities require advance notice for non-renewals or have fair housing protections, but none can legally cap rents due to state law.
4. How do I file an official complaint about an illegal rent increase?
   Use the Texas Tenant Complaint Form or contact your local Justice Court for legal disputes.
5. Where are residential tenancy disputes heard in Texas?
   Residential tenancy matters, such as eviction and rent disputes, are handled by the Texas Justice Court.

Key Takeaways for Texas Renters

• No Texas cities have long-term rent caps or rent stabilization due to state law.
• Landlords must follow your lease and provide required notice before rent increases.
• If a rent increase seems unfair, retaliatory, or discriminatory, you can file a complaint with state or federal agencies.

While Texas does not offer rent caps, staying informed and knowing your lease terms gives you the best tools for protecting your housing stability.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA): TDHCA Texan Renters Resource Page
• Justice Courts Directory (Eviction & Rent Disputes): Locate Your Local Justice Court
• Texas Fair Housing Act Information: TDHCA Fair Housing
• City of Austin Housing Department: Austin Fair Housing & Tenant Rights
• HUD Fair Housing Discrimination Complaints: File with HUD

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1. See Texas Local Government Code, Section 214.902: Prohibition on Rent Control
2. See Texas Property Code, Chapter 92: Residential Tenancies Law

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