Texas Renters: Lease Renewal Rules and Your Rights

Understanding your rights at the end of a lease is an important part of renting in Texas. When your current lease ends, you may wonder what options your landlord has, and what actions you can take if your lease is not renewed. This article explains the basics of lease renewals in Texas, the legal grounds for non-renewal, notice periods, and what forms or resources are available to protect yourself.

Is Your Landlord Allowed to Refuse Lease Renewal in Texas?

In Texas, landlords typically have the right to choose not to renew a lease once the current term ends, as long as they follow the law. However, there are important exceptions and notice requirements you should know about.

When Can a Landlord Refuse to Renew?

• Lease Expiration: When a fixed-term lease (e.g., 12 months) reaches its end, landlords can decide not to offer a renewal.
• No Required Reason (Except for Protections): In most cases, a landlord is not required to give a reason for refusing to renew as long as their decision is not for a discriminatory, retaliatory, or otherwise unlawful reason.
• Retaliation and Discrimination Are Illegal: Landlords cannot refuse to renew a lease because you exercised your legal rights (like requesting repairs or reporting code violations) or based on your race, color, religion, sex, national origin, familial status, or disability. This is covered both by Texas law and the federal Fair Housing Act.

For more details, see the Texas Property Code – Chapter 92: Residential Tenancies and the U.S. Department of Housing and Urban Development: Fair Housing Act.

Notice Requirements for Non-Renewal

Landlords are required to provide written notice if they do not intend to renew your lease. The required notice period usually depends on your specific lease agreement. If your lease does not specify, Texas law generally suggests at least a 30-day written notice for month-to-month tenancies or at the end of a lease term. Always check the exact language in your lease.

How Notice is Given

• Written notice can be delivered in person or by mail.
• It must clearly state when your lease will end and that it will not be renewed.

Common Illegal Reasons for Non-Renewal in Texas

Some non-renewals are against the law. If you believe your landlord's refusal to renew is related to discrimination or retaliation, you may have the right to file a complaint.

• Discrimination: Refusing to renew because of your membership in a protected class under the Fair Housing Act or Texas law.
• Retaliation: Denial of renewal because you have reported the landlord, requested repairs, or otherwise exercised your rights as a renter within the past 6 months.

Official Forms: Notice of Non-Renewal

• Form Name: Notice to Vacate (No official state form number)
• When Used: Landlords use this written notice to inform tenants that the lease will not be renewed and the tenant must move out by a specific date.
• How Used (Example): Your landlord may give you a "Notice to Vacate" 30 days before the lease ends, stating you must vacate on the lease expiration date.
• Official Resource: Guidance on notices (including templates) is available from the Texas Attorney General: Landlord and Tenant Rights and Responsibilities.

There is no standardized required form for tenants responding to non-renewal notices in Texas, but written communication (letter or email) is advised for your records.

Can You Challenge a Non-Renewal?

While landlords generally are not required to renew leases, you may challenge a non-renewal if you believe the reason was discriminatory or retaliatory. You can:

• Contact the Texas Department of Housing and Community Affairs Fair Housing Program
• File a complaint with the U.S. Department of Housing and Urban Development
• Seek help from local tenant advocacy groups

Be prepared to provide any written communications and documentation about your tenancy.

Which Board Handles Tenant Disputes?

In Texas, there is no statewide residential tenancy tribunal. Disputes related to non-renewals or evictions are generally resolved in local Justice of the Peace Courts (Texas Justice Courts). These courts handle eviction lawsuits (called "forcible entry and detainer" actions) and related matters. You may also reach out to the TDHCA Fair Housing Program for assistance on discrimination or retaliation issues.

FAQ: Lease Renewal and Non-Renewal in Texas

1. Can my landlord refuse to renew my lease without giving a reason? Yes, in Texas, unless the refusal is for an illegal reason such as discrimination or retaliation, landlords do not need to provide a reason for not renewing a lease.
2. How much notice must a landlord provide if they are not renewing my lease? Typically, at least 30 days’ written notice is required—check your lease for specific terms.
3. What can I do if I suspect the non-renewal is due to retaliation or discrimination? You can file a complaint with the Texas Department of Housing and Community Affairs or HUD and consider seeking legal assistance.
4. After my lease ends, can my landlord evict me immediately if I stay? No, if you remain without a lease, the landlord must still follow the legal eviction process through the local Justice of the Peace Court.
5. Is there an official form to challenge a lease non-renewal? There is no specific state form, but you can submit a written complaint to the Texas Department of Housing and Community Affairs if you believe your rights have been violated.

Conclusion: Key Points for Texas Renters

• Landlords can usually refuse to renew a lease when it expires, but not for discriminatory or retaliatory reasons.
• You are entitled to written notice for non-renewal and can take action if the reason is unlawful.
• Disputes are resolved in Justice of the Peace Courts or with the help of the TKDCA Fair Housing Program.

Being informed can help you respond confidently if your landlord declines to renew your lease.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs Fair Housing Program: Advice and complaints for discrimination or retaliation in housing.
• Texas Attorney General – Tenant Rights: Legal information for renters, including sample forms and Q&A.
• Texas Justice Courts Directory: Find your local court for eviction cases or other disputes.
• HUD – How to File a Housing Discrimination Complaint

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1. Texas Property Code – Chapter 92: Residential Tenancies
2. Texas Department of Housing and Community Affairs – Fair Housing Program
3. Fair Housing Act (U.S. Department of Housing and Urban Development)
4. Texas Attorney General: Tenant Rights and Responsibilities
5. Texas Judicial Branch: Justice Courts Information

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