Transitioning from Rent Control to Market Rent in Texas

Many renters in Texas may wonder what rights and options apply if an apartment transitions from being rent controlled to charging market rent. Understanding these changes is important for protecting your housing stability and planning your next steps.

Does Texas Have Rent Control?

Currently, Texas does not have statewide rent control or rent stabilization laws. Across Texas, cities and counties are actually prohibited by state law from enacting local rent control ordinances, except in very limited circumstances.

• Texas Property Code Section 214.902 says that rent control can only be enacted during a disaster or emergency, and only if approved by a majority vote in a public referendum and the governor.^[1]
• In practical terms, virtually all Texas rentals are subject to market rent determined by the landlord, not by a rent control board or similar authority.

As a result, Texas renters generally do not move from a 'rent-controlled' unit to a 'market rent' unit, because ongoing rent control does not exist in Texas.

What Happens When Your Rent Increases in Texas?

If your lease has ended or is about to renew, your landlord can typically increase the rent with proper notice, since there are no rent caps set by Texas law for most rentals. However, landlords must provide adequate notice and follow your lease terms.

Key Rights When Facing a Rent Increase:

• Notice Requirement: For month-to-month renters, your landlord must give at least 30 days' written notice of any rent increase before it goes into effect.
• If you have a fixed-term lease (for example, 12 months), your landlord cannot increase your rent until the lease term ends, unless your contract specifically allows earlier changes.

If you’re being asked to sign a new lease at market rent following a period of lower rent, you can choose to accept the new terms, try to negotiate, or decide to move out when your current lease ends.

Official Forms and How to Use Them

While Texas does not have state rent control forms, there are some critical documents and notices that play a role if your lease is changing or your rent is increasing:

• Notice of Rent Increase: There is no official statewide form, but written notice is required. Your landlord should provide a signed letter or email with the date and amount of the increase.
  Example: If your lease turns month-to-month in June, and your landlord wishes to raise rent for July, they must notify you in writing by the end of May.
• Texas Standard Lease Agreement (TAA): Many landlords use a lease template from the Texas Apartment Association. Read it carefully for any automatic renewal or increase clauses.
• Notice to Vacate: If you choose not to renew, provide a written notice to your landlord. Most leases require advance notice—often 30 days. There is no official form, but your notice should be in writing and dated. See guidance from the Texas Attorney General's Tenant Rights page.

If disputes about rent increases arise, renters may seek mediation through local resources or consult the Texas Attorney General’s Office for guidance.

Which Government Agency Oversees Tenancy Issues?

In Texas, there is no single tribunal or board dedicated to residential tenancy disputes or rent control questions. Most landlord-tenant matters are handled by local Justice of the Peace Courts. You can find your local court using the Texas Judicial Branch’s court locator.

Disputes about rent, evictions, or lease terms are typically filed and resolved in these local courts, in accordance with the Texas Property Code Chapter 92: Residential Tenancies.^[2]

Can Renters Challenge Excessive Rent Increases?

Texas law does not limit how much rent can be raised for market-rate units. However, landlords may not increase rent in a discriminatory or retaliatory way. If you believe your rights are being violated, you may:

• Review your written lease terms before responding
• Contact the Texas Attorney General's Consumer Protection team for support
• File a complaint or seek assistance from your local Justice of the Peace Court if necessary (especially if facing eviction)

Summary: Steps to Take When Receiving a Rent Increase Notice

• Read the notice and review your lease for renewal and notice requirements
• Decide whether to accept, negotiate, or vacate the property
• Deliver your response or notice to vacate in writing, and keep a signed copy for your records

Frequently Asked Questions

1. Does Texas have rent control or rent stabilization?
   No. Texas law does not allow local or statewide rent control, except in very rare emergency situations approved by voters and state officials.
2. How much notice is required before rent increases in Texas?
   For month-to-month leases, landlords must provide at least 30 days’ written notice. Fixed-term leases control rent until renewal.
3. If I can’t afford the new rent, do I have any rights?
   You may negotiate with your landlord, but you can also choose to move out at the end of your lease. There is no legal protection against above-market hikes.
4. Who do I contact if I have a dispute over rent in Texas?
   Most disputes go through your local Justice of the Peace Court. You can look up your court using the Texas court directory.
5. Are there forms to dispute a rent increase in Texas?
   There is no official form to dispute rent increases, but you can submit your written concerns to your landlord or seek help from the Texas Attorney General’s Tenant Rights Unit.

Key Takeaways for Texas Renters

• Texas law largely favors market rent, with very limited use of rent control.
• Landlords must provide written notice of rent increases for month-to-month tenants.
• You can choose to accept, negotiate, or vacate if your landlord raises the rent.

Review your lease terms closely, keep all notices and correspondence in writing, and seek legal assistance if you feel your rights have been violated.

Need Help? Resources for Renters

• Texas Attorney General: Tenant Rights & Resources
• Texas Property Code Chapter 92: Residential Tenancy Law
• Find Your Local Justice of the Peace Court
• Legal Aid: TexasLawHelp.org – Tenant Rights

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1. Texas Property Code Section 214.902 – Rent Control Prohibited
2. Texas Property Code Chapter 92 – Residential Tenancies

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