When Can Texas Landlords Pass Through Costs to Raise Rent?

If you rent in Texas, you might wonder if your landlord can raise your rent to cover repairs, property taxes, or other building expenses—often called "pass-through costs." Understanding when and how rent can be increased is essential for protecting your rights as a renter. This article covers the basics of pass-through costs, the rules in Texas, and what you can do if you receive a rent increase notice.

What Are Pass-Through Costs in Texas Renting?

Pass-through costs refer to expenses a landlord wants to recover from tenants, such as property taxes, utility upgrades, or major repairs. In some states, rent control laws limit how (and if) these costs can be passed to renters. However, Texas does not have statewide rent control or rent stabilization, which affects how these costs are handled.

Can Texas Landlords Legally Increase Rent for Pass-Through Costs?

In Texas, landlords are generally allowed to raise rent for most reasons, including to cover increased costs, as long as:

• The lease is month-to-month (no fixed term); or
• The lease term has ended and is being renewed; or
• The lease allows for increases—and proper notice is given

There is no state law limiting the amount of rent increases in Texas. This means landlords can increase the rent to cover pass-through costs unless the lease agreement specifically states otherwise. Always check your lease for clauses about rent increases or pass-through charges.

Required Notice for Rent Increases in Texas

Landlords must provide written notice before increasing your rent. For month-to-month leases, Texas law generally requires at least 30 days' notice before a rent hike can take effect.^[1]

• If you have a written lease for a fixed term (such as 12 months), your rent cannot be increased until the lease ends—unless the lease itself allows for increases.
• For public or subsidized housing, different rules or federal regulations may apply. Contact your local housing authority for details.

Official Forms Relevant to Rent Increases and Pass-Through Costs

• Notice of Rent Increase
  

  Form Name: Texas does not have a state-issued, mandatory rent increase notice form. Most landlords use their own written format.

  When to use: Landlords must give tenants at least 30 days' notice before a rent increase takes effect on a month-to-month lease.
  Example: If you pay monthly and get a notice on March 1, the new rent can't start before April 1.

  It's a good idea to keep a copy of any rent increase notice you receive. If you need to dispute the amount or timing, written documents are important.

  Learn more about tenant rights on lease changes in Texas.

• Texas Tenant Complaint Form
  

  Form Name: Texas Department of Housing and Community Affairs (TDHCA) – Fair Housing Complaint Form

  When to use: If you believe a rent increase is discriminatory (e.g., based on race, disability, or other protected status), you can file this official complaint.

  How to use: Download the TDHCA Fair Housing Complaint Form, fill it out, and follow the instructions for submitting it. This is not for challenging the amount of a rent hike but for discrimination related to the increase.

Which Agency Handles Rental Disputes in Texas?

Unlike some states with special housing tribunals, Texas does not have a dedicated statewide housing board for residential landlord-tenant disputes. Legal disputes, including those about rent increases, are usually handled in local Justice of the Peace Courts.

Relevant Texas Tenancy Legislation

The primary law covering landlord and tenant relationships in Texas is the Texas Property Code, Chapter 92 – Residential Tenancies.^[2]

Your Action Steps: What to Do if You Receive a Rent Increase

• Check your lease: Review your lease agreement for any clauses about rent increases, pass-through charges, or required notice.
• Check notice requirements: Make sure your landlord’s notice gives you at least 30 days (for month-to-month leases).
• Communicate in writing: If you have concerns about the increase or believe it violates the lease, reply in writing to your landlord.
• Document everything: Keep all notices, letters, and records for your files.
• Seek advice or take legal action: If you think the increase is unfair or discriminatory, contact the Texas Department of Housing and Community Affairs or an attorney.

FAQ: Pass-Through Costs and Rent Increases in Texas

1. Can my Texas landlord raise the rent whenever they want?
   Generally, yes for month-to-month leases, but only if you get at least 30 days’ advance written notice. Fixed-term leases typically must wait until renewal.
2. What if my landlord raises the rent by a large amount?
   Texas law does not cap rent increases in most situations. If you think it’s retaliatory or discriminatory, you can file a complaint or seek legal advice.
3. Can my landlord add extra charges during my lease?
   Only if your lease agreement allows it. Carefully check for any pass-through cost or added charge clauses.
4. What can I do if I cannot afford the new rent?
   Try to negotiate with your landlord or look for rental assistance. You can also give proper notice to move out if needed.
5. Where do I file a complaint about my landlord?
   If it's a general dispute, you may use the local Justice of the Peace Court. For discrimination, use the TDHCA Fair Housing Complaint Form.

Conclusion: Key Takeaways for Texas Renters

• Texas landlords can raise rent to cover pass-through costs, with few restrictions.
• Written notice of at least 30 days is required for month-to-month renters.
• Always check your lease, document communications, and seek help if you suspect discrimination or unfair practices.

Knowing Texas rental laws helps you stay prepared if your landlord proposes sudden or significant rent increases.

Need Help? Resources for Renters

• Texas Department of Housing and Community Affairs (TDHCA) – Fair housing complaints and renter resources
• Texas Law Help – Free legal facts and forms for Texas tenants
• Local Justice of the Peace Courts – Handle landlord-tenant disputes
• Legal Aid of Northwest Texas: Legal Help for Tenants

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1. Texas State Law Library: Ending a Lease or Rental Agreement
2. Texas Property Code, Chapter 92 – Residential Tenancies

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