A guide to renter rights in Houston

What Texas law gives renters

Texas is a landlord-friendly state. There is no rent control, no statewide right to withhold rent, and no requirement for landlords to provide a reason for non-renewal. But you still have real, enforceable rights. Here is what they are.

Your right to a habitable home

Under Texas Property Code Chapter 92, your landlord must maintain the property in a condition fit for living. That means:

• Working plumbing, hot water, and sewage
• Working heating (not required to provide A/C, but most leases include it)
• Working smoke detectors (landlord must provide and maintain)
• Working locks on exterior doors and windows (deadbolt on each exterior door, sliding door pin locks, window latches)
• No conditions that materially affect health or safety

How to get repairs done

1. Send a written repair request. Text messages count, but a dated letter or email is better. Describe the problem specifically.
2. Give the landlord reasonable time. Texas law says 7 days for most repairs after written notice. Life-threatening conditions (gas leak, sewage backup, no heat in winter) require faster action.
3. If the landlord ignores you: Send a second written notice by certified mail. Texas law requires two notices before you can pursue legal remedies.
4. After the second notice: You can file a repair lawsuit in Justice of the Peace court. The court can order repairs, reduce rent, and award damages up to one month's rent plus $500.
5. Call the City: Houston's code enforcement can inspect rental properties. File a complaint at 311 or 713-837-0311.

Security deposits

• No state limit on deposit amount (but most are 1 month's rent).
• Landlord must return the deposit within 30 days after you move out.
• If they keep any of it, they must provide an itemized list of deductions.
• Normal wear and tear cannot be deducted. Faded paint, worn carpet from regular use, minor nail holes — those are not your responsibility.
• If the landlord fails to return the deposit or provide an itemized list within 30 days, they may owe you 3x the amount wrongfully withheld plus attorney fees.

Eviction process

A landlord cannot just change the locks or throw your belongings out. Texas law requires:

1. Written notice to vacate — at least 3 days for nonpayment of rent (unless your lease specifies a different period).
2. Filing an eviction suit in Justice of the Peace court if you do not leave.
3. Court hearing — you have the right to appear and present your case. The court may rule in your favor.
4. Writ of possession — only after a court judgment can the constable physically remove you. This process takes at least 3-4 weeks total.

Illegal lockouts: If your landlord changes the locks without a court order, call the police. Texas Property Code 92.0081 makes this a criminal offense. You can also file an emergency court order to get back in.

Lease basics

• Read every word. Texas does not limit what can go in a lease. If you sign it, you are bound by it.
• Breaking a lease: You generally owe rent through the end of the lease term, BUT the landlord has a duty to mitigate — they must try to re-rent the unit. You are not responsible for months after a new tenant moves in.
• Early termination for military: SCRA protects active-duty servicemembers. You can break a lease with 30 days written notice and a copy of your orders.
• Early termination for domestic violence: Texas Property Code 92.016 allows victims to break a lease with documentation (protective order, police report, or documentation from a family violence center).

Where to get help

• Houston Volunteer Lawyers: 713-228-0732 — free legal advice for low-income tenants
• Lone Star Legal Aid: 713-652-0077 — free legal representation
• Houston Apartment Association: mediates tenant-landlord disputes
• City of Houston Housing: 832-394-6200
• 311: For code enforcement complaints about rental property conditions