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What this is
Free guide explaining Houston renter rights, from security deposits to eviction protection, plus how to get legal help when landlords break the rules.
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
Send a written repair request. Text messages count, but a dated letter or email is better. Describe the problem specifically.
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.
Security deposits
No state limit on deposit amount (but most are 1 month's rent).
Eviction process
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If the landlord ignores you: Send a second written notice by certified mail. Texas law requires two notices before you can pursue legal remedies.
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.
Call the City: Houston's code enforcement can inspect rental properties. File a complaint at 311 or 713-837-0311.
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.
A landlord cannot just change the locks or throw your belongings out. Texas law requires:
Written notice to vacate — at least 3 days for nonpayment of rent (unless your lease specifies a different period).
Filing an eviction suit in Justice of the Peace court if you do not leave.
Court hearing — you have the right to appear and present your case. The court may rule in your favor.
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
Key details
- Texas law requirement for repairs: Landlord must act within 7 days after written notice for most repairs; life-threatening conditions require faster action
- Security deposit return timeline: Landlord must return deposit within 30 days after move-out; if withheld, must provide itemized list of deductions
- Penalty for wrongful deposit withholding: Landlord may owe 3x the amount wrongfully withheld plus attorney fees
- Eviction notice requirement: Landlord must provide written notice to vacate (at least 3 days for nonpayment) and file suit in Justice of the Peace court
- Habitable home requirements: Working plumbing, hot water, sewage, heating, smoke detectors, and secure locks on all exterior doors and windows
About Lone Star Legal Aid
We provide free civil legal services to low-income people in Texas. Our attorneys and advocates help with tenant rights, family law, immigration, consumer protection, public benefits, and more. We believe justice should …
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Why it matters
Understanding your renter rights helps you stand up to landlords who break the rules. You have legal power in Houston, even in a landlord-friendly state.
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