Texas Rent Increase Laws

Texas does not have rent control laws limiting the amount that landlords request. State law prohibits local governments from establishing rent control laws unless there is a housing emergency and it is approved by the governor [1] . Read More

When Can a Landlord Raise Rent in Texas?

• Give reasonable notice
• Wait until the end of the lease term (unless otherwise specified in the lease)
• Aren’t raising rent for discriminatory or retaliatory reasons

30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by 5.5% if they choose to renew the lease.

When Can’t a Landlord Raise Rent in Texas?

Landlords in Texas may not raise the rent if:

• It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
• The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act .
• It is done in response to a protected tenant action, such as filing a complaint. This is known as “ retaliation . ” An action by a landlord is considered retaliatory if it occurs within 6 months [2] .

Are There Rent Increase Exceptions in Texas?

Texas does have a rent increase exception. Special circumstances can warrant rent stabilization in Texas if:

• A governing body of a municipality finds that a housing emergency exists due to a disaster such as fire, flood, earthquake, or oil spill.
• The governor approves the ordinance.

How Often Can Rent Be Increased in Texas?

Landlords in Texas can increase the rent as often as they choose as long as they don’t do so during a lease term (unless stated otherwise in the lease agreement).

How Much Notice is Needed to Raise Rent in Texas?

Unlike most other states, Texas law does not require a specific notice period before raising rent.

Even though state law has no minimum notice period, Texas law still requires that parties to a contract act in good faith, meaning that a landlord should give the tenant reasonable notice when increasing rent.

How Much Can a Landlord Raise Rent in Texas?

In Texas, landlords can raise rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.

Sources

The governing body of a municipality may, by ordinance, establish rent control if: (1) the governing body finds that a housing emergency exists due to a disaster…and (2) the governor approves the ordinance.

A landlord may not, within six months after the date of the tenant’s action…retaliate against the tenant by…increasing the tenant’s rent…