Texas has a reputation as a landlord-friendly state—and that reputation is largely accurate. Unlike states like California or New York, Texas has no rent control and fewer tenant protections. But you still have important rights. This guide covers everything Austin renters need to know.
Important: Texas Has No Rent Control
Texas state law prohibits cities from enacting rent control. Your landlord can raise your rent by any amount with proper notice. This makes researching your building and landlord before signing a lease critical.
Important Contacts
Your Right to Habitable Housing
Under Texas Property Code Chapter 92, landlords must provide rental units that are "fit for human habitation." This is your most important protection as a Texas tenant.
Your landlord must provide and maintain:
- Working A/C — Critical in Austin's extreme heat (not legally required, but standard)
- Heat — Must have functioning heating system
- Hot and cold running water
- Working plumbing and sewer
- Electricity — Safe electrical systems
- Smoke detectors — Required by law
- Secure locks — On exterior doors
- Weatherproofing — Protection from the elements
A/C Is Critical in Austin
With 30+ days above 100°F each summer, working air conditioning is essential for health and safety. If your A/C breaks, notify your landlord in writing immediately. They have 7 days to make repairs after written notice of a condition affecting health or safety.
How to Get Repairs Done (The Texas Process)
- Notify your landlord in writing — Send a dated letter or email describing the problem. Keep copies!
- Send via certified mail — For serious issues, certified mail creates proof of delivery.
- Wait 7 days — Landlord has 7 days to make a "diligent effort" to repair conditions affecting health/safety.
- If no repair: You have options — See "Repair Remedies" below.
Texas Repair Remedies
If your landlord fails to make required repairs after proper notice, Texas law provides these options:
- Repair and deduct — You can hire someone to make repairs and deduct the cost from rent (limits apply)
- Terminate the lease — For serious habitability issues, you may have the right to break your lease
- Rent reduction — Sue in Justice Court for a rent reduction
- Civil penalties — Landlord may owe you one month's rent + $500 for certain violations
Important: Texas repair remedies have specific requirements. Consult with the Austin Tenants Council at (512) 472-8303 before taking action.
Security Deposit Rights
Texas has rules about security deposits, though they're less protective than some other states:
- No maximum amount — Texas has NO limit on security deposit amounts (unlike California's 2-month cap)
- Return deadline — Within 30 days of move-out
- Itemized deductions — Landlord must provide written list of deductions
- Normal wear and tear — Cannot be deducted from your deposit
- Forwarding address required — You must provide your new address in writing
💡 Pro Tip: Document Everything
Take photos and videos of the apartment when you move in AND when you move out. Texas landlords commonly deduct for "damages" that were pre-existing. Documentation is your best protection.
Eviction Process
Even without rent control, Texas law requires landlords to follow a specific eviction process. They cannot simply kick you out or change the locks.
The Legal Eviction Process in Texas
3-day notice for non-payment (unless lease says otherwise); may be longer for other reasons
If you don't leave, landlord files an eviction suit in Justice Court
Hearing scheduled 10-21 days after filing. You have the right to appear and defend yourself.
If landlord wins, you have 5 days to appeal (and must post bond)
Only a constable or sheriff can physically remove you (24-hour notice required)
Get free legal help from Texas RioGrande Legal Aid at (512) 447-7707.
Illegal Eviction Tactics
Your landlord CANNOT do these without a court order:
- • Change your locks
- • Remove your belongings
- • Shut off utilities
- • Threaten or harass you to leave
- • Remove doors or windows
If this happens, call the police and contact a lawyer immediately. You may be entitled to damages.
Rent Increases
Since Texas prohibits rent control, landlords can raise rent by any amount. However:
- During a lease — Landlord cannot raise rent unless your lease specifically allows it
- At lease renewal — Landlord can raise rent to any amount with proper notice
- Month-to-month — Landlord must give 30 days notice before a rent increase
- Retaliation prohibited — Landlord cannot raise rent in retaliation for complaints
Protection from Retaliation
Texas law protects you from landlord retaliation. Your landlord cannot evict you, raise your rent, or reduce services because you:
- Complained about housing code violations
- Filed a complaint with a government agency
- Exercised your legal rights as a tenant
- Participated in a tenant organization
If your landlord retaliates within 6 months of your complaint, you may have a legal claim for damages.
How to File Complaints
Where to File Complaints
Housing code violations, safety issues. Call (512) 974-3256 or file via Austin 311.
Security deposit disputes up to $20,000. No lawyer required.
Free tenant counseling and mediation. Call (512) 472-8303.
Fair housing discrimination complaints. File at twc.texas.gov.
Free Legal Help
Austin has several organizations that provide free legal help to tenants:
- Austin Tenants Council — (512) 472-8303 — Free counseling and mediation
- Texas RioGrande Legal Aid — (512) 447-7707 — Free legal help for low-income tenants
- Volunteer Legal Services of Central Texas — Free legal clinics
- UT Law School Clinics — Free help from supervised law students
Research Your Landlord
Because Texas has fewer tenant protections, researching your landlord before signing is even more important. A landlord with a history of code violations and complaints will likely give you problems too.
Check Building History
StreetSmart tracks 33,000+ Austin buildings and 82,000+ code violations. See how a building is rated before you rent.