Texas Rent Increase Law
Texas has no statute on rent-increase notice, so rent can only rise as the lease allows or, for month-to-month tenants, with notice at least as long as needed to end the tenancy (one month under Tex. Prop. Code § 91.001). Texas has no rent control and bars cities and counties from adopting it.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Texas rent increase rules at a glance
| Notice of a rent increase | No state ruleTex. Prop. Code chs. 91–92 (no rent-increase notice provision) |
|---|---|
| Rent control | None; cities barred from adopting itTex. Loc. Gov't Code § 214.902, Tex. Prop. Code § 1.004 (preemption, H.B. 2127) |
| Ending a month-to-month tenancy | 30 days (either side)Tex. Prop. Code § 91.001 |
What Texas law says
How much notice is required for a rent increase in Texas?
Texas has no statute on rent-increase notice, so rent can only rise as the lease allows or, for month-to-month tenants, with notice at least as long as needed to end the tenancy (one month under Tex. Prop. Code § 91.001) (Tex. Prop. Code chs. 91–92 (no rent-increase notice provision)).
Does Texas have rent control?
Texas has no statewide rent control, and state law provides for city rent control only temporarily during a declared disaster with the governor's approval (Tex. Loc. Gov't Code § 214.902).
How much notice ends a month-to-month tenancy in Texas?
Either party can end a month-to-month tenancy with at least one month's notice, unless both signed an agreement setting a different notice period (Tex. Prop. Code § 91.001).
How Texas compares
23 of 51 verified jurisdictions set a statewide period.
Arkansas, Louisiana and Oklahoma follow the same rule as Texas; 1 of its 4 neighbors differs.
| Rent-increase notice | States |
|---|---|
| No statewide period | Texas, Arkansas, Louisiana, Oklahoma |
| 30 days (more in some cases) | New Mexico |
Local rules in Texas
State law provides for city rent control only temporarily after a declared disaster with the governor's approval (Tex. Loc. Gov't Code § 214.902); no local rent-control ordinance was found. Since Sept. 1, 2023, cities and counties may not regulate in fields occupied by the Property Code, expressly including local rules that restrict or delay eviction notices or suits (Prop. Code § 1.004, H.B. 2127). Some cities have pre-2008 ordinances on 24-hour emergency phone numbers that are preserved if they conform to Prop. Code § 92.020, and cities may add enforcement of the ownership-disclosure rules (§ 92.208). Since Jan. 1, 2026, courts may not adopt local eviction rules that require extra petition content, pre-trial mediation or conferences, or dismissal of curable petitions (§ 24.00506).
Other Texas rules
| Security deposit limit | No state capTex. Prop. Code §§ 92.101–92.113 (no amount cap) |
|---|---|
| Deposit return deadline | 30 days after move-outTex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107, Tex. Prop. Code § 92.1041 (mailbox presumption) |
| Late-fee cap | Safe harbor: up to 12% of monthly rent for a dwelling in a structure with 4 or fewer units, up to 10% for a structure with more than 4 units; a higher fee is allowed only if it does not exceed the landlord's uncertain damages from late payment. Initial plus daily fees count together as one fee.Tex. Prop. Code § 92.019(a-1), (b) |
| Entry notice | No state ruleTex. Prop. Code ch. 92 (no entry-notice provision) |
| Notice for unpaid rent | 3 days (Notice to pay rent or vacate (a notice to vacate is allowed only if the tenant was late before the month of the notice))Tex. Prop. Code § 24.005(a), (f-3), Tex. Prop. Code § 24.0042 (computation of time), S.B. 38, 89th Leg., R.S. (2025), enrolled |