Rent Increases & Fees in Texas

Rent Increases & Fees in Texas

Last Updated: May 23, 2022 by Elizabeth Souza

In Texas, the regulation of rent is primarily governed by TX Loc Govt. Code § 214.902. This state preempts rent control. The law bans rent control throughout the state (unless there is a housing emergency), allowing all landlords to set rent and increase it with proper notice.

Quick Facts
Rent Control None, unless there is a housing emergency due to a natural disaster
Minimum Notice for Rent Increases No Statute
Max. Late Fee 12% of the rent (4 or less dwelling units);
10% of the rent (4 or more dwelling units)
Max. Bounced Check Fee $30

When Can a Landlord Increase Rent in Texas?

A Texas landlord must abide by the written rental agreement. Rent can only be increased during a lease if it’s disclosed in the agreement, or the landlord must wait until the lease expires. However, a landlord may increase rent at any time on a month-to-month tenant.

When Is It Illegal to Raise Rent in Texas?

According to the Federal Fair Housing Act, it is illegal for a Texas landlord to raise rent based on the age, race, religion, nation or origin, familial status, or disability status of a tenant.

Under Texas law, landlords are not permitted to increase rent in retaliation against a tenant for exercising a legal right, such as filing a legitimate complaint to a local housing authority concerning their tenancy. (Tex. Prop. Code 92.331)

Is There a Rent Increase Limit in Texas?

Texas does not legislate that amount of rent a landlord may charge.

How Much Notice Is Needed for Raising Rent in Texas?

Although the state has no specific legislation regarding notice for increasing rent, it is customary for a Texas landlord to provide a 30-Day Notice before increased rent is expected. (TX Prop. Code 91.001)

For a FREE rent increase notice template, click here.

How Often Can Rent Be Increased in Texas?

Texas does not regulate the frequency with which a landlord may increase rent.

Laws Regarding Late Fees in Texas

A Texas landlord may collect a late fee from a tenant if they fail to pay rent and if the late fee is disclosed in the lease agreement. According to Texas law, a late fee shall not be more than 12% of the rent if the dwelling is in a structure that contains not more than 4 dwelling units; or 10 % of the rent if the dwelling is in a structure that contains more than 4 dwelling units. (Tex. Prop. Code 92.019)

Laws Regarding Bounced Check Fees in Texas

There is no specific state law on how much a landlord can charge for a bounced check.

Texas Cities With Rent Control

There is no rent control in the state of Texas; however, a municipality may establish rent control if there is a housing emergency due to a disaster (i.e., storm, fire, oil spill, earthquake, flood, etc.). or the governor approves the ordinance.  (Tex. Prop. Code 214.902)