En esta noticia
Texas Property Code sets the conditions that landlords and tenants must follow during the term of a lease. However, it does not set a general percentage cap on rent increases.
Even so, the law provides tenants with different protections against unjustified increases for illegal reasons, such as retaliation for exercising their legal rights.
When can landlords raise rent without a limit?
In Texas, there is no state law setting a maximum percentage for rent increases, as there is in other states. Therefore, landlords can propose increases without a general limit when a lease ends and renewal is negotiated.
However, during the term of a lease, the landlord must abide by the agreed terms unless the document includes a clause allowing the rent to be changed.
In addition, Section 92.331 of the Property Code prohibits raising rent in retaliation against a tenant who in good faith exercises their legal or contractual rights.
What rights do tenants have in Texas?
Chapter 92 of the Property Code sets out various protections for tenants, both regarding habitability and against certain actions by landlords.
The law recognizes, among others, the following tenant rights:
- Request repairs, under Section 92.052, which establishes obligations for certain conditions that affect the health or physical safety of occupants.
- File complaints, under Section 92.331, which protects those who in good faith report certain housing code violations or utility problems.
- Participate in tenant organizations, also under Section 92.331, which protects those who create or take part in these groups.
- Exercise their contractual rights without landlords retaliating against those who demand that the lease be honored.
What is considered landlord retaliation?
Under Section 92.331 of the Texas Property Code, retaliation occurs when a landlord takes certain harmful actions against a tenant for having in good faith exercised their rights.
The law sets a six-month protection period after certain tenant actions and prohibits a landlord from retaliating through:
- Rent increases.
- Ending the lease.
- Starting eviction proceedings, except where allowed by law.
- Cutting back on services provided.
- Illegal restrictions on use of the home.
- Bad-faith conduct that substantially interferes with the tenant’s contractual rights.
Affected tenants may seek a civil penalty equal to one month’s rent plus US$500, in addition to actual damages, court costs and attorney’s fees.
Why does Texas not allow statewide rent control but does allow it at the city level in certain situations?
Section 214.902 of the Texas Local Government Code states that municipalities may impose rent controls only when certain extraordinary conditions are met:
To approve these measures, two main requirements must be met:
- Housing emergency: municipal authorities must determine that there is a housing emergency caused by a disaster, as defined in Section 418.004 of the Texas Government Code.
- Governor’s approval: the municipal ordinance must be approved by the governor of Texas before it takes effect.