General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- There is no statewide cap on rent increases.
- A landlord may not retaliate within six months after a tenant in good faith requests repairs or uses another legal right.
- No statute sets a notice period for rent increases; during a fixed term the lease controls, and a month-to-month tenant generally needs the same one month notice used to end the tenancy.
Texas has no statute that sets a notice period for rent increases. During a fixed term the lease controls, and for month-to-month tenants an increase effectively needs the same notice as ending the tenancy.
Texas rent increase notice at a glance
| Rule | Texas | Law |
|---|---|---|
| Notice before a rent increase | No statute sets a notice period for rent increases; during a fixed term the lease controls, and a month-to-month tenant generally needs the same one month notice used to end the tenancy. | Texas Property Code (no rent increase statute) |
| Statewide cap on increases | There is no statewide cap on rent increases. | Local Government Code section 214.902 |
| Retaliation protection | A landlord may not retaliate within six months after a tenant in good faith requests repairs or uses another legal right. | Property Code section 92.331 |
How much notice to give
Give the notice in writing, keep a copy and record how and when it was delivered.
Notice before a rent increase. No statute sets a notice period for rent increases; during a fixed term the lease controls, and a month-to-month tenant generally needs the same one month notice used to end the tenancy. (Texas Property Code (no rent increase statute))
Fixed-term leases
During a fixed-term lease, rent usually stays as written until the term ends unless the lease itself allows an increase. Plan increases for the renewal.
Caps that limit the increase
Statewide cap on increases. There is no statewide cap on rent increases. (Local Government Code section 214.902)
Rent control status. Cities and counties may not adopt rent control unless the governor approves it during a housing emergency caused by a disaster. (Local Government Code section 214.902)
Timing and retaliation
Retaliation protection. A landlord may not retaliate within six months after a tenant in good faith requests repairs or uses another legal right. (Property Code section 92.331)
Mistakes to avoid
- Raising rent during a fixed term without a clause that allows it.
- Sending the notice by text or email when the lease or the law calls for written delivery another way.
- Increasing rent right after a repair request or complaint.
- Not keeping proof of when the notice was delivered.
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General information, not legal advice.
Verify current law
We last checked these Texas rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Texas attorney about your situation.
Laws named on this page
- Texas Property Code (no rent increase statute)
- Local Government Code section 214.902
- Property Code section 92.331
Official sources
Texas forms for this topic
Letters and checklists for this topic
- Notice of Rent Increase · PDF or Word
- Rent Increase Letter · PDF or Word
- Lease Renewal Letter · PDF or Word
Where landlords trip up.
How much notice is needed to raise rent in Texas?
No statute sets a notice period for rent increases; during a fixed term the lease controls, and a month-to-month tenant generally needs the same one month notice used to end the tenancy. Source: Texas Property Code (no rent increase statute).
Is there a cap on rent increases in Texas?
There is no statewide cap on rent increases. Source: Local Government Code section 214.902.
Can a rent increase count as retaliation in Texas?
A landlord may not retaliate within six months after a tenant in good faith requests repairs or uses another legal right. Source: Property Code section 92.331.