State-Specific Tenant Protections

Texas Tenant Rights & Protections

Texas Fair Housing Act (Tex. Prop. Code Ch. 301) prohibits housing discrimination and is enforced by the Texas Workforce Commission Civil Rights Division (FHAP agency). The Texas Property Code (Ch. 92) governs landlord-tenant relations. Texas has no statutory cap on security deposits; deposits must be returned within 30 days with an itemized list of deductions. Month-to-month tenancies require 30 days' notice. Retaliation is prohibited (Tex. Prop. Code 92.331); landlords may not increase rent, reduce services, or file eviction within 6 months of a tenant exercising protected rights such as requesting repairs or reporting code violations.

Key Protections

What Texas Law Protects

Security Deposit Limit

No state cap

Eviction Notice Minimum

30 days

Retaliation Presumption

180 days

Rent Control

No statewide rent control

Fair Housing Protections

Texas Fair Housing Act

Tex. Prop. Code Ann. §§ 301.001-301.171

Protected Classes

RaceColorNational originReligionSexFamilial statusDisability

Filing Information

Filing Agency

Texas Workforce Commission, Civil Rights Division (TWC-CRD)

Filing Deadline

1 year (365 days) from the alleged discriminatory act

Visit Agency Website

Key Provisions

  • Closely mirrors the federal Fair Housing Act
  • TWC-CRD investigates complaints under worksharing agreement with HUD
  • Covers discrimination in rental advertising, terms/conditions, and provision of services
  • Protects against retaliation for filing complaints or participating in investigations
  • Texas does not add protected classes beyond the federal Fair Housing Act for housing

Available Remedies

  • Compensatory damages (actual losses)
  • Punitive damages
  • Injunctive relief (stop discriminatory practice, restore tenancy)
  • Attorney's fees and court costs
  • Civil penalties
Tenant Protection Laws

Additional Texas Tenant Protections

Texas Tenant Retaliation Protection

Tex. Prop. Code Ann. § 92.331

Texas Property Code Section 92.331 prohibits landlords from retaliating against tenants who exercise their legal rights. A landlord may not file an eviction, deprive the tenant of the use of the premises, decrease services, increase rent, terminate a lease, or materially interfere with tenant rights in retaliation for the tenant's protected activities. Texas provides a rebuttable presumption of retaliation if adverse action is taken within 6 months of the protected activity.

  • Landlord may not evict, raise rent, decrease services, or interfere with rights in retaliation
  • Rebuttable presumption of retaliation within 6 months of protected activity
  • Protected activities include: complaints about code violations to government agencies, exercising legal rights, organizing with other tenants
  • Provides minimum damages of one month rent plus $500
  • Provides both a cause of action for damages and a defense to eviction
Important Deadlines

Filing Deadlines in Texas

Missing a deadline can forfeit your legal claim. Know your windows.

Law / AgencyDeadlineFiled With
Federal Fair Housing Act (HUD)300 daysHUD (via state FHAP agency)
Federal Fair Housing Act (Court)2 yearsFederal or state court
TX FHA1 year (365 days) from the alleged discriminatory actTexas Workforce Commission, Civil Rights Division (TWC-CRD)

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Legal Disclaimer

This page provides general legal information about Texas tenant rights for educational purposes only. It is not legal advice, and no attorney-client relationship is created. Laws change frequently; verify current statutes with your state agency or a qualified attorney. If you believe your rights have been violated, consult a licensed landlord-tenant attorney in Texas.