Texas Rent Increase Notice

Introduction

Key Things to Know

1. 1

   A rent increase notice is the written notice a Texas landlord gives a tenant to raise the rent on a residential tenancy, stating the new monthly rent and its start date.

2. 2

   No Texas statute sets an advance-notice period for raising rent, so the rental agreement controls the timing of an increase.

3. 3

   If the lease names a notice period for a rent change, that period governs; many Texas landlords give at least a full rental period.

4. 4

   To end a month-to-month tenancy, one month notice, or one rent-paying period if shorter, is required unless a signed agreement sets a different period or waives notice (Texas Property Code Section 91.001).

5. 5

   Texas has no statewide rent cap and no rent control, so the landlord sets the new amount under the lease.

6. 6

   A Texas municipality may adopt rent control only if it finds a disaster-driven housing emergency and the governor approves the ordinance (Texas Local Government Code Section 214.902).

7. 7

   Rent under a fixed-term lease cannot rise mid-term unless the lease allows it; a change reaches a month-to-month tenancy or a renewal.

Texas Requirements for Rent Increase Notice

• No Statutory Rent-Increase Notice Period

  Texas has no statute that sets a specific advance-notice period to raise the rent, so the timing of a rent increase follows the lease or rental agreement. If the lease requires a notice period for a rent change, the landlord must give at least that much before the new rent applies.

• One Month Notice to End a Month-to-Month

  To end a month-to-month tenancy, Texas Property Code Section 91.001 requires one month notice, or one rent-paying period if the period is less than a month, unless the landlord and tenant have agreed in a signed instrument on a different period or that no notice is required. A rent increase notice changes the rent going forward and does not end the tenancy.

• No Statewide Rent Cap

  Texas has no statewide rent cap and no statewide rent control. The landlord may set the new amount, subject to the lease. There is no percentage limit on a Texas rent increase outside the narrow disaster situation that allows a city to adopt rent control.

• No Mid-Lease Increase on a Fixed Term

  Rent set by a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent change reaches a month-to-month tenancy or takes effect when a fixed-term lease renews.

• Municipal Rent Control Is Barred

  A Texas municipality may not adopt rent control unless its governing body finds a housing emergency caused by a disaster and the governor approves the ordinance (Texas Local Government Code Section 214.902). The city must continue or discontinue any such rent control in the same way the governor continues or discontinues the state of disaster.

• Delivery Follows the Lease

  Texas does not set a statutory delivery method or extra mailing days for a rent increase notice, so the landlord should give the notice in writing and follow the notice method the lease requires. For ending a month-to-month tenancy, notice of termination is given to the other party under Section 91.001.

• What the Notice Must State

  The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date. Because Texas sets no statutory notice period, the notice should give at least the notice the lease requires for a rent change and state how rent is to be paid going forward.

• Effective Date and Short Notice

  Because Texas sets timing by the lease rather than by statute, a rent increase that does not give the notice the lease requires does not take effect on the stated date; the prior rent continues until the lease notice period runs. On a fixed-term lease, the rent cannot change before the term ends unless the lease allows it.