Houston, Texas Tenant Rights: No Rent Control, Strong Repair Tools

Short answer: Houston tenant rights come almost entirely from Texas tenant rights in the Property Code, because state law blocks rent control and voucher-protection ordinances. What Houston adds is enforcement: a city habitability inspection program for complexes with three or more units, a local anti-retaliation rule, and a free eviction-defense coalition that covers all 16 Harris County justice courts.

Houston is a city of big garden-style apartment complexes, hurricane season and long, punishing summers. That shapes what tenants actually fight about here: broken air conditioning, water intrusion after storms, mold and fast evictions in justice court. This page focuses on the local tools for those problems, then gives the short version of the state rules.

Houston tenant rights at a glance

Topic	Houston rule	Source
Rent control	None. Cities may adopt it only after a disaster, with the governor’s approval	Loc. Gov’t Code § 214.902
Just cause	None; a lease can end at its term	Texas Property Code ch. 24, 91
Security deposit	No cap; refund within 30 days of surrender	Prop. Code § 92.103
Entry notice	No state statute; your lease controls	Lease terms
Eviction court	Justice Court in the Harris County precinct where the unit sits	Harris County Justice Courts
Key local agency	311 to Houston Public Works’ multifamily habitability inspectors	Houston Permitting Center

Why Houston has no rent control

Texas lets a city adopt rent control only in narrow circumstances. Under Local Government Code § 214.902, a governing body may do so only if it finds a housing emergency caused by a disaster as defined in the Government Code, and the governor approves the ordinance. Even then, rent control ends the same way the governor ends the disaster declaration. Houston has not adopted rent control, so your landlord can raise the rent by any amount at renewal, as long as the lease allows it and the increase isn’t retaliatory or discriminatory.

A second state law limits voucher protections. Local Government Code § 250.007 bars a city or county from prohibiting a landlord from refusing a renter whose income includes federal housing assistance, such as a Housing Choice Voucher. The only carve-out protects military veterans. So in Houston a landlord can lawfully decline Section 8, though not on the basis of race, disability, familial status or any other federally protected trait.

Repairs, air conditioning and the city’s inspectors

Houston’s most useful tenant tool is its multifamily habitability program. Ordinance 2009-1043 requires apartment properties with three or more units to register with the city, and Chapter 10 of the City Code sets minimum standards. Inspectors check for structural risks, electrical hazards, plumbing and mechanical violations and permit compliance. Every complex is meant to be inspected on a four-year cycle, and complaints made through 311 trigger service-request inspections.

The program page confirms owners are expected to fix violations quickly, “usually immediately,” and that the registration is valid for four years.

Houston closed the window-screen loophole

Air conditioning is the issue that sets Houston apart. A council item dated July 28, 2026 explains that Section 10-363 of the city code required rental owners to provide and maintain air conditioning in good operating condition, but exempted properties that provided window screens. According to Texas Housers, the nonprofit housing research group, City Council approved the Right to Air Conditioning ordinance on August 19, 2026, with only two members voting no. Owners then had 120 days to comply, using window units, portable units, central air or other refrigerated systems. Central air retrofits are not required.

If your unit came with central air and it breaks, you don’t have to wait on city enforcement. State law already makes a landlord repair a condition that materially affects an ordinary tenant’s health or safety once you give proper notice. Our Texas repairs and habitability guide walks through those steps.

Retaliation is a city violation too

Houston’s code adds its own protection: Sec. 10-365 prohibits retaliating against residents who report potential violations, and it borrows the state definition of retaliation from Subchapter H of Chapter 92. Our landlord retaliation guide explains what counts.

Proactive inspections for problem complexes

On May 6, 2026, City Council passed the Apartment Inspection Ordinance, which a council member’s announcement describes as replacing the old complaint-based system with mandatory, proactive inspections. The March 30, 2026 draft would designate a complex with ten or more citations in a six-month period as a high-risk rental building, with a separate registration and inspection program and fines of $250 to $2,000 per violation per day. Confirm the final figures in the adopted ordinance before citing them to your landlord.

Eviction in Houston: Harris County justice courts

An eviction suit must be filed in the Justice Court for the precinct of Harris County where the property is located, according to the county’s eviction FAQ. You have the right to a jury trial and to a lawyer of your choice, or you can represent yourself. Court clerks can’t give legal advice.

Before filing, your landlord generally must give at least three days’ written notice to vacate unless the lease sets a different period, under Property Code § 24.005. For a first-time nonpayment, that notice has to take the form of a notice to pay rent or vacate. Chapter 24 was amended by Senate Bill 38, with changes effective January 1, 2026, so older guides may describe outdated procedures. Use our eviction notice timeline to map the steps.

Appeals have their own trap. The county’s FAQ explains that a tenant who appeals a residential nonpayment judgment on a pauper’s affidavit must keep paying rent into the court registry; if the first deposit isn’t paid on time, the landlord can ask for a writ of possession, and the court must issue it without a hearing, even while the appeal goes forward. Statewide deadlines are in our Texas eviction process guide.

Free lawyers at every Harris County JP court

Harris County tenants have an unusual resource for Texas. Lone Star Legal Aid’s Eviction Right to Counsel Initiative is part of the Harris County Eviction Defense Coalition, with Houston Volunteer Lawyers and the law schools at South Texas College of Law Houston, Thurgood Marshall and the University of Houston. It covers all 16 justice of the peace courts and represents tenants who meet financial requirements. Attorneys regularly appear at some courts each week; arrive at least 30 minutes early and ask.

Worked example: a dead AC in August

Darnell rents a $1,250-a-month one-bedroom in a southwest Houston complex. The central air quits on August 4 and the indoor temperature climbs into the 90s.

Notice: because his rent is current, he gives written notice to the office where he pays rent, and sends it by certified mail so he doesn’t need a second notice under § 92.056. Our repair request letter generator builds the letter.
Waiting period: the statute presumes seven days is a reasonable time to repair, though the landlord can rebut that based on severity and parts availability.
City help: on day one he also calls 311 to request a habitability inspection. Sec. 10-365 protects him from retaliation for reporting.
Remedies if nothing happens: under § 92.0561 he may repair and deduct up to the greater of one month’s rent or $500, so $1,250 here, following the statute’s steps. Or he can sue in justice court under § 92.0563 for a repair order, a rent reduction, a civil penalty of one month’s rent plus $500 ($1,750 for him), actual damages and attorney’s fees.

Texas tenant rights baseline for Houston renters

Deposit: no statutory cap. The landlord must refund the deposit or account for it on or before the 30th day after you surrender the unit, under § 92.103. Details are in our Texas security deposit guide, and the demand letter tool helps you ask for it back.
Late fees: allowed only if in a written lease and rent is unpaid two full days after the due date. A fee is presumed reasonable at up to 12% of monthly rent in buildings of four or fewer units, or 10% in larger buildings, under § 92.019.
Utilities and lockouts: a landlord may not cut utilities except for bona fide repairs, construction or an emergency (§ 92.008), and lockouts and removal of doors or locks are restricted by § 92.0081.
Month-to-month endings: either side can end a monthly tenancy with notice, and it ends on the later of the date in the notice or one month after the notice is given, under § 91.001. A landlord who files to evict you for holding over must have followed this rule first. See month-to-month lease laws by state.
Parking and towing: in a multiunit complex, a landlord with towing or parking rules must give you a signed copy before you sign the lease, under § 92.0131. In a city where most renters drive, ask for that copy at move-in so a surprise tow doesn’t turn into a dispute.

Local help: who to call in Houston

311: habitability complaints at apartment complexes, routed to Houston Public Works inspectors.
Housing and Community Development Department: handles complaints at HCD-funded properties through its Complaints and Appeals Hotline, (832) 394-6200, Option 1, and points renters to the Greater Houston Fair Housing Center and HUD for discrimination, according to its tenant-landlord page.
2-1-1: the urgent help line the city lists for emergency needs, including rent help referrals.
Lone Star Legal Aid: eviction defense and civil legal aid, applied for online or by text from its eviction-defense page.

Frequently Asked Questions

Is there a limit on rent increases in Houston?

No. Texas law allows rent control only after a disaster declaration with the governor’s approval, and Houston has none. Your landlord can raise rent at renewal by any amount, provided it isn’t retaliation or discrimination.

Does my Houston landlord have to provide air conditioning?

Yes. City Council approved the Right to Air Conditioning ordinance on August 19, 2026, ending the old window-screen exemption, and gave owners 120 days to provide operable cooling such as a window or portable unit. If AC was provided and breaks, state repair law applies too.

Where will my eviction case be heard?

In the Harris County Justice Court for the precinct where your unit is located. You can request a jury and bring a lawyer.

Can a Houston landlord refuse my Section 8 voucher?

Yes. State law bars cities from requiring landlords to accept federal housing assistance, except for veterans. Refusing you because of race, disability or children is still illegal.

How do I get my apartment complex inspected?

Call 311 and report the condition. Complaints trigger a service-request inspection by the city’s habitability inspectors, and the city code protects you from retaliation for reporting.

How long does my landlord have to return my deposit?

Thirty days after you move out, but the landlord doesn’t have to refund or itemize until you give a written forwarding address.

This page is general information, not legal advice. If you’ve been served with an eviction suit in Harris County, apply to Lone Star Legal Aid’s eviction defense program right away and bring every notice and receipt to your hearing. For comparison, read San Antonio tenant rights or find your court through landlord-tenant court near me.

Nearby and related city guides: Dallas tenant rights, Austin tenant rights. See every city in our tenant rights by city index.