Do you own a rental property in Houston? Between surprise repairs, rising costs, and nonstop preemption headlines, it’s hard to know which rules actually apply.
This quick read turns landlord-tenant law into practical steps, what a landlord must lock into a clear legal document (your lease), and what Texas tenants can expect, so you finish with fewer surprises and more control.
Key Takeaways
- HB 2127 is in force and preempts city rules in fields covered by state codes, including the Texas Property Code.
- Eviction timing and notices are state-controlled, so use a statute-compliant written notice before filing.
- Money rules are statewide: follow security deposit laws, apply deposits to unpaid rent/late fees, and issue receipts for cash rent payments.
- Landlord responsibilities remain: make bona fide repairs affecting health and maintain required security devices.
Why Preemption Matters to Landlords
In Texas, preemption means cities can’t enforce local rules in areas that state law already covers. HB 2127 (“Texas Regulatory Consistency Act”) writes this into multiple codes, including the Property Code, and requires city rules to match state law.
For landlords and tenants generally, local ordinances can’t add eviction steps or delay notices; state rent rules control. Use a state-compliant lease agreement (including any lease early options) and follow landlord-tenant law timelines.
The Act also lets businesses sue over preempted ordinances while leaving city powers that are expressly authorized.
What Can Cities Not Do Now?
Houston can’t adopt anything resembling rent control, impose extra eviction steps, or expand protected classes beyond fair housing laws without express authority from a federal or state statute.
If a city tries to regulate in an occupied field and a landlord fails to comply with that local ordinance, the ordinance itself may be unenforceable; still, prudent Texas landlords follow state baselines to avoid disputes.
Rent, Notices, and Timing
Your rental agreement should clearly state due dates, define what constitutes late rent, and outline how fees are calculated. Additionally, under Texas law, late fees must be reasonable and directly tied to actual costs.
If rent isn’t paid, serve a written notice stating the default (ideally by certified mail with return receipt requested) before filing; log late payments and violations to support court costs.
Texas generally doesn’t allow tenants to withhold rent for repairs; tenants must keep paying while you fix qualifying issues, and a landlord's failure to address health triggers code timelines.
When you terminate the lease or end a lease period, ensure that notice windows and procedures are clear in the agreement.
For holdover tenants, set the increased rate in writing, often one month's rent (sometimes phrased as a month's rent), and specify when you may file.
Issue receipts for cash payments and keep copies of checks/money orders with the file.
Where utility service paid by the landlord is involved, never resort to self-help by causing a shutoff; that invites penalties and defenses.
Deposits, Damages, and “Normal Wear and Tear”
Texas security deposit laws allow you to apply the deposit to unpaid charges, including lawful late fees and damage beyond normal wear and tear, as well as to cover unpaid rent. Document move-in/move-out with photos and invoices; when a tenant pays late or leaves balances, that record supports deductions.
If a tenant organization or civic/nonprofit requests the accounting, respond on time to avoid a civil penalty. Return the deposit or itemized statement within the deadline; send to the last known address as required.
Lastly, if personal property is left in the rental unit, follow the statutory storage and notice steps before disposal.
Repairs, Habitability, and Security Devices
Repair duties are primarily at the landlord's expense when conditions materially affect physical health or safety. The code allows bona fide repairs after proper notice and access; if there’s a housing code violation, involve the governmental entity responsible for inspections.
Your property must have required security devices, including sliding door security bars, sliding door pin locks, keyless deadbolts, and peepholes. Don’t rely on an ordinary tenant to know these rules.
If a landlord fails to install or rekey required devices, that’s a landlord's duty issue that can lead to remedies and, in extreme cases, defenses against eviction.
Ending or Changing the Tenancy
Some renters want early lease termination options. Your lease agreement can offer a negotiated lease termination fee set out as a separate written document or addendum. Spell out any advance notice requirements, how late fees accrue, and when a landlord may deduct for damages.
If other tenants remain after a roommate leaves, clarify liability for unpaid rent across the remaining lease term and what happens at the end of the rental period.
Enforcement & Litigation Posture
When filing an eviction lawsuit, attach the written notice, the written lease, your ledger of rent payments, and any communications. Judges expect clear paperwork. Ask for court costs and, if authorized, attorney’s fees. Keep communications professional and factual, especially if a governmental entity or aid group (civic or nonprofit agency) is assisting the tenant.
Remember: preemption does not erase tenant rights under the Texas Property Code or fair housing laws; it simply narrows what cities can add on top.
Preemption Quick Hits for Houston
- Houston cannot enact rent control or local rules that delay notices or filings.
- City add-ons that conflict with the Texas Property Code are likely preempted.
- Use state-compliant notices, keep proof of delivery (certified mail, return receipt requested), and align templates with state timelines.
- If a landlord fails to follow state steps, you risk losing an otherwise winnable case.
Practical Checklist
- Lease files: include the signed written agreement, addenda, and any separate written document on fees or security devices.
- Notices: always provide written notice; use certified mail or hand-delivery with a written receipt.
- Money: log rent payments, late fees, unpaid rent, and cash rent payments with receipts.
- Deposits: follow security deposit laws; itemize beyond normal wear and tear only.
- Repairs: document bona fide repairs; never cause an electric service interruption.
- Eviction: verify grounds (lease violations, late rent), then file; request court costs.
- Communication: coordinate with any civic or nonprofit agency involved; keep tone professional.
Bottom Line & Next Steps
Texas preemption (HB 2127) means Houston landlords should operate from state rules first: align leases and notices with the Texas Property Code, use statewide timelines for rent, repairs, deposits, and evictions, and watch 2025 updates that fine-tune procedures. The payoff is consistency across properties, and fewer surprises from city hall.
Ready to simplify compliance and protect your ROI? Residential Leasing & Management Co. will audit your lease packet, lease or rental agreement, notices, deposit workflows, and eviction process, update them to current Texas law, and manage day-to-day enforcement so that you can focus on growth.
Reach out to schedule a quick compliance tune-up!
FAQ
Can Houston implement rent control or additional eviction procedures?
No, preemption blocks city add-ons that conflict with the Texas Property Code.
What if a tenant fails to pay rent?
Serve proper written notice (ideally certified mail) and, if unresolved, file an eviction lawsuit and seek court costs.
May tenants withhold rent for repairs?
Generally, no; tenants must use the repair-and-remedy process while landlords address qualifying issues.
How should deposits be handled?
Itemize beyond normal wear and tear, apply to unpaid rent or lawful late fees, and return on time per security deposit laws.
Additional Resources
Houston Landlord’s Guide to Eviction Procedures and Best Practices
Squatter’s Rights in Houston: A Guide for Landlords to Navigate the Law
