Texas landlords can double rents and tenants have no say. Is state law OK with that?

In Reality Check stories, Star-Telegram journalists dig deeper into questions over facts, consequences and accountability. Read more. Story idea? RealityCheck@star-telegram.com.

If you’re leasing a house or apartment in Texas, you should know that the landlord can legally double your rent. Texas doesn’t have any rent control laws which means landlords are free to increase rent by however much they want when its time for a lease to be renewed.

The reality of this has been expressed by renters on social media as they navigate a housing crisis in the state that once had a reputation for its affordability.

After living in the same Texas apartment for three years, a Reddit user posted, “Just yesterday we got our renewal letter and the lowest monthly rent for any term is more than double our current rent!! What gives? Is that legal? I feel like I should have been given more warning, but maybe not. I feel like I’m obligated to move out.”

Oregon was the first state to implement statewide rent control in 2019, according to LawDistrict.com, and under the law rent increases are restricted to 7% plus inflation during a 12-month period. California became the second state to implement rent control in 2020 and in most cases, a typical rent increase is restricted to 5%, plus inflation.

Texas law only allows cities to permit local rent control ordinances in certain cases. The city must determine that there is a housing emergency and a state of disaster must be declared. The ordinance has to get approved by the governor to take effect.

In Texas, the lease that a renter signs dictates how rent increases work, said Christopher Lee, a bankruptcy and tax attorney at the Lee Law Firm in Fort Worth.

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“A lease is a contract and there are guidelines in it so a landlord can’t raise the rent until the term is up. In a month-to-month lease, the landlord just has to give 30 days notice and they can raise it however much they want,” Lee said. “So if someone had a lease that expired and now it’s month-to-month or they just have a lease that goes short term, then 30 days notice is all a landlord needs to give. It really just depends on what type of lease a person has.”

The number of eviction filings in the Fort Worth area more than doubled between 2020 and 2023. Lee’s firm is one of many who’ve helped stop evictions by helping renters set up a payment plan.

“They call me and say ‘Mr. Lee I’m behind on my rent three months, I’m about to be evicted, I’m going to be homeless, and I’ve got three kids.’ In that situation I would file them a chapter 13 bankruptcy, which would put them in a payment plan to get caught up and they don’t have to leave,” he said.

For those facing a rent increase that they can’t afford, Lee recommends downsizing or moving in with a family member. He said during the current crisis he’s seen many family members living together again.

“I saw that a lot back in 2007 during the foreclosure crisis and the same thing is happening now. It’s like now, because people are being evicted and interest rates are so high to buy houses, the people that do have houses with low interest rates, all their family and friends are moving in,” Lee said. “Those are the things that I’m seeing happen that are actually working for people. So other than decreasing your quality of life, I think that may be a little bit better. “

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