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Rental Property Rules

How Houston Handles Rental Property Rules: A Practical Guide

By CityRuleLookup Editorial Team

Houston maintains 186 local ordinances across all categories, and 7 of those deal specifically with rental property rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Houston falls on the strict-to-permissive spectrum compared to other cities.

Source-of-Income Discrimination

Houston has not adopted a source-of-income antidiscrimination ordinance, so private landlords may legally refuse Section 8 vouchers, SSI, or housing-subsidy income; Texas state law preempts most local SOI protections.

Key details: Houston ordinance: None exists. State preemption: TX Local Gov't Code Section 250.007. Federal status: Not protected under FHA. Disparate impact: Still actionable under FHA.

There is no Houston SOI ordinance to violate. Voucher rejections become discriminatory only when used as pretext for race, disability, familial status, or national origin discrimination, which remain federally protected under the Fair Housing Act.

If you are coming from a city with tighter rules, you will find Houston gives residents more flexibility on source-of-income discrimination.

Repairs & Habitability

City ordinance sets minimum habitability standards for multi-family rental buildings of three or more units, requiring Fire Code and life-safety compliance, building-numbering rules, and a posted bilingual tenant notice.

Key details: Citation: Houston Code § 10-155. Applies to: MFRBs with 3+ units. Notice: Bilingual, posted near mailboxes. Penalty: $500-$2,000 fine per day. Enforced by: Building official.

Any MFRB owner who violates the habitability standards is guilty of a misdemeanor, fined $500 to $2,000; each violation, and each day it continues, is a separate offense (Sec. 10-159).

No-Fault Evictions

Texas Property Code Chapter 24 allows landlords to terminate month-to-month tenancies or refuse to renew fixed-term leases without cause, requiring only proper written notice; Houston imposes no just-cause requirement.

Key details: Statute: TX Property Code Ch. 24 and 91. Month-to-month notice: 30 days written. Notice to vacate: 3 days minimum before filing. Just-cause required: No, except subsidized units. Court: Justice of the Peace court.

Landlord skipping written notice or filing eviction before the notice period expires loses the case in justice court. Tenants may also raise retaliation defenses under Section 92.331 if eviction follows a complaint about repairs.

The rules around no-fault evictions in Houston lean permissive, but that does not mean anything goes.

Tenant Anti-Harassment

Texas Property Code Section 92.331 prohibits landlord retaliation for a narrow set of tenant actions, but Houston has no Tenant Anti-Harassment Ordinance like Los Angeles or Seattle covering broader landlord harassment.

Key details: Retaliation statute: TX Property Code Section 92.331. Lookback window: 6 months from protected activity. Damages: 1 month rent plus $500 minimum. TAHO ordinance: None in Houston. Lockout penalty: 1 month rent plus $1,000.

Retaliation within six months of protected activity triggers Section 92.333 damages. Unauthorized entry, lockouts (Section 92.0081), and utility shutoff (Section 92.008) are separate violations with their own remedies, including one month's rent plus $1,000 for illegal lockout.

Houston is more permissive than most cities when it comes to tenant anti-harassment. That said, there are still limits.

Security Deposit Rules

Texas Property Code Section 92.103 requires landlords to refund a tenant's security deposit within 30 days of move-out, with itemized deductions for damage beyond normal wear and tear; Houston has no stricter local rule.

Key details: Refund deadline: 30 days after move-out. Statute: TX Property Code Section 92.103. Bad-faith penalty: $100 plus 3x wrongful amount. Deposit cap: None under Texas law. Forwarding address: Tenant must provide in writing.

A landlord who fails to return the deposit or provide written itemization within 30 days is presumed to have acted in bad faith. Tenants may sue in justice court for $100, triple damages, and attorney fees under Section 92.109.

If you are coming from a city with tighter rules, you will find Houston gives residents more flexibility on security deposit rules.

Just Cause Eviction

Houston has NO local just-cause eviction ordinance. Texas is a no-cause termination state under Tex. Prop. Code § 91.001: a month-to-month tenancy may be ended by either party on 30 days' written notice without stating a reason. Fixed-term leases may be terminated for breach under Tex. Prop. Code Ch. 24.

Key details: Local Ordinance: None: state law governs. Month-to-Month Termination: 30-day notice, no cause required (§ 91.001). Notice to Vacate: 3 days minimum, Tex. Prop. Code § 24.005. Retaliation Window: 6 months from protected act (§ 92.331). Eviction Court: Justice of the Peace court for the precinct.

There is no city enforcement of just-cause grounds in Houston. A tenant facing retaliatory eviction may raise it as a defense in the justice-court forcible-detainer case and may sue under Tex. Prop. Code § 92.333 for one month's rent plus $500, actual damages, court costs, and attorney fees. Wrongful lockouts violate Tex. Prop. Code § 92.0081 with civil penalty of one month's rent plus $1,000.

If you are coming from a city with tighter rules, you will find Houston gives residents more flexibility on just cause eviction.

Rental Registration

Houston requires owners of multi-family rental buildings that rack up ten or more code citations in a six-month span to register in the city's High-Risk Rental Building Inspection Program. The building official designates the property as an HRRB, the owner or manager must enroll within fifteen days of notice, and registration runs for six months while inspectors track corrections under Code of Ordinances Chapter 10, Article IV, Division 2.

Key details: Registration trigger: 10+ code citations on the building within 6 months. Registration term: 6 months from HRRB designation notice. Enrollment deadline: 15 days after notice of designation. Penalty range: $250 to $2,000 per violation, per day. Appeal window: 15 days; hearing officer rules within 30 business days.

Failing to register a designated HRRB, or letting a violation go uncorrected past the deadline, is a misdemeanor punishable by a fine of $250 to $2,000, with each violation and each day it continues charged as a separate offense. Building-official-designated inspectors issue notices of violation and citations. A manager accepting a citation as the owner's agent avoids personal liability by promptly giving the enforcing official the owner's current name, address, and phone number under Texas Local Government Code Sections 250.003 and 250.004.

The Bottom Line

Compared to many U.S. cities, Houston gives residents more room on rental property rules. 5 of the 7 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

All of the above reflects Houston's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.