Midland's Rental Property Rules: The Rules That Matter

Every city handles rental property rules a little differently. In Midland, Texas, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Repairs & Habitability

Midland's Minimum Housing Standards Code sets binding habitability rules for every rental dwelling, working plumbing, hot water, heat to 70°F, adequate light and ventilation, enforced through city inspection and a Housing Standards Board.

Key details: Required indoor heat: 70°F at 20°F outside. Water heater minimum: 20 gal, 120°F output. Vacate notice period: 30 days by registered mail. Max penalty: $500 per day, per violation.

Violating the Minimum Housing Standards Code is a misdemeanor punishable by a fine of not more than $500.00 per offense, with each day of noncompliance counted as a separate violation.

Just Cause Eviction

Texas has no just-cause eviction requirement, and Midland has not enacted one; state law fills the gap. Texas Property Code Sec. 24.005 forces every Midland landlord to serve written notice to vacate, at least three days for a defaulting or holdover tenant, before filing a forcible detainer suit in a Midland County justice court.

Key details: Standard notice: 3 days written notice to vacate. Foreclosure purchaser (residential): 30 days notice, tenant paying rent. Notice timing: Must fully expire before suit is filed. Delivery methods: Personal, door-affixed, or certified mail. Governing law: Tex. Prop. Code § 24.005, not Midland code.

A forcible detainer suit filed before the Sec. 24.005 notice period has fully run is defective; under Sec. 24.0051 the justice court citation must warn that failure to appear can result in a default judgment, and a tenant can challenge an undelivered or premature notice to block or delay the writ of possession. Improper delivery under subsections (f) or (f-1), such as mailing without also affixing a required door notice, restarts the notice clock and can force the landlord to re-serve before refiling.

The Bottom Line

Midland's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Midland is broadly strict or permissive.

This guide is based on Midland's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.