Montgomery County, TX Rental Property Rules: Rent Control (2026)
Rent control rules in Montgomery County, TX, also known as rent stabilization or rent cap ordinances, limit annual rent increases and protect tenants from displacement.
Key Facts
- State Preemption
- LGC §214.902
- HB 2127
- Reinforces preemption
- Local Cap
- None possible
- Retaliation
- Banned §92.331
- Notice
- Per lease terms
Summary
Rent control is prohibited statewide under Texas Local Government Code §214.902. Montgomery County and its cities cannot cap rent increases. Landlords may raise rent to market rate with proper notice.
The governing body of a municipality may, by ordinance, establish rent control if: (1) the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004, Government Code; and (2) the governor approves the ordinance. The governing body shall continue or discontinue rent control in the same manner that the governor continues or discontinues a state of disaster under Section 418.014, Government Code.
Full Breakdown
Texas Local Government Code §214.902 bars any municipality or county from enacting rent control unless a local housing emergency is declared and approved by the governor: a threshold never met in modern Texas. HB 2127 (2023) further solidifies state preemption of local housing regulation. Montgomery County, Conroe, The Woodlands, Willis, and Magnolia therefore operate under pure market pricing. Month-to-month tenants may receive rent increases with the notice period specified in the lease, or a reasonable period (typically 30 days) if silent. Fixed-term leases lock the rent until renewal. Texas Property Code Chapter 92 still governs habitability, security deposits (§92.103), and retaliation (§92.331), which remains illegal even though rent levels are unregulated.
Violations & Fines
Rent increases without required lease notice: tenant may challenge or terminate. Retaliatory rent hike after repair request or code complaint: Property Code §92.333, one month's rent plus $500, attorney fees, and actual damages. No enforceable rent cap exists.
Frequently Asked Questions
Can Conroe or The Woodlands cap my rent?
How much notice must a landlord give for a rent increase?
Sources & Official References
Other rules in Montgomery County
Texas rules heatmap·Compare Montgomery County to another location·View the Texas rental property rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.