Houston Landlord-Tenant Rules
Houston adds local rules on top of Texas landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| State preemption of local tenant rules | Houston has no local tenant bill of rights, eviction-notice rule, just-cause rule or rent regulation, and Texas law sharply limits what it could adopt. Cities may not adopt or enforce ordinances in any field the Texas Property Code occupies, which expressly includes ordinances that regulate evictions or that prohibit, restrict or delay a notice to vacate or an eviction filing. Since January 1, 2026, only the Legislature may modify or suspend eviction procedures, and courts may not require mediation or other pre-trial proceedings in eviction cases. Cities also may not bar landlords from refusing tenants whose rent includes federal housing assistance, such as Housing Choice Vouchers, except for military veterans. SB 38 enrolled text: https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00038F.htm. SB 267 enrolled text: https://capitol.texas.gov/tlodocs/84R/billtext/html/SB00267F.htm. These are enrolled bill texts, not the codified statutes (the statutes site would not render). HB 2127's constitutionality has been challenged in court, and its current status was not verified. |
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| Rental registration/inspection | Apartment properties with three or more units must register with the City under the Multi-Family Habitability Program (Multi-Family Rental Building ordinance, Ord. 2009-1043). Houston Permitting Center inspectors do scheduled programmatic inspections and inspections in response to 311 complaints. They mainly check building exteriors and common areas, such as stairways, balconies, railings, exterior lighting, walkways and visible structural problems. Owners get a notice of violation and time to fix problems, followed by a re-inspection. The inspection fee is a base charge of $134.28, plus $5.36 for each unit over 25. Fee amounts are from the City's committee feedback document: https://www.houstontx.gov/council/committees/econdev/20260330-joint-hac/Apartment-Ordinance-Feedback.pdf. |
| High-risk apartment inspection program | City Council adopted the High-Risk Apartment Inspection Program on May 6, 2026 (approved by the Mayor May 12, 2026; the ordinance took effect on approval under its emergency clause). An apartment building (3+ units) that receives 10 or more qualifying citations in a 6-month period is designated a 'high-risk rental building' (multiple citations on one day count as one). Qualifying citations include no valid certificate of occupancy, structural violations, orders to vacate or emergency repair orders, fire-safety system failures, sanitation/plumbing problems, electrical hazards, blocked exits and failure to fix cited violations on time. The owner must register within 15 days of the notice (registration lasts 6 months) and may appeal the designation within 15 days. The City must inspect within 30 days of registration and re-inspect within 30 days after that. A building that does not fix all violations in 6 months stays in the program 12 months, and repeat offenders are recorded in the county property records. A new owner must fix outstanding violations within 180 days (extensions up to 90 days for good-faith efforts). The City must list designated buildings online and post tenant resources and referrals. Violations are misdemeanors with fines of $250 to $2,000 per violation per day. The same ordinance raised the general apartment-habitability fine to $500 to $2,000 per violation per day (Sec. 10-159). Summary of the signed ordinance from the City Secretary's ordinance library. The program is new, so how many buildings are designated, and when, depends on City enforcement. The ordinance is enforced by City building officials; tenant repair rights still come from Tex. Prop. Code ch. 92. |
| Air conditioning (local habitability standard) | Houston's minimum building standards now require the owner to provide and maintain, in good working order, refrigerated air equipment in each habitable space that can keep the inside temperature at least 20 degrees Fahrenheit below the outside temperature or no higher than 80 degrees Fahrenheit. This requirement was added by Ordinance No. 2026-0732 (Aug. 19, 2026), which amended Sec. 10-363 after a council-member item filed on July 28, 2026. Owners must comply no later than the 120th day after the ordinance's passage and approval, and must make reasonable and continuous progress toward compliance before then. Units not cooled with refrigerated air must still have insect screens on exterior openings. Counting 120 days from Aug. 19, 2026 gives a compliance date of about Dec. 17, 2026; if the Mayor's approval came later, the deadline moves accordingly. Equipment installed in compliance with the building code in effect at the time is acceptable if it works safely. Council item: https://www.houstontx.gov/council/committees/propa/20260728/right-to-air-conditioning.pdf |
| Habitability/code enforcement & complaint line | Report apartment habitability problems to 311 (the Houston Permitting Center's multi-family habitability inspectors handle about 3,300-3,600 311 complaints a year). Direct contact: 832-394-8841, hpc.habitability@houstontx.gov, 1002 Washington Ave., 1st Floor. Residents of properties funded by the Housing and Community Development Department (HCD) can file complaints at 832-394-6200 or TenantLandlord@houstontx.gov. HCD contacts: https://houstontx.gov/housing/tenant-landlord.html Source: Houston Code Ch. 10, Art. IV |
| Fair housing (local protected classes) | No local protected classes beyond federal law were found. HCD's tenant page describes only the federal Fair Housing Act classes and refers discrimination complaints to HUD, the Texas Workforce Commission Civil Rights Division and the Greater Houston Fair Housing Center. Under state law, Houston cannot prohibit refusals of federal housing vouchers (Tex. Loc. Gov't Code Sec. 250.007). Whether Houston's Code of Ordinances has its own fair housing chapter was not checked against the code. Source: Official source |
Eviction cases in Houston are heard in: Harris County Justice Courts (Justice of the Peace), 8 precincts with 2 places each (16 courts); the suit must be filed in the precinct where the property is located
Eviction court, fees and help
Right to a lawyer in eviction cases
No guaranteed right to counsel. Harris County's Eviction Defense Program provides free legal advice and representation through Lone Star Legal Aid (832-927-4955) to county residents with household income at or below 200% of the federal poverty guideline. Official source
Local agencies
- Houston Permitting Center - Multi-Family Habitability Inspections — Registers apartment properties with 3 or more units, inspects them, and responds to 311 habitability complaints. 832-394-8841.
- Houston Housing and Community Development Department (HCD) — Tenant/landlord information and complaints for HCD-funded properties. 832-394-6200.
- Lone Star Legal Aid — Free civil legal aid, including eviction defense in Harris County justice courts. 713-652-0077.
- Harris County Eviction Defense Program / Houston-Harris County Eviction Intervention Program (as listed by the Harris County Justice Courts) — County-funded legal representation for qualifying tenants (Neighborhood Defender Services 713-208-5577; Lone Star Legal Aid 361-353-8428) and past-due rent help with landlord agreement (713-874-6609).
Frequently asked questions
What landlord-tenant rules does Houston add on top of Texas law?
← All Texas landlord-tenant rules
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.