Texas Housing Resources & Tenant Rights

Texas gives renters fewer statutory protections than most large states, and the rules are set almost entirely at the state level. The key statutes are the Texas Property Code — Chapter 24 (eviction), Chapter 92 (security deposits, repairs, and habitability) — and the Texas Fair Housing Act (Property Code Chapter 301). The biggest recent change is Senate Bill 38, which overhauled the eviction process effective January 1, 2026. There is no rent control, and state law bars cities from forcing landlords to accept Housing Choice Vouchers. The Texas Department of Housing and Community Affairs (TDHCA) is the state housing agency. This page covers the statewide rules, the SB 38 changes, the eviction timeline, and links to every Texas city we cover.

Public Housing & Vouchers in Texas

Section 8 Housing Choice Vouchers and public housing are run by local public housing authorities — the Houston Housing Authority, the Dallas Housing Authority, the San Antonio Housing Authority (Opportunity Home), and dozens of others. For parts of the state without a local PHA, the TDHCA Section 8 program serves households at or below 50% of area median income (tdhca.texas.gov). TDHCA also allocates the Low-Income Housing Tax Credits behind income-restricted apartments — search HUD’s LIHTC database or read how to find LIHTC housing.

Apply to several PHAs at once — you are not limited to your home city. Use HUD’s PHA directory or our how to find your PHA and how to apply for Section 8 guides. City-specific waitlist status is on the city pages linked below.

Texas Eviction Law Just Changed: Senate Bill 38 (2025)

Governor Abbott signed SB 38 on June 20, 2025, and it took effect January 1, 2026, amending Chapter 24 of the Property Code. It is the most significant rewrite of Texas eviction procedure in years. Key points for tenants:

• Notice to vacate stays at 3 days. For nonpayment, the landlord must still give at least 3 days’ written notice to pay or vacate before filing — unless your lease sets a different period
• Faster timelines. In clear cases where an occupant has no lease or legal claim (the “squatter” track), justice courts must rule within roughly 10 to 21 days of filing — much faster than before
• Electronic notice. Starting in 2026, a notice to vacate may be delivered electronically if both sides have agreed to electronic communication
• Justice court only, no counterclaims. Eviction suits decide only the right to possession. The justice court cannot decide who owns the property and generally will not hear counterclaims or add third parties — you may need a separate case for damage claims
• Venue. Suits are filed in the precinct where the property sits, with limited transfers to an adjacent precinct

If you are a tenant with a lease, you are not a “squatter,” and the normal eviction protections still apply. Read understanding landlord notices and how to avoid eviction.

Emergency Rental Assistance in Texas

The statewide Texas Rent Relief program (the pandemic-era fund) has ended — if you are told to apply to it, that information is out of date. Current help is local and program-based:

• Dial 211 (or visit 211texas.org) to be routed to whatever local emergency rental and prevention funds are open near you
• Community Action Agencies (CAAs) in every region administer crisis assistance and the Comprehensive Energy Assistance Program (CEAP) — the Texas version of LIHEAP — through TDHCA. Lowering your utility bill frees up cash for rent; see utility assistance programs
• The Salvation Army, Catholic Charities, and St. Vincent de Paul run one-time emergency rental and utility assistance in most Texas cities
• Continuum of Care / rapid re-housing through local nonprofits — reach it through your regional Coordinated Entry system (call 211)

See our emergency rental assistance guide for the national picture.

Texas Tenant Law: Key Protections at a Glance

Source of income & the voucher preemption

Texas has no statewide source-of-income protection, and under Local Government Code 250.007 a city or county cannot pass an ordinance forcing landlords to accept Housing Choice Vouchers. There are two important carve-outs: the law does not block protections for military veterans’ lawful source of income, and it does not block voluntary incentive programs that encourage landlords to take vouchers. In practice, part of using a voucher in Texas is finding landlords who already participate — ask your PHA for its participating-landlord list, and read our source-of-income protections guide.

Security deposits

Texas sets no cap on security deposits. Under Property Code 92.103, the landlord must refund the deposit within 30 days after you surrender the unit and give a forwarding address, with an itemized list of any deductions. A landlord who keeps a deposit in bad faith can be liable for $100 plus three times the wrongfully withheld amount plus your attorney’s fees (Property Code 92.109). Document the unit’s condition with photos at move-in and move-out; see how to recover your security deposit.

Repairs & habitability

Property Code Chapter 92, Subchapter B requires landlords to make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant. To use these rights you generally must be current on rent and give written notice (certified mail helps). If the landlord still doesn’t fix the problem, Texas law provides limited “repair and deduct” and termination remedies. Keep copies of every request.

Eviction process & how long it takes

Self-help eviction is generally illegal — a landlord cannot remove your belongings or shut off your utilities to force you out, and must go through court to actually evict. (Texas does allow a narrow, lease-authorized lockout for nonpayment under Property Code 92.0081, but the landlord must give you a key on request and may not bar you permanently.) The standard sequence is:

• 3-day notice to vacate (or the period in your lease)
• Eviction suit filed in the justice of the peace (JP) court for the precinct; you are served a citation
• Trial typically set about 10–21 days after filing; appear and bring your lease, receipts, and photos
• Judgment, then appeal window: you generally have 5 days to appeal to county court
• Writ of possession: if you do not move or appeal, the landlord can request a writ; a constable posts a 24-hour notice before removing you

An uncontested Texas eviction often runs about three weeks to a month from the first notice to a constable lockout, though appeals extend it. The most important step is to show up at your JP hearing. Get help and forms at TexasLawHelp.org.

Major Texas Cities We Cover

City pages carry local PHA waitlist status, named rental-assistance programs, and shelter contacts:

• Houston affordable housing resources
• Dallas affordable housing resources
• San Antonio affordable housing resources
• Austin affordable housing resources
• Fort Worth affordable housing resources
• El Paso affordable housing resources

Where to Get Help in Texas

Free legal aid: TexasLawHelp.org has eviction-answer forms and connects you to Texas RioGrande Legal Aid, Lone Star Legal Aid, and Legal Aid of NorthWest Texas.

State housing agency: TDHCA for the statewide Section 8 program, LIHTC, and energy assistance.

Find your local PHA: HUD’s PHA directory or our how to find your PHA guide.

211 helpline: dial 2-1-1 or visit 211.org for rental help, shelters, and utility assistance.

HUD fair housing: file at hud.gov/reporthousingdiscrimination or call 1-800-669-9777.

Next Steps

Not sure where to start? Our Where to Start tool routes you to the right mix of Texas programs in about two minutes based on whether your need is an emergency or long-term.

If you have a notice to vacate, do not wait for the court date: get an eviction-answer form at TexasLawHelp.org and read eviction prevention. Showing up to your JP hearing is the single most important thing you can do.