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Alice is the county seat of Jim Wells County in deep South Texas, situated along U.S. Highway 281 in the Coastal Plains region. Like many small Texas cities, Alice has a significant renter population that relies primarily on state law for housing protections. Whether you are renting a house, apartment, or mobile home in Alice, the Texas Property Code is your primary source of legal rights as a tenant.
Renters in Alice most commonly ask about security deposit returns, what to do when a landlord refuses to make repairs, and what happens if a landlord tries to evict them without going to court. All three of these situations are addressed by Texas state law, which provides meaningful protections even though there is no local rent control or tenant-specific ordinance in Alice or Jim Wells County.
This page is intended as an informational guide only and does not constitute legal advice. Laws can change and individual circumstances vary. If you have a specific legal issue, consult a licensed Texas attorney or contact a free legal aid organization serving South Texas.
There is no rent control in Alice, Texas — or anywhere else in Texas. Texas state law explicitly prohibits cities, counties, and other local governments from enacting rent control ordinances. The preemption statute, Tex. Prop. Code § 214.902, states that a municipality or county may not enact, enforce, or maintain an ordinance or other measure that controls the amount of rent charged for privately owned residential or commercial property.
In practical terms, this means your landlord in Alice can raise your rent by any amount — there is no cap on rent increases, no required phase-in period, and no city agency that reviews or approves increases. The only requirement is that the landlord provide you with proper advance written notice before the increase takes effect (at least one month's notice for a month-to-month tenancy under Tex. Prop. Code § 91.001). If you are on a fixed-term lease, the landlord generally cannot raise your rent until the lease expires or you agree to an amendment.
Renters in Alice concerned about affordability should be aware that budgeting for potential increases at renewal time is important, as no local ordinance limits how much or how often rent can be raised once a lease term ends.
Even without local ordinances, Texas state law provides several important protections for renters in Alice:
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Texas law does not cap the amount a landlord may charge as a security deposit, but it does regulate how and when deposits must be returned. Your landlord must return your deposit — along with a written, itemized list of any deductions — within 30 days of you vacating the unit and providing a forwarding address. If the landlord wrongfully withholds your deposit in bad faith, you may be entitled to three times the amount wrongfully withheld, plus attorney's fees (Tex. Prop. Code § 92.109).
Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords in Texas are legally required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, you must give your landlord written notice of the needed repair and allow a reasonable time to fix it (generally 7 days for urgent issues). If the landlord fails to act, you may have the right to repair-and-deduct (up to the lesser of $500 or one month's rent), terminate the lease, or seek a court order compelling repairs.
Notice to Terminate (Tex. Prop. Code § 91.001): If you rent month-to-month, your landlord must give you at least one month's written notice before terminating your tenancy. You are entitled to the same notice period when ending the tenancy yourself. Lease agreements may specify longer notice periods.
Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord cannot raise your rent, reduce services, threaten eviction, or take other adverse action against you in retaliation for exercising a legal right — such as requesting repairs in writing, contacting a building inspector, or joining a tenant organization. If a landlord retaliates within six months of your protected activity, the law presumes retaliation occurred.
Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot lock you out of your unit, remove your doors or windows, or shut off your utilities to force you to leave. If a landlord does any of these things without a court order, you have the right to recover possession of the unit, one month's rent plus $500, attorney's fees, and actual damages.
Texas law does not set a maximum limit on the security deposit a landlord in Alice may charge. However, the rules governing return of deposits are strict and tenant-friendly.
Return Deadline: Under Tex. Prop. Code § 92.103, your landlord must return your security deposit no later than 30 days after you surrender the property (move out and return the keys) and provide a forwarding address in writing. If you do not provide a forwarding address, the 30-day clock does not begin to run.
Itemized Statement Required: If the landlord makes any deductions from your deposit, they must provide you with a written, itemized list of each deduction and the reason for it, delivered along with the remaining balance (Tex. Prop. Code § 92.104). Normal wear and tear cannot be deducted.
Penalty for Wrongful Withholding: If your landlord retains your deposit in bad faith — without providing an itemized list or without a legitimate reason — you may sue for three times the amount wrongfully withheld, plus reasonable attorney's fees (Tex. Prop. Code § 92.109). To preserve your rights, document your move-out condition with photos and videos, return keys promptly, and send your forwarding address in writing.
Pet Deposits: Texas law does not separately regulate pet deposits, but any amount held as a deposit is subject to the same 30-day return rule and itemization requirements.
In Texas, a landlord must follow a specific legal process to evict a tenant. Self-help evictions — where a landlord changes locks, removes belongings, or shuts off utilities without a court order — are illegal under Tex. Prop. Code § 92.0081.
Step 1 — Written Notice to Vacate: Before filing an eviction suit, the landlord must serve the tenant with a written notice to vacate. The required notice period depends on the reason for eviction and the lease terms. For nonpayment of rent, Texas law requires at least 3 days' written notice unless the lease specifies a different period (Tex. Prop. Code § 24.005). For month-to-month tenancies being terminated without cause, the landlord must give at least one month's notice (Tex. Prop. Code § 91.001).
Step 2 — Filing an Eviction Suit (Forcible Detainer): If you do not vacate after proper notice, the landlord may file an eviction lawsuit — called a forcible detainer action — in the Justice Court (small claims court) for Jim Wells County, Precinct 1, located in Alice. The filing triggers a court hearing, which is typically scheduled within 10 to 21 days of filing (Tex. R. Civ. P. 510.4).
Step 3 — Court Hearing: Both the landlord and tenant have the right to appear, present evidence, and contest the eviction. If the judge rules in the landlord's favor, a judgment for possession is entered. You have 5 days to appeal the judgment to the County Court at Law (Tex. R. Civ. P. 510.9).
Step 4 — Writ of Possession: If no appeal is filed and the tenant has not vacated, the court may issue a writ of possession, which authorizes a constable to remove the tenant and their belongings (Tex. Prop. Code § 24.0061). Only a constable or sheriff — never the landlord — may physically remove a tenant.
No Just-Cause Requirement: Texas law does not require a landlord to have a specific reason (just cause) to end a tenancy when it expires or with proper notice on a month-to-month lease. However, a landlord cannot evict you in retaliation for exercising a legal right (Tex. Prop. Code § 92.331).
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and fact-specific, and this page may not reflect recent changes to Texas statutes, local ordinances, or court interpretations. Renters in Alice, Texas should verify current laws and consult a licensed Texas attorney or contact a free legal aid organization such as Texas RioGrande Legal Aid (trla.org) before taking legal action or making decisions based on this information. RentCheckMe is not a law firm and no attorney-client relationship is created by using this site.
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