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Andrews is a small city in Andrews County in West Texas, situated in the heart of the Permian Basin oil patch. The local rental market is shaped largely by the energy industry, with housing demand — and sometimes rent levels — fluctuating alongside oil and gas activity. Many Andrews residents rent their homes, and understanding the legal protections that apply to their tenancies is essential, especially in a market where lease terms and landlord practices can vary widely.
Texas provides a solid baseline of tenant rights through the Texas Property Code, covering security deposits, habitability, anti-retaliation, and eviction procedures. Andrews has no additional local tenant protections beyond what state law provides, so all renters in Andrews look exclusively to Texas state statutes for their legal footing. Key concerns for Andrews renters typically include timely return of security deposits, landlord obligations to repair habitability issues, and understanding proper eviction procedures.
This page provides a plain-language summary of the laws most relevant to Andrews renters. It is informational only and does not constitute legal advice. Laws can change, and individual circumstances vary — if you have a specific dispute or legal question, contact a qualified attorney or legal aid organization.
Andrews has no rent control, and no Texas city does. Texas state law expressly prohibits any municipality or county from enacting an ordinance, order, or regulation that controls the amount of rent charged for private residential property. This prohibition is codified at Tex. Prop. Code § 214.902, which was enacted to create a uniform statewide rule preventing local rent regulation.
In practical terms, this means your landlord in Andrews can raise your rent by any dollar amount — there is no cap on increases, no requirement to justify the amount, and no rent registry or stabilization program. The only requirement is that the landlord give proper advance written notice of the change before it takes effect. For month-to-month tenants, that means at least one month's notice under Tex. Prop. Code § 91.001. For fixed-term leases, rent is locked in until the lease expires, at which point the landlord may propose any new rent amount for a renewal.
Renters hoping for local relief from rapid rent increases will not find it in Andrews. If affordability is a concern, organizations like Texas RioGrande Legal Aid may be able to help identify other housing assistance programs available in West Texas.
While Andrews has no local tenant ordinances, Texas state law provides several important protections that apply to every renter in the city.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Texas law does not cap the amount a landlord can charge for a security deposit. However, once you move out, the landlord must return your deposit — along with a written, itemized list of any deductions — within 30 days. Deductions are only permitted for unpaid rent, damage beyond normal wear and tear, and other lease-specified charges. If your landlord wrongfully withholds your deposit in bad faith, you may be entitled to three times the withheld amount plus attorney's fees under Tex. Prop. Code § 92.109.
Repairs & Habitability (Tex. Prop. Code § 92.056): Landlords in Andrews are legally required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, you must deliver written notice of the needed repair. If the landlord fails to act within a reasonable time (courts typically look at 7 days as a benchmark for urgent issues), you may have the right to repair-and-deduct — hire a licensed repair person and deduct the cost from rent, up to the lesser of $500 or one month's rent — or to terminate the lease. You must not be behind on rent and must have given proper written notice.
Notice to Terminate Tenancy (Tex. Prop. Code § 91.001): For month-to-month tenants, either party must give at least one month's written notice before terminating the tenancy. The notice period can be modified by a written lease agreement, but no lease can reduce the notice period to fewer than one month unless both parties agree in writing after the tenancy has begun.
Anti-Retaliation (Tex. Prop. Code § 92.331): Your landlord cannot retaliate against you for exercising a legal right. Protected activities include requesting repairs, contacting a housing code inspector, filing a complaint with a government agency, or participating in a tenants' organization. Retaliation can take the form of a rent increase, reduction in services, or an attempted eviction. If retaliation occurs within six months of a protected act, Texas law presumes the landlord acted in bad faith, and you may be entitled to damages of one month's rent plus $500, plus attorney's fees (Tex. Prop. Code § 92.333).
Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): A landlord in Andrews cannot lock you out of your unit, remove exterior doors or windows, or interrupt utility service in order to force you to leave without going through the formal court eviction process. These self-help eviction tactics are illegal. If your landlord does this, you have the right to regain entry and may sue for actual damages, one month's rent plus $1,000, attorney's fees, and court costs.
Security deposit rules for Andrews renters are governed entirely by Tex. Prop. Code §§ 92.101 through 92.109. There is no statutory cap on how much a landlord can charge as a security deposit in Texas, so the amount is set by the terms of your lease.
Return Deadline: After you vacate the unit, your landlord has 30 days to return your security deposit. If the landlord intends to make deductions, they must provide a written, itemized statement describing each deduction and the dollar amount. The landlord must send both the remaining deposit and the itemized statement together. If you did not provide a forwarding address, the 30-day clock does not start until you do.
Permitted Deductions: Landlords may only deduct for unpaid rent, physical damage to the unit beyond normal wear and tear, costs specified in the lease, and other actual losses. Normal wear and tear — such as minor scuffs, small nail holes, or carpet worn from ordinary use — cannot be charged back to you.
Penalty for Wrongful Withholding: If your landlord withholds all or part of your deposit in bad faith — meaning without a legitimate basis — you may sue and recover three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees (Tex. Prop. Code § 92.109). The burden is on the landlord to show any withholding was in good faith and based on actual damages. Keep thorough move-in and move-out documentation, including photos and written correspondence, to protect your claim.
Eviction procedures in Andrews are governed by Tex. Prop. Code Chapter 24 (Forcible Entry and Detainer) and the Texas Rules of Civil Procedure. A landlord must follow specific legal steps — there are no shortcuts.
Step 1 — Written Notice to Vacate: Before filing anything in court, the landlord must deliver a written Notice to Vacate. For nonpayment of rent, the minimum notice period is 3 days unless the lease specifies a longer period (Tex. Prop. Code § 24.005). For lease violations or month-to-month terminations, the minimum is typically one month (Tex. Prop. Code § 91.001), unless the lease sets a different period. Notice can be delivered in person, by mail, or by posting on the inside of the main entry door.
Step 2 — Filing in Justice Court: If you do not vacate by the deadline stated in the notice, the landlord may file an eviction (forcible detainer) suit in Andrews County Justice Court. You will receive a citation with the hearing date, typically set 10 to 21 days after filing.
Step 3 — The Hearing: Both parties appear before a Justice of the Peace. You have the right to present a defense — including that the notice was defective, rent was actually paid, or the landlord acted in retaliation. If the judge rules for the landlord, you have 5 days to appeal to County Court before a writ of possession can be issued.
Step 4 — Writ of Possession: If no appeal is filed and the judgment is final, the court issues a writ of possession authorizing a constable to remove you and your belongings from the unit. Only a constable — not the landlord — may enforce this writ.
Self-Help Eviction Is Illegal: At no point during this process may the landlord lock you out, remove doors or windows, cut off utilities, or remove your belongings without a court order. Doing so violates Tex. Prop. Code § 92.0081, and you may sue for actual damages, one month's rent plus $1,000, attorney's fees, and court costs.
Just Cause: Texas does not require landlords to have just cause to terminate a month-to-month tenancy or decline to renew a fixed-term lease. However, a landlord cannot evict you in retaliation for a protected activity under 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 can change, and the application of any law depends on the specific facts of your situation. Nothing here creates an attorney-client relationship. If you have a specific legal question or dispute, you should consult a licensed Texas attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties about the completeness or accuracy of this information and is not responsible for actions taken in reliance on it. Always verify current law with an attorney or authoritative legal source before making decisions about your tenancy.
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