Tenant Rights in Andrews, Texas

Key Takeaways

  • None — prohibited statewide by Tex. Prop. Code § 214.902
  • Must be returned within 30 days with itemized deductions; wrongful withholding can cost landlord 3× the deposit (Tex. Prop. Code § 92.109)
  • At least 1 month's written notice required to end a month-to-month tenancy (Tex. Prop. Code § 91.001)
  • No just cause requirement in Texas; landlords may non-renew for any lawful reason with proper notice
  • Texas RioGrande Legal Aid, Texas Law Help, Austin Tenants Council

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1. Overview: Tenant Rights in Andrews

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.

2. Does Andrews Have Rent Control?

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.

3. Texas State Tenant Protections That Apply in Andrews

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.

4. Security Deposit Rules in Andrews

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.

5. Eviction Process and Your Rights in Andrews

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.

6. Resources for Andrews Tenants

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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Frequently Asked Questions

Does Andrews have rent control?
No. Andrews has no rent control, and no city in Texas does. Texas state law expressly prohibits any municipality or county from enacting rent control ordinances under Tex. Prop. Code § 214.902. This means your landlord can charge or raise rent to any amount they choose, with no legal ceiling on increases.
How much can my landlord raise my rent in Andrews?
There is no limit on how much a landlord in Andrews can raise your rent — Texas law sets no cap on rent increases. For a month-to-month tenancy, your landlord must give you at least one month's written notice before a rent increase takes effect under Tex. Prop. Code § 91.001. For a fixed-term lease, your rent is locked in until the lease expires; any increase can only apply at renewal.
How long does my landlord have to return my security deposit in Andrews?
Your landlord has 30 days after you vacate to return your security deposit, along with a written itemized statement of any deductions, under Tex. Prop. Code § 92.107. If your landlord wrongfully withholds the deposit in bad faith, you can sue for three times the amount wrongfully withheld plus $100 and reasonable attorney's fees under Tex. Prop. Code § 92.109. Always provide a forwarding address in writing, because the 30-day clock starts when the landlord receives it.
What notice does my landlord need before evicting me in Andrews?
For nonpayment of rent, your landlord must give you at least a 3-day written Notice to Vacate before filing an eviction case in court, unless your lease requires a longer period (Tex. Prop. Code § 24.005). For terminating a month-to-month tenancy without cause, at least one month's written notice is required under Tex. Prop. Code § 91.001. Your landlord cannot file in Justice Court until that notice period has expired.
Can my landlord lock me out or shut off utilities in Andrews?
No. Self-help eviction is illegal in Texas. A landlord cannot lock you out, remove exterior doors or windows, or interrupt utility service to pressure you to leave without a court order, under Tex. Prop. Code § 92.0081. If your landlord does any of these things, 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.
What can I do if my landlord refuses to make repairs in Andrews?
Under Tex. Prop. Code § 92.056, your landlord must make repairs that materially affect health or safety after you give written notice of the problem. If the landlord fails to respond within a reasonable time (courts often look to 7 days for urgent issues), you may be able 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 terminate the lease. You must not be behind on rent and must have given proper written notice; consulting Texas Law Help or a legal aid attorney before taking action is strongly recommended.

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