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Big Spring is a West Texas city of roughly 28,000 residents in Howard County, situated along Interstate 20 in the Permian Basin region. The local rental market reflects a working-class community with a mix of long-term residents, oil-industry workers, and households at various income levels. As in all Texas cities, renters here are governed entirely by state law, and tenant rights questions most commonly center on security deposit returns, repair requests, and the eviction process.
Texas law provides meaningful baseline protections for renters — covering habitability standards, deposit timelines, anti-retaliation rights, and the prohibition of self-help evictions — but it does not cap rent increases or require landlords to justify lease non-renewals. Understanding these state-level rules is essential for every Big Spring renter, whether you are signing a new lease or navigating a dispute with your landlord.
This page summarizes the tenant rights laws that apply to renters in Big Spring, TX as of April 2026. It is intended as general legal information only and is not a substitute for advice from a licensed attorney or qualified legal aid organization.
Big Spring has no rent control, and Texas law makes it impossible for any city or county to enact one. Under Tex. Prop. Code § 214.902, municipalities and counties in Texas are expressly prohibited from adopting any ordinance that controls the price of rent for residential housing. This statewide preemption has been in effect for decades and applies uniformly — from Houston to Big Spring.
In practical terms, this means your landlord in Big Spring can raise your rent by any dollar amount, at any time, as long as proper written notice is given before the increase takes effect. For month-to-month tenants, that notice period is at least one month under Tex. Prop. Code § 91.001. For tenants on a fixed-term lease, the rent is locked in for the duration of the lease term, but the landlord may propose a higher rent upon renewal with no legal cap on the increase.
There are no pending local ordinances in Big Spring that would change this situation. Renters concerned about large rent increases have no local regulatory remedy; their primary protections lie in reviewing their lease terms carefully and understanding the state-law notice requirements described below.
Texas law under the Property Code provides Big Spring renters with several important protections that apply regardless of what a lease says:
Habitability & Repairs (Tex. Prop. Code § 92.052–92.061): Landlords are legally required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, the tenant must deliver written notice of the needed repair and must not be behind on rent. If the landlord fails to repair within a reasonable time — generally interpreted as 7 days for urgent issues — the tenant may have the right to repair-and-deduct (up to the lesser of $500 or one month's rent), terminate the lease, or pursue other remedies under Tex. Prop. Code § 92.056. Habitability issues such as broken heating in winter, plumbing failures, or lack of hot water are classic examples covered by this statute.
Notice to Terminate Tenancy (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 the tenancy. You owe the same notice to your landlord. Lease agreements may specify a longer notice period, and if they do, that longer period controls.
Anti-Retaliation (Tex. Prop. Code § 92.331–92.333): A landlord cannot retaliate against a tenant for in good faith requesting repairs, contacting a housing code inspector, joining a tenant organization, or exercising any legal right. Prohibited retaliatory acts include rent increases, service reductions, threats, or eviction filings. If retaliation is proven, the tenant may recover one month's rent plus $500 in damages, attorney's fees, and other relief.
Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081 & § 92.008): Self-help eviction is illegal in Texas. A landlord may not change the locks, remove exterior doors or windows, or cut off electricity, water, or other utilities in order to force a tenant out. Violations entitle the tenant to re-entry, one month's rent plus $1,000 in damages, and attorney's fees. Tenants locked out without court process may call local law enforcement and seek emergency relief in a Justice of the Peace court.
Lease Disclosure & Good Faith (Tex. Prop. Code § 92.003): Landlords must disclose the name and address of the property owner (or an authorized agent) in writing. This information must be kept current so that tenants can properly direct repair requests and legal notices.
Security deposit rules in Big Spring are governed entirely by Texas state law under Tex. Prop. Code §§ 92.101–92.111. There is no local ordinance in Big Spring that modifies these rules.
No Statutory Cap: Texas law does not limit how much a landlord may charge as a security deposit. However, whatever amount is collected is subject to strict return and accounting requirements.
30-Day Return Deadline (Tex. Prop. Code § 92.103): After you vacate the unit and surrender possession, your landlord has 30 days to either return your full deposit or mail you a written itemized list of deductions along with the remaining balance. The clock starts when you vacate — not when the landlord re-rents the unit.
Itemized Statement Required (Tex. Prop. Code § 92.104): If the landlord withholds any portion of the deposit, they must provide a written description of each deduction and the dollar amount. Legitimate deductions are limited to unpaid rent, damages beyond normal wear and tear, and other specific lease-authorized charges. Normal wear and tear — routine scuffs, minor carpet wear, faded paint — cannot legally be deducted.
Penalty for Bad-Faith Withholding (Tex. Prop. Code § 92.109): If a landlord in bad faith retains a deposit, fails to provide an itemized statement, or provides a false accounting, they may be liable for three times the amount wrongfully withheld, plus $100, plus the tenant's reasonable attorney's fees. Courts have broad discretion in awarding these penalties, making compliance important for landlords and worth pursuing for tenants.
Forwarding Address Requirement: To protect your right to a timely return, provide your landlord with a written forwarding address when you move out. Under Tex. Prop. Code § 92.107, a landlord is not required to return the deposit until you have provided that address in writing.
Evictions in Big Spring follow the Texas eviction process established under Tex. Prop. Code Chapter 24 (the Forcible Entry and Detainer statute) and the Texas Rules of Civil Procedure. No local variations apply in Howard County.
Step 1 — Written Notice to Vacate (Tex. Prop. Code § 24.005): Before filing for eviction, a landlord must serve the tenant with a written Notice to Vacate. For nonpayment of rent, the notice period is at least 3 days unless the lease specifies a longer period. For lease violations or holdover tenancy, 3 days is also the minimum statutory notice. Month-to-month tenancies being terminated (not for cause) require the standard 1-month notice under § 91.001. The notice may be delivered in person, posted on the inside of the main entry door, or sent by certified mail.
Step 2 — Filing in Justice of the Peace Court: If the tenant does not vacate by the deadline stated in the notice, the landlord may file an eviction suit (called a Forcible Detainer) in the Justice of the Peace court for Howard County Precinct 1. The filing fee is set by the court. The court will schedule a hearing, typically within 10–21 days of filing.
Step 3 — The Hearing: Both the landlord and tenant have the right to appear and present their case. Tenants may raise defenses including improper notice, retaliation (Tex. Prop. Code § 92.331), failure to make required repairs, or payment of rent owed. If the judge rules in favor of the landlord, a judgment for possession is entered.
Step 4 — Writ of Possession: After a judgment for the landlord, the tenant has 5 days to appeal to County Court. If no appeal is filed, the landlord may request a Writ of Possession after the 5-day period, authorizing a constable to remove the tenant and their belongings.
Self-Help Eviction Is Illegal (Tex. Prop. Code § 92.0081): At no point in this process — before or after filing — may a landlord lock out the tenant, remove doors or windows, or shut off utilities to force a vacate. Doing so is a violation of state law, and the tenant may seek emergency relief and damages in court.
No Just Cause Requirement: Texas law does not require a landlord to have a specific reason to decline to renew a lease or to terminate a month-to-month tenancy. As long as proper notice is given, the eviction may proceed without the landlord stating a cause — except that retaliatory or discriminatory evictions are prohibited under § 92.331 and federal Fair Housing law.
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. If you are facing an eviction, a security deposit dispute, habitability problems, or any other housing legal matter, you should consult a licensed Texas attorney or contact a qualified legal aid organization in your area. RentCheckMe makes no guarantees about the accuracy or completeness of this information as of any date after April 2026.
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