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Boerne is a fast-growing city in Kendall County, situated along the Interstate 10 corridor about 30 miles northwest of San Antonio. As the Hill Country continues to attract new residents, Boerne's rental market has tightened, making it increasingly important for tenants to understand their legal rights. The city does not have its own tenant-protection ordinances, so renters in Boerne rely entirely on Texas state law for their baseline protections.
The most common questions Boerne renters ask involve security deposit returns, what happens when a landlord refuses to make repairs, and the proper eviction process. Texas law addresses all of these areas with specific statutes that give tenants meaningful — though limited — rights. Importantly, Texas prohibits rent control statewide, meaning a Boerne landlord may raise rent by any amount with proper notice, even if you are on a month-to-month lease.
This article summarizes the key Texas tenant-rights laws that apply to Boerne renters. It is provided for informational purposes only and does not constitute legal advice. If you have a specific legal dispute, contact a licensed Texas attorney or a legal aid organization serving Kendall County.
Boerne has no rent control, and Texas law prevents it from ever enacting one. Under Tex. Prop. Code § 214.902, no municipality or county in Texas may enact or enforce any ordinance or policy that controls the amount of rent charged for privately owned residential property. This statewide preemption applies to every city in Texas, including Boerne.
In practice, this means a landlord in Boerne can increase your rent by any dollar amount — whether at lease renewal or, on a month-to-month tenancy, with the required notice period. There is no cap on rent increases, no requirement to justify the amount of the increase, and no city agency to complain to about rising rents. The only protections against rent increases are (1) the terms of a fixed-term lease, which locks in your rent until expiration, and (2) the anti-retaliation statute (Tex. Prop. Code § 92.331), which prohibits a landlord from raising rent specifically in response to a tenant exercising a legal right such as requesting repairs.
Although Boerne has no local tenant ordinances, the following Texas state protections apply to every residential rental in the city.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Texas law does not cap the amount a landlord may charge for a security deposit, but it strictly governs how and when deposits must be returned. A landlord must return the deposit — along with a written, itemized list of any deductions — within 30 days of the tenant surrendering the property. Wrongful withholding can expose the landlord to liability for three times the amount wrongfully withheld, plus attorney's fees and $100 in additional damages (Tex. Prop. Code § 92.109).
Habitability & Repairs (Tex. Prop. Code § 92.056): Landlords in Texas must make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, the tenant must give written notice of the needed repair. If the landlord fails to repair within a reasonable time (generally interpreted as 7 days for urgent issues), the tenant may be entitled to: terminate the lease, have the repair made and deduct the cost from rent (up to the lesser of $500 or one month's rent), or sue for a rent reduction and other remedies. The tenant must be current on rent and must not have caused the condition to use these remedies.
Notice to Terminate (Tex. Prop. Code § 91.001): For month-to-month tenancies, either the landlord or tenant must give at least one month's written notice before terminating the tenancy. The parties may agree in writing to a different notice period, but that period cannot be less than one month. For fixed-term leases, the lease itself governs termination at the end of the term.
Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord may not retaliate against a tenant by raising rent, reducing services, evicting, or threatening to evict a tenant because the tenant in good faith: requested repairs, complained to a government agency about a code violation, exercised a right under the lease or Texas law, or organized with other tenants. Retaliation is presumed if adverse action is taken within six months of the tenant's protected activity. A tenant who prevails in a retaliation claim may recover one month's rent plus $500, actual damages, court costs, and attorney's fees (Tex. Prop. Code § 92.333).
Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot change the locks, remove doors or windows, or intentionally interrupt utility service to force a tenant out without obtaining a court order. If a landlord illegally locks out a tenant, the tenant may recover actual damages, one month's rent plus $500, attorney's fees, and court costs. In Boerne, a locked-out tenant should also contact Kendall County law enforcement, as the conduct may constitute a criminal offense.
Texas imposes no statutory cap on the amount a Boerne landlord may charge as a security deposit. Landlords may also charge a separate pet deposit or other move-in fees, which are governed by the lease agreement rather than by statute.
Return deadline: Under Tex. Prop. Code § 92.103, a landlord must return the security deposit no later than 30 days after the tenant surrenders the dwelling — meaning the tenant has vacated and returned the keys. If the landlord makes any deductions, they must provide a written, itemized statement of those deductions at the same time they return the remaining deposit (Tex. Prop. Code § 92.104).
Permissible deductions: A landlord may deduct for unpaid rent, damage beyond normal wear and tear, and other losses expressly authorized by the lease. Normal wear and tear — such as minor scuffs on walls or carpet fading — cannot be charged to the tenant.
Penalty for wrongful withholding: If a landlord in bad faith retains a security deposit or fails to provide the itemized statement, Tex. Prop. Code § 92.109 entitles the tenant to recover three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees. Courts may also award actual damages. To protect your rights, document the condition of the unit at move-out with photos and written notice of your forwarding address.
Forwarding address: The 30-day clock does not start until the tenant has both vacated the unit and provided a written forwarding address. Tenants should provide this address in writing at or before move-out to preserve their full statutory rights (Tex. Prop. Code § 92.107).
In Boerne, a landlord must follow the Texas eviction process — also called a forcible detainer action — under Tex. Prop. Code Ch. 24 and the Texas Rules of Civil Procedure. A landlord cannot remove a tenant without a court order.
Step 1 — Written Notice to Vacate: Before filing in court, the landlord must deliver a written notice to vacate. The required notice period depends on the reason for eviction:
Step 2 — Filing in Justice of the Peace Court: If the tenant does not vacate after the notice period expires, the landlord may file a forcible detainer petition with the Kendall County Justice of the Peace Court (Precinct 1 or the relevant precinct). The filing fee is modest, and the court will set a hearing date, typically within 10–21 days.
Step 3 — Court Hearing: Both parties may appear and present evidence. If the judge rules in the landlord's favor, a judgment for possession is entered. The tenant then has five days to vacate or appeal to the County Court at Law.
Step 4 — Writ of Possession: If the tenant does not vacate or appeal after the judgment, the landlord may request a writ of possession, directing a constable to remove the tenant and their belongings. Only a constable acting under a court order may carry out this removal.
Self-Help Eviction is Illegal: A Boerne landlord who changes locks, removes doors or windows, removes the tenant's property, or shuts off utilities to force a tenant out — without a court order — violates Tex. Prop. Code § 92.0081. The tenant may sue for one month's rent plus $500, actual damages, and attorney's fees, and may also seek an emergency court order to be reinstated immediately.
No Just Cause Requirement: Texas does not require landlords to have a specific reason (just cause) to terminate a tenancy at lease expiration or to decline to renew. Boerne has no local just-cause ordinance. However, any termination that is motivated by retaliation for the tenant's exercise of a legal right is prohibited 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 and local ordinances can change, and the applicability of any law depends on the specific facts of your situation. Renters in Boerne, Texas who have a legal dispute or need guidance on their specific circumstances should consult a licensed Texas attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties about the accuracy or completeness of this information and is not liable for actions taken in reliance on it.
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