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Burkburnett is a small city in Wichita County in North Texas, situated near the Oklahoma border and the larger city of Wichita Falls. Like all Texas municipalities, Burkburnett operates entirely under state tenant-protection law — the city has enacted no local landlord-tenant ordinances beyond what the Texas Legislature requires. For renters here, that means understanding the Texas Property Code is essential to knowing your rights.
Texas renters most commonly ask about security deposit returns, what happens when a landlord refuses to make repairs, and whether they can be evicted without warning. Texas law addresses each of these concerns directly: landlords must return deposits within 30 days, must maintain habitable conditions, and must follow a court process before removing any tenant. While Texas offers no rent control protections, the state's statutory framework does provide meaningful safeguards against retaliation, illegal lockouts, and squalid living conditions.
This page summarizes the Texas tenant protections that apply to Burkburnett renters. It is provided for informational purposes only and does not constitute legal advice. Laws can change, and individual situations vary — consult a licensed Texas attorney or a local legal aid organization for guidance specific to your circumstances.
Burkburnett has no rent control, and Texas state law prohibits any city or county from enacting it. Under Tex. Prop. Code § 214.902, a municipality may not adopt a rent control ordinance or otherwise regulate the price at which private residential property is rented. This preemption applies statewide, meaning no Texas city — regardless of size or local housing conditions — can cap rent increases or limit how often a landlord raises rent.
In practice, this means a Burkburnett landlord can raise your rent by any amount at any time, as long as proper notice is given before the increase takes effect. For month-to-month tenants, at least one month's advance written notice is required (Tex. Prop. Code § 91.001). For tenants with a fixed-term lease, the landlord generally cannot raise the rent until the lease term ends, unless the lease itself permits mid-term increases. Once the lease expires, however, any new rental rate may be proposed with appropriate notice.
Renters who cannot afford an increase have the option to negotiate, seek other housing, or, in limited circumstances, argue that a sudden rent spike constitutes retaliation for a protected activity such as requesting repairs (Tex. Prop. Code § 92.331). But there is no legal cap on the dollar amount of any increase in Burkburnett or anywhere else in Texas.
The Texas Property Code provides several baseline protections that apply to every residential rental in Burkburnett:
Habitability & Repairs (Tex. Prop. Code § 92.056): Landlords must make repairs that materially affect the health or safety of an ordinary tenant within a reasonable time after receiving written notice. If the landlord fails to act, a tenant may be entitled to repair-and-deduct remedies (up to the lesser of $500 or one month's rent), lease termination, rent reduction, or civil damages — provided the tenant is current on rent and has delivered at least two written repair requests or one request plus a notice of intent to exercise remedies.
Security Deposit Rules (Tex. Prop. Code §§ 92.101–92.109): Landlords must return the security deposit within 30 days of the tenant vacating, along with a written, itemized statement of any deductions. No deposit cap exists under Texas law, but wrongful withholding exposes the landlord to liability for three times the withheld amount plus attorney's fees.
Notice to Terminate (Tex. Prop. Code § 91.001): Either party to a month-to-month tenancy must give at least one month's written notice before terminating the tenancy. If a written lease specifies a different notice period, that period controls.
Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord may not retaliate against a tenant by raising rent, reducing services, filing or threatening eviction, or taking other adverse action because the tenant in good faith requested repairs, reported housing code violations to a government entity, or exercised any other statutory right. A presumption of retaliation arises if adverse action follows a protected activity within six months.
Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot change the locks, remove exterior doors or windows, or interrupt utility service in order to force a tenant out. If a landlord does so unlawfully, the tenant may recover possession, actual damages, one month's rent plus $1,000, attorney's fees, and court costs.
Texas imposes no statutory cap on the amount a landlord in Burkburnett may charge for a security deposit. A landlord may require any amount agreed upon in the lease, though market norms in smaller Texas cities often range from one to two months' rent.
Return Deadline: Under Tex. Prop. Code § 92.107, the landlord must return the security deposit — along with a written, itemized list of any deductions — within 30 days after the tenant surrenders possession of the unit. The tenant should provide a forwarding address in writing; if no address is provided, the 30-day clock does not begin until the landlord receives one, but the landlord is not excused from eventually returning the deposit.
Permissible Deductions: Landlords may deduct for unpaid rent, cleaning costs beyond normal use, and damage caused by the tenant beyond ordinary wear and tear (Tex. Prop. Code § 92.104). Normal wear and tear — such as minor scuffs or carpet wear from regular use — cannot be charged against the deposit.
Penalty for Wrongful Withholding: If a landlord retains all or part of a deposit in bad faith, the tenant may sue under Tex. Prop. Code § 92.109 and recover three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees. The burden shifts to the landlord to prove the withholding was reasonable once the tenant demonstrates the deposit was not returned within 30 days.
Tenants should document the condition of the unit at move-in and move-out with photographs and written records, and always provide a written forwarding address to start the 30-day clock.
Eviction in Burkburnett follows the Texas statutory process set out in Tex. Prop. Code Chapter 92 and Tex. R. Civ. P. Rules 738–755 (the Forcible Detainer rules). A landlord cannot remove a tenant without going through every step of this court process.
Step 1 — Written Notice to Vacate: Before filing any lawsuit, the landlord must serve the tenant with 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 other than nonpayment, 3 days is also the statutory default, though leases may require more. For month-to-month tenants whose tenancy is being terminated without cause, at least 1 month's written notice is required (Tex. Prop. Code § 91.001).
Step 2 — Filing a Forcible Detainer Suit: If the tenant does not vacate by the deadline in the notice, the landlord may file a Forcible Entry and Detainer (FED) suit in the Justice of the Peace court for Wichita County (Precinct jurisdiction covering Burkburnett). The filing fee is paid by the landlord.
Step 3 — Court Hearing: The court sets a hearing no sooner than 6 days and no later than 10 days after service of the citation (Tex. R. Civ. P. 510.4). Both parties may present evidence. The tenant has the right to appear, contest the eviction, and raise defenses such as retaliation (Tex. Prop. Code § 92.331) or the landlord's failure to make repairs.
Step 4 — Judgment and Writ of Possession: If the landlord prevails, the court issues a judgment for possession. The tenant has 5 days to appeal to the County Court at Law. If no appeal is filed, the landlord may obtain a Writ of Possession, which authorizes a constable to remove the tenant and their belongings.
Self-Help Eviction Is Illegal: At no point in this process may the landlord change locks, remove doors, or cut off utilities to force the tenant out. Doing so is a violation of Tex. Prop. Code § 92.0081 and entitles the tenant to actual damages, one month's rent plus $1,000, and attorney's fees. Texas does not require just cause for eviction — landlords may decline to renew a lease for any non-discriminatory reason — but they must always use the court process.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are subject to change, and the application of any law depends on the specific facts of your situation. Renters in Burkburnett, Texas with questions about their individual circumstances should consult a licensed Texas attorney or contact a qualified legal aid organization in their area. RentCheckMe makes no warranties regarding the completeness or accuracy of this information and is not responsible for actions taken in reliance on it.
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