Tenant Rights in Cleburne, Texas

Key Takeaways

  • None — prohibited by Texas state law (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 Cleburne or under Texas state law; landlord may non-renew with proper notice
  • Texas RioGrande Legal Aid, Lone Star Legal Aid, Texas Law Help

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1. Overview: Tenant Rights in Cleburne

Cleburne is the county seat of Johnson County, located roughly 30 miles south of Fort Worth in the Dallas–Fort Worth metroplex. As the city has grown alongside North Texas's broader population boom, more residents rely on rental housing — making it increasingly important for Cleburne tenants to understand the legal protections available to them.

Cleburne has not enacted any local tenant protection ordinances, so renters in the city depend entirely on Texas state law for their rights. Texas law addresses key issues including security deposit returns, the landlord's duty to make repairs affecting health and safety, anti-retaliation protections, and the prohibition on self-help evictions. These protections apply to virtually every residential tenant in Cleburne regardless of lease type.

This page summarizes the tenant rights rules most relevant to Cleburne renters based on Texas statutes as of April 2026. This is general legal information only — it is not legal advice. If you have a specific dispute with your landlord, consult a licensed Texas attorney or a local legal aid organization.

2. Does Cleburne Have Rent Control?

Cleburne has no rent control, and no Texas city or county legally can. Texas state law explicitly preempts all local rent control ordinances under Tex. Prop. Code § 214.902, which prohibits any municipality or county from enacting an ordinance that controls the price of rent charged for residential housing. This preemption applies regardless of local housing market conditions.

In practice, this means a landlord in Cleburne may raise your rent by any amount — there is no cap on rent increases in Texas. The only constraint is timing and notice: for month-to-month tenancies, a landlord must give at least one month's written notice before a rent increase takes effect (Tex. Prop. Code § 91.001). For fixed-term leases, your rent is locked in until the lease ends; after that, the landlord may propose any new rate at renewal.

Renters who feel a rent increase is retaliatory — for example, issued shortly after making a repair request or filing a complaint — may have a defense under Texas's anti-retaliation statute (Tex. Prop. Code § 92.331), but there is no legal mechanism in Texas to challenge a rent increase simply because it is unaffordable or large.

3. Texas State Tenant Protections That Apply in Cleburne

Although Cleburne has no local tenant ordinances, Texas state law provides several meaningful protections that apply to all residential renters in the city.

Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords must return your security deposit — along with a written, itemized list of any deductions — within 30 days of the date you surrender the property. If the landlord wrongfully withholds any portion of the deposit in bad faith, you may recover three times the withheld amount plus $100, attorney's fees, and court costs (Tex. Prop. Code § 92.109). Texas does not cap the dollar amount a landlord may charge as a security deposit.

Repairs & Habitability (Tex. Prop. Code § 92.056): Every residential landlord in Texas has a statutory duty to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this duty, you must give written notice of the needed repair and allow a reasonable time for the landlord to act. If the landlord fails to comply, you may be entitled to terminate the lease, repair the problem yourself and deduct costs from rent (up to the lesser of $500 or one month's rent), or pursue civil remedies in justice court.

Notice to Terminate Month-to-Month Tenancy (Tex. Prop. Code § 91.001): A landlord must give at least one full calendar month's written notice before terminating a month-to-month tenancy. Tenants must give the same amount of notice to their landlord. Lease agreements may specify a longer notice period, but not a shorter one.

Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord may not retaliate against a tenant for exercising a legal right — including filing a repair request, contacting a housing inspector or government agency, or joining a tenant organization. Prohibited retaliatory acts include rent increases, service reductions, eviction threats, and lease non-renewal. If retaliation occurs within six months of a protected act, there is a rebuttable presumption in the tenant's favor (Tex. Prop. Code § 92.333).

Lockouts & Utility Shutoffs (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot change your locks, remove exterior doors or windows, or cut off your utilities to force you out of the unit. Violations entitle the tenant to regain entry, recover actual damages, one month's rent plus $1,000, and attorney's fees.

4. Security Deposit Rules in Cleburne

Texas law does not set a maximum dollar cap on security deposits, so a Cleburne landlord may charge any amount the parties agree to. However, once a deposit is paid, strict rules govern how it must be handled upon move-out.

Return deadline: Under Tex. Prop. Code § 92.103, a landlord must return the security deposit — or the remaining balance after lawful deductions — no later than 30 days after the tenant surrenders the dwelling (i.e., vacates and returns the keys). The landlord must also provide a written, itemized statement explaining every deduction made from the deposit.

Permissible deductions: A landlord may deduct for unpaid rent and for damages beyond normal wear and tear (Tex. Prop. Code § 92.104). Normal wear and tear — minor scuffs, carpet wear from ordinary use — cannot be charged against the deposit.

Penalty for wrongful withholding: If a landlord retains all or part of a deposit in bad faith — without a legitimate basis and without providing the required itemized statement — the tenant may sue and recover three times the amount wrongfully withheld, plus $100, reasonable attorney's fees, and court costs (Tex. Prop. Code § 92.109). To preserve your claim, always document the condition of the unit at move-in and move-out with dated photos, and send your forwarding address to the landlord in writing.

5. Eviction Process and Your Rights in Cleburne

Evictions in Cleburne follow the Texas eviction process governed by Tex. Prop. Code Chapter 24 and the Texas Rules of Civil Procedure. A landlord must follow every step of this process — there are no shortcuts.

Step 1 — Written Notice to Vacate: Before filing in court, the landlord must deliver a written Notice to Vacate. For nonpayment of rent, the minimum notice period is 3 days (Tex. Prop. Code § 24.005), unless the lease specifies a longer period. For lease violations other than nonpayment, 3 days' notice is also the statutory default. For month-to-month tenancies ending without cause, the landlord must give at least 1 month's written notice (Tex. Prop. Code § 91.001).

Step 2 — Filing in Justice Court: If the tenant does not vacate by the deadline in the notice, the landlord may file an eviction (forcible detainer) lawsuit in the Justice of the Peace Court for Johnson County Precinct 1 (located in Cleburne). The court will schedule a hearing, typically within 10–21 days of filing.

Step 3 — The Hearing: Both parties may appear and present evidence. If the judge rules for the landlord, a judgment for possession is entered. The tenant has 5 days to appeal to the County Court at Law (Tex. R. Civ. P. 510.9).

Step 4 — Writ of Possession: If the tenant does not appeal or vacate voluntarily after judgment, the landlord may request a Writ of Possession, authorizing a constable to supervise the removal of the tenant and their belongings (Tex. Prop. Code § 24.0061).

Self-Help Eviction Is Illegal: At no point may a landlord in Cleburne lock out a tenant, remove doors or windows, or shut off electricity, water, or gas to force a tenant to leave. These acts are prohibited under Tex. Prop. Code § 92.0081 regardless of whether the tenant owes rent. Violations entitle the tenant to damages, one month's rent plus $1,000, and attorney's fees.

No Just Cause Requirement: Texas law does not require landlords to have just cause to evict or non-renew a lease. A landlord may decline to renew a fixed-term lease for any lawful reason, or terminate a month-to-month tenancy with proper notice, without stating a reason. However, evictions motivated by the tenant exercising a legal right may constitute retaliation under Tex. Prop. Code § 92.331.

6. Resources for Cleburne Tenants

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. Renters in Cleburne, Texas with questions about a specific landlord dispute should consult a licensed Texas attorney or contact a qualified legal aid organization. RentCheckMe makes no warranty regarding the accuracy or completeness of the information on this page, and is not responsible for any action taken in reliance on it.

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Frequently Asked Questions

Does Cleburne have rent control?
No. Cleburne does not have rent control, and no Texas city or county can enact one. Texas state law explicitly prohibits local rent control ordinances under Tex. Prop. Code § 214.902. There is no cap on how much a landlord can charge or increase rent in Cleburne.
How much can my landlord raise my rent in Cleburne?
There is no legal limit on rent increases in Cleburne or anywhere else in Texas. For month-to-month tenants, the landlord must give at least one month's written notice before a rent increase takes effect (Tex. Prop. Code § 91.001). If you have a fixed-term lease, your rent is locked in until the lease expires. A rent increase may be challenged only if it appears to be retaliatory under Tex. Prop. Code § 92.331.
How long does my landlord have to return my security deposit in Cleburne?
Your landlord must return your security deposit — along with a written, itemized list of any deductions — within 30 days of the date you surrender the dwelling (Tex. Prop. Code § 92.103). If the landlord wrongfully withholds all or part of your deposit in bad faith, you can sue and recover three times the withheld amount, plus $100, attorney's fees, and court costs (Tex. Prop. Code § 92.109). Always document move-out conditions with photos and provide a forwarding address in writing.
What notice does my landlord need before evicting me in Cleburne?
For nonpayment of rent, Texas law requires a minimum of 3 days' written Notice to Vacate before your landlord can file for eviction (Tex. Prop. Code § 24.005), unless your lease requires longer notice. For a month-to-month tenancy, the landlord must give at least one full month's written notice to terminate (Tex. Prop. Code § 91.001). After the notice period expires, the landlord must still file in Justice Court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in Cleburne?
No. Self-help eviction is illegal in Texas. Under Tex. Prop. Code § 92.0081, a landlord may not change your locks, remove doors or windows, or disconnect your electricity, water, or gas to force you out — regardless of whether you owe rent. If your landlord does any of these things, you have the right to regain entry and may sue for one month's rent plus $1,000, actual damages, and attorney's fees.
What can I do if my landlord refuses to make repairs in Cleburne?
Under Tex. Prop. Code § 92.056, your landlord must make repairs that materially affect your health or safety after you provide written notice and allow a reasonable time to respond. If the landlord fails to act, you may have the right to terminate the lease, repair the issue yourself and deduct the cost from rent (up to the lesser of $500 or one month's rent), or sue in Justice Court for remedies. Keep copies of all written repair requests and document the problem with photos. If you need assistance, contact Lone Star Legal Aid or Texas Law Help.

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