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Clute is a small city in Brazoria County, Texas, located along the Gulf Coast near Lake Jackson and Freeport. Like many communities in Southeast Texas, Clute has a significant proportion of renters, many of whom work in the petrochemical and industrial sectors that define the regional economy. Understanding your tenant rights is especially important in a rental market where lease terms and landlord practices may not always be clearly communicated.
Texas state law governs the landlord-tenant relationship for Clute renters. There are no local rent control ordinances, no city-specific tenant protections beyond state law, and no Clute municipal housing code that goes further than what the state requires. That means your primary legal protections come from the Texas Property Code, which covers security deposits, repairs, retaliation, and the eviction process.
This page provides a plain-language overview of those protections. It is intended as informational only and does not constitute legal advice. If you face a housing dispute, contact a licensed attorney or one of the legal aid organizations listed below.
Clute has no rent control, and Texas law prohibits it. Under Tex. Prop. Code § 214.902, no city or county in Texas may enact an ordinance that controls or limits the amount of rent a landlord charges for residential property. This statewide preemption means that even if the Clute City Council wanted to pass a rent stabilization measure, it would be legally barred from doing so.
In practical terms, this means your landlord can raise your rent by any amount at any time — as long as they give you proper advance notice and are not doing so in retaliation for you exercising a legal right. For month-to-month tenants, a landlord must provide 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 expires, at which point the landlord may offer a renewal at a higher rate.
Renters in Clute should budget carefully for lease renewals, as there is no cap on how much rent can increase. If you believe a rent increase is retaliatory — for example, issued shortly after you complained about a repair — you may have protections under Tex. Prop. Code § 92.331 (see the state protections section below).
Texas law provides several meaningful protections for renters in Clute. Each is outlined below with the governing statute.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords must return your security deposit within 30 days of your move-out, accompanied by a written, itemized list of any deductions. If a landlord withholds your deposit in bad faith, a court may award you three times the amount wrongfully withheld, plus attorney's fees (§ 92.109). Texas does not cap the dollar amount a landlord may charge for a security deposit.
Habitability and Repairs (Tex. Prop. Code § 92.056): Your landlord is legally required to make repairs that materially affect your health or safety within a reasonable time after you submit a written repair request. If the landlord fails to act, you may have the right to: (1) terminate the lease; (2) use the repair-and-deduct remedy, which allows you to hire a contractor and deduct up to the lesser of $500 or one month's rent from your rent; or (3) pursue a rent reduction through the courts. You must be current on rent and must not have caused the condition yourself.
Notice to Terminate (Tex. Prop. Code § 91.001): A landlord must give a month-to-month tenant at least one month's written notice before terminating the tenancy. Tenants must also provide the same notice when they intend to vacate. For fixed-term leases, the lease end date itself serves as notice unless the lease auto-renews.
Anti-Retaliation (Tex. Prop. Code § 92.331): It is illegal for your landlord to raise your rent, reduce services, threaten eviction, or take any adverse action against you in retaliation for: filing a complaint with a housing inspector, requesting repairs in good faith, joining a tenant organization, or exercising any other legal right as a tenant. A court may award a retaliatory-action victim one month's rent plus $500, actual damages, court costs, and attorney's fees (§ 92.333).
Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): A landlord cannot lock you out of your unit, remove doors or windows, or interrupt utility service in order to force you to leave or pay rent. These self-help eviction tactics are illegal in Texas. If your landlord does this, you have the right to recover possession of the unit, and the landlord may owe you actual damages, one month's rent, $1,000, attorney's fees, and court costs.
Texas law governs security deposits for all Clute rentals. There is no state cap on the amount a landlord may charge, so the deposit amount is whatever you and your landlord agreed to in the lease.
Return Deadline: Your landlord must return your security deposit — or the remaining balance after lawful deductions — within 30 days of the date you surrender the property (vacate and return keys), under Tex. Prop. Code § 92.107. Surrender typically means the later of lease end or actual move-out with keys returned.
Itemized Statement Required: If the landlord makes any deductions, they must provide a written, itemized description of each deduction. The statement must be mailed to your last known forwarding address. If you did not provide a forwarding address, the landlord's deadline is extended, but they are still required to account for every dollar withheld.
Normal Wear and Tear: Landlords may not deduct for normal wear and tear — only for actual damage beyond ordinary use. Documenting your unit's condition with photos and a written move-in checklist is strongly recommended.
Penalty for Wrongful Withholding: Under Tex. Prop. Code § 92.109, a landlord who retains a security deposit in bad faith — without providing the itemized statement or without a legitimate basis for the deductions — may be liable to you for three times the amount wrongfully withheld, plus reasonable attorney's fees and court costs. The burden is on the landlord to prove the withholding was in good faith.
In Clute, evictions are governed by Texas state law. Landlords must follow a specific legal process; any shortcut is unlawful.
Step 1 — Written Notice to Vacate: Before filing in court, the landlord must give you a written Notice to Vacate. The minimum notice period depends on the reason: for nonpayment of rent, the default is 3 days (Tex. Prop. Code § 24.005), unless the lease specifies a shorter or longer period. For lease violations or end of tenancy, the notice period may be 3 days or as specified in the lease. Month-to-month tenants are entitled to at least one month's notice to terminate the tenancy itself (§ 91.001), but a 3-day notice to vacate for nonpayment is still valid even during that period.
Step 2 — Filing in Justice Court: If you do not vacate by the deadline in the notice, the landlord may file an eviction suit (called a forcible detainer action) in the Brazoria County Justice Court. You will be served with a citation stating the hearing date, which is typically set 10–21 days after filing.
Step 3 — The Hearing: Both you and the landlord appear before a justice of the peace. You have the right to present a defense. Common defenses include: the landlord failed to make required repairs, the eviction is retaliatory, you paid the rent owed, or the notice was improper.
Step 4 — Judgment and Writ of Possession: If the court rules for the landlord, you have 5 days to appeal to the County Court at Law or to vacate. If no appeal is filed, the landlord may obtain a Writ of Possession, which authorizes a constable to remove you and your belongings from the property.
Just Cause: Texas does not require a landlord to have just cause to evict a tenant once a lease has expired or proper notice has been given to end a month-to-month tenancy. However, a landlord may not evict you in retaliation for exercising a legal right (Tex. Prop. Code § 92.331).
Self-Help Eviction Is Illegal: A landlord who locks you out, removes your belongings, shuts off utilities, or otherwise tries to force you out without a court order is committing an illegal self-help eviction under Tex. Prop. Code § 92.0081. You can call local law enforcement and may sue the landlord for damages.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and local enforcement and court interpretations may vary. The statutes cited reflect Texas law as of the last updated date above but may have been amended since then. Renters in Clute facing a specific legal situation — including eviction, a security deposit dispute, or habitability concerns — should consult a licensed Texas attorney or contact one of the legal aid organizations listed above to get advice tailored to their circumstances. RentCheckMe is not a law firm and does not provide legal representation.
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