Tenant Rights in Donna, 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 result in 3× the deposit in damages (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 Texas; landlords may non-renew with proper notice
  • Texas RioGrande Legal Aid, Texas Law Help, Austin Tenants Council

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1. Overview: Tenant Rights in Donna

Donna is a small city in Hidalgo County in the Rio Grande Valley of South Texas, a region where a significant share of residents are renters and where affordable housing access is a persistent concern. Many Donna tenants rent modest single-family homes or apartments and may be unfamiliar with the legal protections that Texas state law provides — protections that apply regardless of what a lease says or what a landlord claims.

The most common questions Donna renters have involve security deposit returns, what happens when a landlord refuses to fix something, and what rights they have if served with an eviction notice. All of these are addressed by the Texas Property Code, which sets minimum standards that govern every residential tenancy in the state, including those in Donna and throughout Hidalgo County.

This page summarizes the tenant rights laws that apply to Donna renters as of April 2026. It is intended as an informational resource only and does not constitute legal advice. If you have a specific legal issue, contact a licensed Texas attorney or a free legal aid organization such as Texas RioGrande Legal Aid.

2. Does Donna Have Rent Control?

Donna has no rent control, and Texas law prohibits any city or county from enacting it. Under Tex. Prop. Code § 214.902, municipalities and counties in Texas are expressly preempted from adopting rent control ordinances. This means Donna's city government cannot cap rent increases, limit lease renewal prices, or regulate how much a landlord may charge — even if local leaders wanted to do so.

In practice, this means a landlord in Donna can raise your rent by any amount at the end of a lease term or, for month-to-month tenants, with the proper advance notice required by Tex. Prop. Code § 91.001. There is no state formula, no cap, and no required justification for a rent increase. Renters whose leases are up for renewal should be aware that they have no legal right to contest a rent increase — their options are to accept the new terms, negotiate, or move out.

While this is a significant limitation for renters in a tight housing market, Texas does provide meaningful protections in other areas — including security deposit rules, habitability standards, anti-retaliation law, and a prohibition on self-help eviction — as described in detail below.

3. Texas State Tenant Protections That Apply in Donna

Texas state law — primarily the Texas Property Code, Title 8 (Chapters 91–94) — establishes the core tenant protections that apply to every residential rental in Donna.

Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords in Texas are required to make repairs that materially affect the health or safety of an ordinary tenant. After you give your landlord written notice of a needed repair, the landlord must act within a reasonable time. If the landlord fails to repair, you may have the right to terminate the lease, repair the problem yourself and deduct the cost (up to the lesser of $500 or one month's rent), or pursue other remedies — provided you are current on rent and have given proper written notice. Renters in Donna should send repair requests in writing and keep a copy.

Notice to Terminate a Month-to-Month Tenancy (Tex. Prop. Code § 91.001): If you rent month-to-month, either you or your landlord must give at least one month's written notice before terminating the tenancy. This notice period can be modified by a written lease agreement, but may not be reduced to fewer than one month without your consent. Fixed-term leases end automatically at expiration unless renewed.

Anti-Retaliation Protection (Tex. Prop. Code § 92.331): Your landlord may not retaliate against you for exercising a legal right — such as requesting repairs, contacting a housing code inspector, complaining to a government agency, or joining a tenant organization. Prohibited retaliatory acts include raising rent, reducing services, filing an eviction, or threatening any of those actions within six months of a protected activity. If your landlord retaliates, you may be entitled to one month's rent plus $500 in damages, attorney's fees, and other relief under Tex. Prop. Code § 92.333.

Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081 & § 92.008): A landlord cannot change your locks, remove your doors, or cut off your utilities — including electricity, gas, or water — to force you out of your home. These self-help eviction tactics are illegal in Texas regardless of whether you owe rent. If your landlord illegally locks you out, you may recover possession, one month's rent plus $500, attorney's fees, and actual damages.

4. Security Deposit Rules in Donna

Texas law governs security deposits for all residential rentals in Donna under Tex. Prop. Code §§ 92.101–92.109.

No Cap on Deposit Amount: Texas does not limit how much a landlord can charge as a security deposit. The amount is whatever is agreed upon in the lease.

30-Day Return Deadline: After you vacate the rental unit, your landlord has 30 days to return your security deposit. If your landlord makes deductions, they must also provide a written, itemized statement explaining each deduction. The deadline starts from the date you surrender possession of the unit — meaning you return keys and vacate.

Forwarding Address: Under Tex. Prop. Code § 92.107, if you do not provide a forwarding address in writing, the landlord's obligation to return the deposit within 30 days does not begin until they receive your address. Always provide a written forwarding address when you move out.

Penalty for Wrongful Withholding: If your landlord wrongfully withholds your deposit or fails to provide the itemized statement in bad faith, you may recover three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees under Tex. Prop. Code § 92.109. This is a significant deterrent against landlord abuse of the deposit process.

Normal Wear and Tear: A landlord cannot deduct for normal wear and tear — only for actual damage beyond ordinary use. Document the condition of your unit with photographs at move-in and move-out to protect yourself.

5. Eviction Process and Your Rights in Donna

Evictions in Donna follow the Texas eviction process governed by Tex. Prop. Code §§ 24.001–24.011 and the Texas Rules of Civil Procedure. A landlord must follow every step of this legal process; there are no shortcuts.

Step 1 — Written Notice to Vacate: Before filing anything in court, the landlord must serve you with a written Notice to Vacate. The required notice period depends on the reason for eviction. For nonpayment of rent, the default is 3 days unless the lease specifies a different period (Tex. Prop. Code § 24.005). For lease violations or holdover tenants, notice periods may vary per the lease or statute. Notice can be delivered in person, posted on your inside front door, or sent by certified mail.

Step 2 — Filing an Eviction Suit (Forcible Detainer): If you do not vacate after the notice period expires, the landlord may file an eviction lawsuit — called a forcible detainer action — at the Justice of the Peace court in Hidalgo County. You will be served with a citation and given a hearing date, typically within 10 to 21 days of filing.

Step 3 — Justice of the Peace Hearing: Both you and the landlord appear before the Justice of the Peace. You have the right to present a defense. If you lose, you have 5 days to appeal to the County Court at Law, where you get a new trial. Filing an appeal may require posting a bond or making a rent deposit into the court registry.

Step 4 — Writ of Possession: If the landlord wins and you do not appeal or vacate, the court issues a Writ of Possession. A constable will post a 24-hour notice and then physically remove you and your belongings if necessary.

Self-Help Eviction Is Illegal: At no point in this process may a landlord lock you out, remove your doors or windows, cut off utilities, or remove your belongings to force you out. These acts are illegal under Tex. Prop. Code § 92.0081 and entitle you to recover damages, one month's rent plus $500, and attorney's fees.

No Just Cause Requirement: Texas does not require landlords to have a specific reason (just cause) to decline to renew a lease or to end a month-to-month tenancy with proper notice. However, evictions during a lease term must be based on a lease violation or nonpayment of rent.

6. Resources for Donna Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws can change, and their application depends on the specific facts of your situation. RentCheckMe makes no guarantees about the accuracy or completeness of this information. If you have a legal issue with your landlord, please consult a licensed Texas attorney or contact a free legal aid organization such as Texas RioGrande Legal Aid. Do not rely solely on this page when making legal decisions.

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Frequently Asked Questions

Does Donna have rent control?
No. Donna has no rent control ordinance, and Texas state law prohibits cities and counties from enacting rent control under Tex. Prop. Code § 214.902. This means landlords in Donna can charge any amount of rent they choose and can raise rent by any amount when a lease expires or, for month-to-month tenants, with proper advance written notice under Tex. Prop. Code § 91.001.
How much can my landlord raise my rent in Donna?
There is no limit on rent increases in Donna or anywhere in Texas — Tex. Prop. Code § 214.902 preempts all local rent control. For month-to-month tenants, the landlord must give at least one month's written notice before a rent increase takes effect under Tex. Prop. Code § 91.001. For fixed-term leases, rent cannot be changed during the lease term unless both parties agree in writing.
How long does my landlord have to return my security deposit in Donna?
Your landlord must return your security deposit within 30 days of you vacating the unit, along with an itemized written statement of any deductions, under Tex. Prop. Code § 92.103. If your landlord wrongfully withholds your deposit in bad faith, you can sue for three times the withheld amount plus $100 and attorney's fees under Tex. Prop. Code § 92.109. Be sure to provide your landlord with a written forwarding address at move-out, as the 30-day clock does not start until they have it (Tex. Prop. Code § 92.107).
What notice does my landlord need before evicting me in Donna?
Before filing an eviction lawsuit, your landlord must give you a written Notice to Vacate. For nonpayment of rent, this is typically 3 days' notice under Tex. Prop. Code § 24.005, unless your lease provides a longer period. For month-to-month tenancies being ended without cause, at least one month's written notice is required under Tex. Prop. Code § 91.001. After the notice period, the landlord must file a forcible detainer suit in Justice of the Peace court — they cannot simply remove you.
Can my landlord lock me out or shut off utilities in Donna?
No. Self-help eviction is illegal in Texas. Under Tex. Prop. Code § 92.0081, a landlord cannot change your locks, remove your doors or windows, or otherwise deny you access to your home without a court order. Under Tex. Prop. Code § 92.008, a landlord cannot interrupt your utilities — including electricity, gas, or water — to force you out. If your landlord does either, you may be entitled to recover possession of the unit plus one month's rent, $500, and attorney's fees.
What can I do if my landlord refuses to make repairs in Donna?
Under Tex. Prop. Code § 92.056, your landlord must make repairs that materially affect health or safety within a reasonable time after receiving written notice from you. If they fail to act, you may have the right to terminate the lease, repair the problem yourself and deduct up to the lesser of $500 or one month's rent, or seek a court order — as long as you are current on rent and have provided at least two written notices (or one if conditions are dangerous). Contact Texas RioGrande Legal Aid (trla.org) for help navigating this process.

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