Tenant Rights in Highland Village, Texas

Key Takeaways

  • None — prohibited statewide by Tex. Prop. Code § 214.902
  • Must be returned within 30 days of move-out 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 — landlords may non-renew with proper notice; eviction must follow court process under Tex. Prop. Code § 92.0081
  • Texas Law Help, Lone Star Legal Aid, Texas RioGrande Legal Aid

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1. Overview: Tenant Rights in Highland Village

Highland Village is a suburban city in Denton County, situated in the Dallas–Fort Worth metroplex along the shores of Lake Lewisville. While the city is relatively small — with a population around 16,000 — a meaningful share of residents rent, and many are unaware of the specific rights and obligations that govern their tenancies under Texas law.

Renters in Highland Village most commonly search for information about security deposit returns, landlord repair obligations, and what steps a landlord must follow before filing for eviction. Because Highland Village has enacted no tenant protection ordinances of its own, all renters in the city rely entirely on the protections provided by the Texas Property Code and related state statutes.

This page provides a plain-language summary of those state-level protections as they apply to Highland Village renters. It is intended for informational purposes only and does not constitute legal advice. Laws can change, and your specific situation may require the guidance of a licensed attorney or qualified legal aid organization.

2. Does Highland Village Have Rent Control?

Highland Village has no rent control, and Texas state law prohibits any municipality or county from enacting one. Tex. Prop. Code § 214.902 expressly preempts all local rent control ordinances, declaring that a municipality or county may not enact, enforce, or maintain any ordinance or regulation that controls the price of rent charged for residential housing. This preemption applies statewide, including Highland Village and the broader Denton County area.

In practice, this means your landlord in Highland Village may raise your rent by any amount, at any time, as long as proper written notice is given before the change takes effect. For month-to-month tenants, that means at least one month's advance written notice under Tex. Prop. Code § 91.001. For fixed-term lease tenants, rent increases typically take effect only at renewal, per the terms of your lease agreement. There is no cap, no required justification, and no city agency that reviews or approves rent increases in Highland Village.

3. Texas State Tenant Protections That Apply in Highland Village

Although Highland Village has no local tenant ordinances, Texas state law provides several important baseline protections for renters throughout the state.

Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords in Texas must return your security deposit — along with a written, itemized list of any deductions — within 30 days of your move-out date. If your landlord wrongfully withholds your deposit in bad faith, you may be entitled to recover three times the amount withheld, plus attorney's fees, under Tex. Prop. Code § 92.109.

Habitability & 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 receiving written notice from you. If the landlord fails to act, you may have the right to repair-and-deduct (up to the lesser of $500 or one month's rent), terminate the lease, or seek other judicial remedies. You must give written notice, allow reasonable time, and not be behind on rent to exercise these remedies.

Notice to Terminate Month-to-Month Tenancy (Tex. Prop. Code § 91.001): Either a landlord or tenant may terminate a month-to-month rental agreement by providing at least one month's written notice before the end of the next rental period. Your lease may specify a longer notice period, so review your agreement carefully.

Anti-Retaliation (Tex. Prop. Code § 92.331): It is illegal for a landlord to retaliate against a tenant for exercising a legal right — such as requesting repairs, reporting code violations to a housing inspector, or joining a tenants' organization. Prohibited retaliatory acts include raising rent, reducing services, filing a retaliatory eviction, or threatening any of these actions. If retaliation occurs within six months of a protected activity, Texas law presumes it to be retaliatory.

Lockouts & Utility Shutoffs (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord may not change your locks, remove doors or windows, or intentionally shut off your utilities to force you out without first obtaining a court order. Violating this provision entitles you to actual damages, one month's rent plus $1,000, attorney's fees, and injunctive relief.

4. Security Deposit Rules in Highland Village

Texas law governs security deposits for all Highland Village rentals. There is no statutory cap on the amount a landlord may charge as a security deposit in Texas, so the amount is set by the lease agreement.

Under Tex. Prop. Code § 92.103, your landlord must return your security deposit no later than 30 days after you surrender the premises — meaning you have vacated and returned the keys. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with the remaining balance of the deposit.

Normal wear and tear may not be deducted from your deposit. Under Tex. Prop. Code § 92.104, a landlord who retains a deposit or any portion of it must provide the itemized list; failing to do so in bad faith can cost the landlord your full deposit plus additional penalties.

If your landlord wrongfully withholds your deposit in bad faith, Tex. Prop. Code § 92.109 entitles you to recover three times the amount wrongfully withheld, plus reasonable attorney's fees and court costs. To protect your rights, document the condition of the unit at move-in and move-out with photos, provide a written forwarding address, and keep copies of all correspondence with your landlord.

5. Eviction Process and Your Rights in Highland Village

Highland Village landlords must follow the Texas court process to remove a tenant — there are no shortcuts. Self-help eviction methods such as changing locks, removing belongings, or shutting off utilities are prohibited by Tex. Prop. Code § 92.0081 and may expose the landlord to significant liability.

Step 1 — Notice to Vacate: Before filing in court, the landlord must serve you with a written Notice to Vacate. For non-payment of rent or lease violations, the minimum notice period is 3 days under Tex. Prop. Code § 24.005, unless your lease specifies a longer period. For month-to-month tenancies being terminated without cause, the landlord must give at least 1 month's written notice under Tex. Prop. Code § 91.001.

Step 2 — Eviction Suit (Forcible Detainer): If you do not vacate by the deadline in the notice, the landlord may file a Forcible Detainer (eviction) suit in the local Justice of the Peace court serving Denton County. You will receive a citation with the hearing date, typically scheduled within 10 to 21 days of filing.

Step 3 — Court Hearing: Both parties may present their case at the JP court hearing. If the judge rules in the landlord's favor and you do not appeal within 5 days, the court will issue a Writ of Possession. Under Tex. Prop. Code § 24.0061, a constable or sheriff — not the landlord — must execute the writ and supervise removal.

No Just Cause Requirement: Texas does not require a landlord to have just cause to decline to renew a lease or to terminate a month-to-month tenancy. A landlord in Highland Village may choose not to renew your lease for any lawful, non-retaliatory, non-discriminatory reason, as long as proper notice is given.

Illegal Lockouts: If your landlord locks you out without a court order, you may request that a JP court issue an order allowing you back in, typically on the same day you file the request, under Tex. Prop. Code § 92.0081(d).

6. Resources for Highland Village Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Texas and the specific rules that apply to Highland Village may change; always verify current statutes and ordinances with an attorney or a qualified legal aid organization. RentCheckMe is not a law firm and does not provide legal representation. If you have a specific legal problem or are facing eviction, contact a licensed Texas attorney or a legal aid organization serving Denton County as soon as possible.

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Frequently Asked Questions

Does Highland Village have rent control?
No. Highland Village has no rent control ordinance, and Texas state law prohibits any city or county from enacting one under Tex. Prop. Code § 214.902. This means there is no limit on how much a landlord can charge or increase rent in Highland Village.
How much can my landlord raise my rent in Highland Village?
There is no limit on rent increases in Highland Village or anywhere in Texas. Your landlord may raise rent by any amount, but must give proper advance written notice — at least one month's notice for month-to-month tenants under Tex. Prop. Code § 91.001. For fixed-term leases, rent increases generally take effect only at the time of renewal.
How long does my landlord have to return my security deposit in Highland Village?
Your landlord must return your security deposit, along with an itemized written statement of any deductions, within 30 days of the date you move out and surrender the unit under Tex. Prop. Code § 92.103. If your landlord wrongfully withholds the deposit in bad faith, you may be entitled to three times the withheld amount plus attorney's fees under Tex. Prop. Code § 92.109.
What notice does my landlord need before evicting me in Highland Village?
For nonpayment of rent or lease violations, your landlord must provide at least 3 days' written Notice to Vacate before filing an eviction suit in court under Tex. Prop. Code § 24.005 (unless your lease requires a longer period). For terminating a month-to-month tenancy without cause, at least one month's written notice is required under Tex. Prop. Code § 91.001. The landlord must then file a Forcible Detainer suit in Justice of the Peace court if you do not vacate.
Can my landlord lock me out or shut off utilities in Highland Village?
No. Self-help eviction is illegal in Texas. A landlord may not change your locks, remove doors or windows, or intentionally cut off your utilities to force you to leave without first obtaining a court order, as prohibited by Tex. Prop. Code § 92.0081. If this happens, you can seek immediate relief from a Justice of the Peace court and may be entitled to actual damages, one month's rent plus $1,000, and attorney's fees.
What can I do if my landlord refuses to make repairs in Highland Village?
Under Tex. Prop. Code § 92.056, your landlord must make repairs that materially affect your health or safety within a reasonable time after you provide written notice. If the landlord fails to act, and you are current on rent, you may have the right to repair-and-deduct (up to the lesser of $500 or one month's rent), terminate the lease, or pursue remedies in court. Keep all repair requests in writing and document the condition of your unit thoroughly.

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