Tenant Rights in Kerrville, Texas

Key Takeaways

  • None — prohibited statewide by Tex. Prop. Code § 214.902
  • Must be returned within 30 days with itemized deductions; wrongful withholding may result in 3× the deposit in damages (Tex. Prop. Code § 92.109)
  • At least 1 month written notice required to end a month-to-month tenancy (Tex. Prop. Code § 91.001)
  • No just-cause requirement in Kerrville; landlord need not give a reason to terminate a lease with proper notice under Texas law
  • Texas RioGrande Legal Aid, Austin Tenants Council, Texas Law Help

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1. Overview: Tenant Rights in Kerrville

Kerrville is a small city of roughly 24,000 residents in the Texas Hill Country, situated along the Guadalupe River in Kerr County. As with many mid-size Texas cities, a significant share of residents rent their homes, and questions about landlord obligations, eviction procedures, and deposit returns rank among the most common tenant concerns in the area.

Kerrville has no local tenant protection ordinances beyond what Texas state law provides. That means your rights as a renter in Kerrville are governed entirely by the Texas Property Code, Title 8, which covers security deposits, habitability, retaliation, lockouts, and the eviction process. While Texas law does not include rent control, it does provide meaningful protections that every renter in Kerrville should understand.

This article is intended as an informational overview only and does not constitute legal advice. Laws can change and individual circumstances vary — if you have a specific legal problem, contact a qualified attorney or a free legal aid organization serving Kerr County.

2. Does Kerrville Have Rent Control?

Kerrville has no rent control, and Texas state law makes it illegal for any city or county to enact one. Under Tex. Prop. Code § 214.902, municipalities and counties in Texas are expressly prohibited from adopting rent control ordinances. This preemption applies statewide, meaning no city in Texas — including Kerrville — can cap how much a landlord charges or limit annual rent increases.

In practical terms, your landlord in Kerrville may raise your rent by any amount at any time, as long as proper written notice is provided before the increase takes effect. For month-to-month tenants, that means at least one month of advance written notice under Tex. Prop. Code § 91.001. For tenants with a fixed-term lease, rent cannot be changed until the lease term ends unless the lease itself allows for mid-term adjustments.

There is one important limitation: a landlord may not raise your rent in retaliation for you exercising a legal right, such as requesting repairs or contacting a code enforcement agency. Retaliatory rent increases are prohibited under Tex. Prop. Code § 92.331, discussed further below.

3. Texas State Tenant Protections That Apply in Kerrville

Texas state law provides several important protections for renters in Kerrville. Each protection is outlined below with the relevant statute.

Habitability & Repairs (Tex. Prop. Code § 92.056): Landlords are legally required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, you must give your landlord written notice of the needed repair and be current on rent. If the landlord fails to repair within a reasonable time (generally interpreted as 7 days for urgent issues), you may be entitled to terminate the lease, pursue a rent reduction, or use the repair-and-deduct remedy — up to the lesser of $500 or one month's rent — under Tex. Prop. Code § 92.0561.

Security Deposit Rules (Tex. Prop. Code §§ 92.101–92.109): Landlords must return your security deposit — along with an itemized written statement of any lawful deductions — within 30 days of you surrendering the property. Deductions may only cover unpaid rent and damages beyond normal wear and tear. Wrongful withholding can expose the landlord to liability for three times the withheld amount plus reasonable attorney's fees.

Notice to Terminate Tenancy (Tex. Prop. Code § 91.001): For month-to-month rental agreements, either party must provide at least one month's written notice before terminating the tenancy. The lease itself may specify a different notice period, but it cannot be shorter than what the statute requires unless both parties agree in a separate written agreement after the tenancy begins.

Anti-Retaliation (Tex. Prop. Code § 92.331): Your landlord cannot retaliate against you for exercising your legal rights. Prohibited retaliatory actions include raising rent, reducing services, filing an eviction, or threatening any of these actions because you requested repairs, contacted a building inspector, complained to a government agency, or exercised any right under the lease or Texas law. Retaliation within six months of a protected activity creates a legal presumption in your favor.

Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord may not change your locks, remove doors or windows, or interrupt your utilities — including water, electricity, or gas — to force you to leave. Violating this provision entitles you to regain possession, recover one month's rent or $500 (whichever is greater), reasonable attorney's fees, and other damages.

4. Security Deposit Rules in Kerrville

Texas law governs security deposits for all Kerrville rentals under Tex. Prop. Code §§ 92.101 through 92.109. Here is what you need to know:

No Statutory Cap: Texas does not limit the dollar amount a landlord can charge for a security deposit. Your landlord in Kerrville may require any deposit amount they choose, though it must be disclosed in your lease.

30-Day Return Deadline: After you vacate the premises and surrender possession, your landlord has 30 days to return your deposit. If the landlord claims deductions, they must provide an itemized written description of each deduction along with the remaining balance. The 30-day clock generally starts when you vacate and the landlord receives your forwarding address.

Permissible Deductions: Landlords may only deduct for unpaid rent and for damage to the unit that exceeds normal wear and tear. Routine cleaning and minor scuffs from ordinary use are not valid deductions under Texas law.

Penalty for Wrongful Withholding: Under Tex. Prop. Code § 92.109, a landlord who wrongfully withholds your deposit — or fails to provide a timely itemized statement without a valid reason — may be liable for three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees. The landlord loses the right to retain any portion of the deposit if they do not provide the required written statement on time.

Practical Tip: Document the condition of the unit at move-in and move-out with dated photographs. Always provide your forwarding address in writing before or at the time you vacate to start the 30-day clock.

5. Eviction Process and Your Rights in Kerrville

Evictions in Kerrville follow the Texas eviction (forcible detainer) process set out in Tex. Prop. Code §§ 24.001–24.011 and the Texas Rules of Civil Procedure. Landlords must follow every step of this process — there are no shortcuts.

Step 1 — Written Notice to Vacate: Before filing in court, the landlord must give you a written notice to vacate. The required notice period depends on the situation: for nonpayment of rent, the default is 3 days (Tex. Prop. Code § 24.005), though your lease may specify a longer period. For month-to-month tenants whose tenancy is being terminated without cause, the landlord must provide at least one month's written notice under Tex. Prop. Code § 91.001. The notice must be delivered in person, by posting on the inside of the main entry door, or by certified mail.

Step 2 — Filing in Justice Court: If you do not vacate after the notice period expires, the landlord may file an eviction petition in the Kerr County Justice Court (Justice of the Peace Court). A hearing is typically scheduled within 10–21 days of filing.

Step 3 — Court Hearing: Both you and your landlord have the right to appear and present your case. If the judge rules in the landlord's favor, a judgment for possession is entered. You have 5 days to appeal to the County Court at Law if you disagree with the ruling.

Step 4 — Writ of Possession: If you do not appeal or vacate after a final judgment, the landlord may obtain a writ of possession authorizing the constable to remove you from the property. Only a constable or sheriff may physically enforce a writ — the landlord may not do so personally.

No Just-Cause Requirement: Texas does not require landlords to have a specific reason (just cause) to end a month-to-month tenancy or decline to renew a lease, as long as proper notice is given. However, a landlord cannot use the eviction process to retaliate against a tenant for exercising legal rights under Tex. Prop. Code § 92.331.

Self-Help Eviction Is Illegal: Regardless of any dispute, your landlord cannot lock you out, remove your belongings, shut off utilities, or take any other self-help measure to force you to leave. Doing so violates Tex. Prop. Code § 92.0081 and entitles you to damages and immediate restoration of possession.

6. Resources for Kerrville Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Texas can change, and the application of any law depends on the specific facts of your situation. RentCheckMe is not a law firm and no attorney-client relationship is created by reading this page. If you have a specific legal problem or question about your rights as a renter in Kerrville, Texas, you should consult a qualified attorney or contact a free legal aid organization such as Texas RioGrande Legal Aid. Always verify current statutes and local ordinances through official sources, as laws may have changed since this article was last updated in April 2026.

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Frequently Asked Questions

Does Kerrville have rent control?
No. Kerrville has no rent control ordinance, and Texas state law expressly prohibits any city or county from enacting one under Tex. Prop. Code § 214.902. This means landlords in Kerrville can charge and increase rent without any statutory limit, as long as they provide proper written notice before the change takes effect.
How much can my landlord raise my rent in Kerrville?
There is no legal cap on rent increases in Kerrville or anywhere in Texas. For month-to-month tenants, your landlord must give you at least one month's written notice before a rent increase takes effect under Tex. Prop. Code § 91.001. The one exception is retaliation: under Tex. Prop. Code § 92.331, a landlord cannot raise your rent in response to you requesting repairs, filing a complaint with a housing inspector, or exercising another legal right.
How long does my landlord have to return my security deposit in Kerrville?
Your landlord has 30 days to return your security deposit after you vacate and surrender possession of the unit, along with an itemized written statement of any deductions, under Tex. Prop. Code § 92.103. If your landlord wrongfully withholds your deposit or fails to provide the required statement, they may be liable for three times the withheld amount plus $100 and attorney's fees under Tex. Prop. Code § 92.109.
What notice does my landlord need before evicting me in Kerrville?
For nonpayment of rent, your landlord must give you a written notice to vacate of at least 3 days before filing in court, unless your lease specifies a longer period, under Tex. Prop. Code § 24.005. 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 deliver the notice in person, by posting on your door, or by certified mail.
Can my landlord lock me out or shut off utilities in Kerrville?
No. Self-help eviction is illegal in Texas. Under Tex. Prop. Code § 92.0081, a landlord cannot change your locks, remove doors or windows, cut off your electricity, water, or other utilities, or take any similar action to force you out without going through the court eviction process. If your landlord does any of these things, you are entitled to recover possession of the unit plus damages of one month's rent or $500 (whichever is greater), along with attorney's fees.
What can I do if my landlord refuses to make repairs in Kerrville?
Under Tex. Prop. Code § 92.056, your landlord must make repairs that materially affect your health or safety after you provide written notice and are current on rent. If the landlord fails to repair within a reasonable time (typically 7 days for urgent issues), you may have the right to terminate the lease, seek a rent reduction, or use the repair-and-deduct remedy under Tex. Prop. Code § 92.0561, which allows you to hire a licensed contractor and deduct the cost — up to the lesser of $500 or one month's rent — from your rent. Contact Texas RioGrande Legal Aid (trla.org) or Texas Law Help (texaslawhelp.org) for guidance specific to your situation.

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