Tenant Rights in La Marque, Texas

Key Takeaways

  • None — prohibited statewide by Tex. Prop. Code § 214.902
  • Must be returned within 30 days with itemized deductions; wrongful withholding can result in 3× 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 terminate with proper notice; courts enforce eviction under Tex. Prop. Code § 24.005
  • Lone Star Legal Aid, Houston Tenants Union, Texas Law Help

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1. Overview: Tenant Rights in La Marque

La Marque is a small city in Galveston County, situated along the Gulf Coast between Houston and Galveston. The city has a significant renter population, and many residents commute to nearby industrial and petrochemical employers. Like all Texas renters, La Marque tenants most commonly seek information about security deposit returns, landlord repair obligations, and protections against sudden rent increases or eviction.

Texas does not have rent control, and no local ordinance in La Marque adds protections beyond what state law provides. However, Texas law does include meaningful tenant rights — covering habitability standards, deposit rules, anti-retaliation protections, and a prohibition on self-help evictions — all of which apply fully to renters in La Marque.

This page summarizes the key tenant rights laws that apply in La Marque as of April 2026. This content is for informational purposes only and does not constitute legal advice. If you have a specific legal problem, consult a licensed attorney or contact one of the legal aid organizations listed below.

2. Does La Marque Have Rent Control?

La Marque has no rent control, and Texas state law makes it impossible for the city to enact one. Under Tex. Prop. Code § 214.902, a municipality or county in Texas may not adopt or enforce an ordinance that controls the price of rent for residential housing. This statewide preemption has been in effect since 1993 and applies uniformly across all Texas cities, including La Marque.

In practice, this means a landlord in La Marque can raise your rent by any amount — whether at lease renewal or, for month-to-month tenants, with proper advance written notice. There is no cap on the percentage or dollar amount of any rent increase. The only procedural protection is the notice requirement: for month-to-month tenants, the landlord must give at least one month's written notice before a new rent amount takes effect (Tex. Prop. Code § 91.001). For fixed-term leases, rent cannot be changed until the lease term ends unless the lease itself allows for mid-term adjustments.

Renters in La Marque who are concerned about large rent increases should review their lease carefully before signing, understand their month-to-month notice rights, and contact a legal aid organization if they believe a rent increase is being used as retaliation for exercising a legal right.

3. Texas State Tenant Protections That Apply in La Marque

The following Texas state-law protections apply to all residential tenants in La Marque:

Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords must make repairs that materially affect the health or safety of an ordinary tenant within a reasonable time after receiving written notice from the tenant. If the landlord fails to act, tenants may have the right to terminate the lease, pursue a rent reduction, or use the repair-and-deduct remedy — deducting the cost of necessary repairs from rent, up to the lesser of $500 or one month's rent. The tenant must provide proper written notice and allow a reasonable repair period before exercising these remedies.

Notice to Terminate Month-to-Month Tenancy (Tex. Prop. Code § 91.001): Either party must give at least one month's written notice to terminate a month-to-month rental agreement. This notice must precede the end of the rental period. If no notice is given, the tenancy automatically renews for another month.

Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord in La Marque may not retaliate against a tenant for exercising a legal right — such as requesting repairs, reporting housing code violations, or contacting a government inspector. Prohibited retaliatory acts include rent increases, service reductions, or attempts to evict. A tenant who suffers retaliation may sue for one month's rent plus $500, actual damages, attorney's fees, and court costs (Tex. Prop. Code § 92.333).

Prohibition on Lockouts and Utility Shutoffs (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot change the locks, remove doors or windows, or intentionally interrupt utility service (water, gas, electricity) to force a tenant to vacate. Violations entitle the tenant to recover actual damages, one month's rent plus $1,000, attorney's fees, and court costs. Tenants who are illegally locked out may request a writ of reentry from a justice of the peace court.

4. Security Deposit Rules in La Marque

Texas security deposit rules are governed by Tex. Prop. Code §§ 92.101–92.109 and apply fully to La Marque landlords.

No Statutory Cap: Texas does not limit how much a landlord may charge for a security deposit. The amount is set by the lease agreement. Tenants should review the deposit amount carefully before signing.

30-Day Return Deadline (Tex. Prop. Code § 92.103): After the tenant surrenders the premises, the landlord must return any remaining deposit — along with a written, itemized statement of all deductions — within 30 days. If the tenant's forwarding address is not provided, the landlord has 30 days from when the address is received. Tenants should provide a written forwarding address at or before move-out to start this clock.

Itemized Deductions Required (Tex. Prop. Code § 92.104): A landlord may only deduct from the deposit for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease. Normal wear and tear — minor scuffs, small nail holes from pictures, carpet worn from ordinary use — cannot be deducted. The landlord must provide a written list of each deduction with the returned balance.

Penalty for Wrongful Withholding (Tex. Prop. Code § 92.109): If a landlord wrongfully withholds a deposit in bad faith, the tenant may recover three times the withheld amount plus $100, actual damages, and reasonable attorney's fees. A landlord who fails to provide the required itemized statement in bad faith loses the right to keep any portion of the deposit and is liable for the same penalties.

Tenants should document the condition of the property at move-in and move-out with photos and written records, and send any demand for return of the deposit via certified mail to create a paper trail.

5. Eviction Process and Your Rights in La Marque

Evictions in La Marque follow the Texas eviction process established under Tex. Prop. Code Chapter 24 and Tex. R. Civ. P. Rules 500–510. A landlord cannot remove a tenant without going through the court system.

Step 1 — Written Notice to Vacate (Tex. Prop. Code § 24.005): Before filing an eviction lawsuit, a landlord must give the tenant a written notice to vacate. The required notice period depends on the situation: at least 3 days for nonpayment of rent or lease violations (unless the lease specifies a different period); at least 1 month for terminating a month-to-month tenancy without cause (Tex. Prop. Code § 91.001). Notice must be delivered in person, by mail, or by posting on the inside of the main entry door.

Step 2 — Filing in Justice of the Peace Court: If the tenant does not vacate after the notice period, the landlord may file an eviction (forcible detainer) suit in the Galveston County Justice of the Peace Court for Precinct 1 (La Marque area). A hearing is typically scheduled within 10–21 days of filing.

Step 3 — Court Hearing: Both parties may appear and present evidence. If the judge rules for the landlord, the tenant has 5 days to appeal to the Galveston County Court at Law. Filing an appeal and posting an appeal bond stays the eviction while the appeal is pending.

Step 4 — Writ of Possession: If no appeal is filed or the appeal is denied, the court issues a writ of possession. A constable will post a 24-hour notice and then physically remove the tenant if they have not vacated.

No Just Cause Requirement: Texas does not require landlords to have a specific reason to terminate a month-to-month tenancy — only proper notice. Fixed-term lease tenants have stronger protections because the landlord generally cannot terminate before the lease ends without cause or a lease provision allowing early termination.

Self-Help Eviction Is Illegal (Tex. Prop. Code § 92.0081): Changing locks, removing belongings, shutting off utilities, or any other act designed to force a tenant out without a court order is prohibited. Tenants facing illegal lockouts may seek a writ of reentry and sue for damages including one month's rent plus $1,000, actual damages, and attorney's fees.

6. Resources for La Marque 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 the application of these laws depends on the specific facts of each situation. La Marque renters with individual legal questions should consult a licensed Texas attorney or contact a qualified legal aid organization. RentCheckMe makes no warranties regarding the accuracy or completeness of this information, and is not responsible for actions taken in reliance on it.

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Frequently Asked Questions

Does La Marque have rent control?
No. La Marque has no rent control ordinance, and Texas state law prohibits any city or county from enacting one under Tex. Prop. Code § 214.902. This statewide preemption has been in place since 1993 and applies in La Marque the same as everywhere else in Texas.
How much can my landlord raise my rent in La Marque?
There is no limit on rent increases in La Marque or anywhere in Texas. For month-to-month tenants, the landlord must provide at least one month's written notice before the new rent takes effect (Tex. Prop. Code § 91.001). For fixed-term leases, rent cannot increase until the lease term ends unless the lease contains a specific provision permitting mid-term adjustments. A landlord may not raise rent as retaliation for you requesting repairs or reporting violations (Tex. Prop. Code § 92.331).
How long does my landlord have to return my security deposit in La Marque?
Your landlord has 30 days after you vacate the property to return your security deposit along with a written, itemized list of any deductions (Tex. Prop. Code § 92.103). You should provide a written forwarding address at move-out to start the clock. If the landlord wrongfully withholds the deposit in bad faith, you may recover 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 La Marque?
For nonpayment of rent or lease violations, Texas law requires at least a 3-day written notice to vacate before an eviction suit can be filed (Tex. Prop. Code § 24.005), unless your lease specifies a longer period. For terminating a month-to-month tenancy without cause, the landlord must give at least one month's written notice (Tex. Prop. Code § 91.001). After the notice period expires, the landlord must file in Justice of the Peace Court — they cannot remove you without a court order.
Can my landlord lock me out or shut off utilities in La Marque?
No. Self-help eviction is illegal in Texas. Under Tex. Prop. Code § 92.0081, a landlord cannot change the locks, remove doors or windows, or cut off utilities such as water, gas, or electricity to force you out without a court order. If your landlord does any of these things, you can seek a writ of reentry from the Justice of the Peace Court and 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 La Marque?
Under Tex. Prop. Code § 92.056, landlords must repair conditions that materially affect your health or safety within a reasonable time after receiving written notice. Send your repair request in writing and keep a copy. If the landlord fails to act, you may have the right to terminate the lease, seek a rent reduction, or use the repair-and-deduct remedy — up to the lesser of $500 or one month's rent. You may also contact the City of La Marque or Galveston County code enforcement, and a landlord cannot legally retaliate against you for doing so (Tex. Prop. Code § 92.331).

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