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Marshall is the county seat of Harrison County in East Texas, with a population of roughly 23,000 residents. A significant portion of Marshall's households are renters, many of whom rely on affordable housing near Wiley College, East Texas Baptist University, and local employers. Like all Texas renters, Marshall tenants are governed exclusively by state law, particularly the Texas Property Code, which sets out rights and responsibilities for both landlords and tenants.
The questions Marshall renters most commonly search for involve security deposit returns, what notice a landlord must give before ending a tenancy, and what steps can be taken when a landlord fails to make repairs. This guide addresses each of those issues with direct references to the applicable Texas statutes so you can understand exactly where you stand.
This page is for informational purposes only and does not constitute legal advice. Laws can change, and your individual circumstances matter. If you are facing an eviction or a serious dispute with your landlord, consult a licensed Texas attorney or contact a local legal aid organization.
There is no rent control in Marshall, Texas — and no city in Texas may enact it. Texas law expressly preempts local rent control ordinances. Tex. Prop. Code § 214.902 states that a municipality may not adopt any ordinance that controls the price at which private residential rental housing is offered for rent or lease. This preemption applies statewide, meaning the City of Marshall and Harrison County are legally barred from passing any form of rent stabilization or rent increase limitations.
In practice, this means a landlord in Marshall can raise your rent by any amount — there is no cap, no percentage limit, and no required justification. The only protection renters have is the notice requirement: for month-to-month tenants, the landlord must provide at least one month's written notice before a rent increase takes effect (Tex. Prop. Code § 91.001). For tenants with a fixed-term lease, the rent cannot be raised until the lease expires unless the lease itself allows for mid-term increases.
If your landlord raises rent in retaliation for you exercising a legal right — such as requesting repairs or contacting a code inspector — that increase may be challengeable under Tex. Prop. Code § 92.331. However, ordinary market-driven rent increases are fully legal and unregulated in Marshall.
Although Marshall has no local tenant ordinances, Texas state law provides several important protections for renters throughout the state, including Harrison County.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Texas law does not cap the amount a landlord may charge for a security deposit, but it strictly regulates how deposits are handled. Your landlord must return your deposit — along with a written, itemized list of any deductions — within 30 days of you vacating the unit. If the landlord wrongfully withholds any portion without providing the required accounting, you may be entitled to three times the withheld amount plus attorney's fees (Tex. Prop. Code § 92.109).
Habitability and Repairs (Tex. Prop. Code § 92.056): Texas landlords are required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this duty, you must give your landlord written notice of the problem and allow a reasonable time to repair. 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 pursue other remedies — provided you are current on rent and comply with the statutory procedure.
Notice to Terminate a Month-to-Month Tenancy (Tex. Prop. Code § 91.001): If you rent on a month-to-month basis, your landlord must give you at least one month's written notice before terminating the tenancy. You are entitled to the same notice period if you wish to terminate. For fixed-term leases, the tenancy ends when the lease expires unless renewed.
Anti-Retaliation (Tex. Prop. Code § 92.331): Your landlord may not raise your rent, reduce your services, issue a notice to vacate, or pursue eviction in retaliation for you exercising a legal right — including requesting repairs, complaining to a government agency, or joining a tenant organization. If retaliation is proven, you may be entitled to a month's rent, $500, attorney's fees, and other remedies under Tex. Prop. Code § 92.333.
Lockouts and Utility Shutoffs (Tex. Prop. Code § 92.0081): A landlord is prohibited from using self-help eviction tactics. Changing your locks, removing doors or windows, or intentionally cutting off utilities to force you to leave without a court order is illegal in Texas. If this happens, you may request an immediate court remedy and seek actual damages, one month's rent, $1,000, and attorney's fees.
Texas sets no maximum dollar amount on security deposits, so Marshall landlords may charge whatever the market or the lease specifies. What the law does tightly regulate is how and when that deposit must be returned.
Return Deadline: Under Tex. Prop. Code § 92.103, a landlord must return your security deposit — or the balance remaining after lawful deductions — within 30 days after you surrender the premises. Surrendering means vacating and returning the keys.
Itemized Statement Required: If the landlord makes any deductions, they must provide a written, itemized description of each deduction. Normal wear and tear cannot be deducted (Tex. Prop. Code § 92.104). Deductible items typically include unpaid rent, costs to repair damage beyond normal wear, and cleaning costs specifically required by the lease.
Penalty for Wrongful Withholding: If a landlord retains all or part of your deposit in bad faith — without a valid written accounting — Tex. Prop. Code § 92.109 entitles you to recover three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees. However, you must make sure to provide your forwarding address in writing; failure to do so can relieve the landlord of the 30-day deadline.
Practical Tip: Document the condition of your unit thoroughly at move-in and move-out with dated photographs. Send your forwarding address to your landlord in writing — by certified mail if possible — on or before your move-out date.
Eviction in Marshall follows the Texas eviction process set out in Tex. Prop. Code Chapter 24 and the Texas Rules of Civil Procedure. Landlords must follow each step legally; there are no shortcuts.
Step 1 — Written Notice to Vacate (Tex. Prop. Code § 24.005): Before filing in court, the landlord must give the tenant a written notice to vacate. The required notice period depends on the situation: for nonpayment of rent, the default is three days (unless the lease specifies a different period); for month-to-month tenancies being terminated, at least one month's written notice is required under Tex. Prop. Code § 91.001. The notice may be delivered in person, posted on the inside of the main entry door, or sent by certified mail.
Step 2 — Filing an Eviction Suit: If the tenant does not vacate by the deadline in the notice, the landlord may file a forcible entry and detainer suit in the Justice of the Peace court for Harrison County Precinct 1 (or the relevant precinct). A filing fee is required, and a hearing is typically scheduled within 10 to 21 days.
Step 3 — Justice Court Hearing: Both the landlord and tenant have the right to appear and present evidence at the hearing. Tenants may raise defenses such as retaliation (Tex. Prop. Code § 92.331) or the landlord's failure to maintain habitability. If the judge rules for the landlord, the tenant has five days to appeal to the County Court at Law.
Step 4 — Writ of Possession: If no appeal is filed and the tenant does not vacate, the landlord may request a writ of possession, which authorizes a constable to remove the tenant and their belongings.
Just Cause Not Required: Texas law does not require a landlord to have just cause to end a tenancy. At the expiration of a lease or with proper notice on a month-to-month tenancy, a landlord may decline to renew without giving a reason — unless the motivation is retaliatory (Tex. Prop. Code § 92.331).
Self-Help Eviction Is Illegal: A landlord in Marshall cannot lock you out, remove your belongings, cut off utilities, or otherwise force you to leave without completing the court process. Doing so violates Tex. Prop. Code § 92.0081 and exposes the landlord to significant liability, including actual damages, one month's rent, $1,000 in penalties, and attorney's fees.
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 any law depends on the specific facts of your situation. Nothing on this page creates an attorney-client relationship. If you are involved in an eviction proceeding, a dispute over a security deposit, or any other serious legal matter involving your housing, you should consult a licensed Texas attorney or contact a qualified legal aid organization in your area. RentCheckMe makes reasonable efforts to keep this content current but does not guarantee that all information reflects the most recent legal developments.
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