Nacogdoches is a historic East Texas city and home to Stephen F. Austin State University, giving it a rental market that includes both student housing and long-term residential rentals. Tenant rights in Nacogdoches are governed entirely by Texas state law — the city has not enacted any local tenant protection ordinances.
Texas law provides important baseline protections: a 30-day deposit return deadline with triple damages for wrongful withholding, repair-and-deduct rights for health-and-safety deficiencies, anti-retaliation protections, and a strict prohibition on self-help evictions. Rent control is expressly prohibited statewide.
This article is for informational purposes only and does not constitute legal advice. For help with an eviction or housing dispute, contact Lone Star Legal Aid (lonestarlegal.blog) or a licensed Texas attorney.
Nacogdoches has no rent control, and Texas state law prohibits it. Under Tex. Prop. Code § 214.902, cities and counties throughout Texas are barred from enacting any ordinance that controls residential rent prices. This applies to Nacogdoches and Nacogdoches County.
A landlord in Nacogdoches can raise rent by any amount with at least one month’s written notice for month-to-month tenants (Tex. Prop. Code § 91.001). Fixed-term leases protect the agreed rent for the lease duration. Student renters with fixed-term leases should review carefully whether their lease allows for mid-term increases.
Texas state law provides several important protections for Nacogdoches renters.
Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords must make health-and-safety repairs within a reasonable time after written notice. Remedies include lease termination, repair-and-deduct (up to the lesser of $500 or one month’s rent), or justice court action. Tenants must be current on rent.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords must return deposits within 30 days of move-out with a written itemized deduction statement. Wrongful withholding can result in three times the withheld amount plus attorney’s fees. No cap on deposit amount.
Notice to Terminate (Tex. Prop. Code § 91.001): At least one month’s written notice required to end a month-to-month tenancy.
Anti-Retaliation (Tex. Prop. Code § 92.331): Retaliation for requesting repairs or contacting code enforcement is prohibited.
Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal. Changing locks or cutting utilities without a court order is prohibited.
Security deposit rules in Nacogdoches are governed by Texas state law. There is no cap on the amount a landlord may charge.
Your landlord has 30 days after you vacate to return your deposit with a written itemized statement. Provide your forwarding address in writing to start the clock (Tex. Prop. Code § 92.107).
Wrongful withholding entitles you to three times the withheld amount, plus $100, plus attorney’s fees under Tex. Prop. Code § 92.109. Normal wear and tear cannot be deducted. File in Nacogdoches County Justice Court if within the small claims limit. Document the unit’s condition with photos at move-in and move-out.
Nacogdoches landlords must follow Texas’s formal eviction process. Self-help eviction is illegal under Tex. Prop. Code § 92.0081.
Step 1 — Written Notice to Vacate: For nonpayment or lease violations, at least 3 days’ written notice to vacate is required (Tex. Prop. Code § 24.005). For month-to-month termination without cause, at least 1 month’s written notice is required.
Step 2 — Filing an Eviction Suit: If you do not vacate, the landlord files a Forcible Entry and Detainer suit in Nacogdoches County Justice Court. A hearing is set within 10–21 days.
Step 3 — Hearing: Both parties present their case. You have 5 days to appeal if you lose.
Step 4 — Writ of Possession: A constable enforces the writ if you do not vacate after judgment.
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. Consult a licensed Texas attorney or a legal aid organization for advice specific to your situation. RentCheckMe makes no guarantee that the information on this page is current, complete, or accurate.
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