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Port Lavaca is the county seat of Calhoun County on the Texas Gulf Coast, a small city of roughly 12,000 residents where fishing, petrochemical industry, and service workers make up a significant share of the renter population. Like all Texas cities, Port Lavaca operates entirely under state law when it comes to landlord-tenant relationships — there are no local rent ordinances, tenant bill-of-rights measures, or housing courts beyond what state statute provides.
Renters in Port Lavaca most commonly have questions about security deposit returns, how much notice a landlord must give before ending a tenancy, what to do when repairs go unaddressed, and what protections exist against self-help eviction tactics like lockouts or utility shutoffs. Texas law addresses all of these issues, and understanding your rights under the Texas Property Code can make a meaningful difference in a dispute with a landlord.
This page summarizes the tenant protections that apply to Port Lavaca renters under Texas law as of April 2026. It is provided for informational purposes only and does not constitute legal advice. If you have a specific legal problem, contact a licensed Texas attorney or a free legal aid organization serving Calhoun County.
Port Lavaca has no rent control, and no Texas city may enact it. Texas Property Code § 214.902 expressly prohibits any municipality or county from adopting an ordinance that controls the amount of rent charged for privately owned residential or commercial property. This preemption is absolute — it applies statewide regardless of local housing conditions, vacancy rates, or affordability pressures.
In practical terms, this means your landlord in Port Lavaca may raise your rent by any amount at the end of a lease term or, for month-to-month tenancies, with at least one month's written notice under Tex. Prop. Code § 91.001. There is no cap, no required justification, and no formula limiting increases. Renters whose leases are up for renewal have the option to accept the new rent, negotiate, or vacate — but they have no legal right to challenge the increase amount itself.
While this may feel limiting, Texas does provide meaningful protections in other areas: illegal lockouts, retaliatory rent hikes, and failure to maintain habitable conditions are all actionable under state law, as described in the sections below.
The Texas Property Code (Title 8, Chapters 91–94) establishes the baseline protections that apply to every residential lease in Port Lavaca.
Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords are 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 allow a reasonable time to fix it (courts generally treat 7 days as a starting benchmark). If the landlord fails to act, you may have the right to terminate the lease, repair the problem yourself and deduct the cost (up to the lesser of $500 or one month's rent), or pursue other legal remedies. You must not be behind on rent and must not have caused the condition yourself.
Notice to Terminate a Month-to-Month Tenancy (Tex. Prop. Code § 91.001): Either a landlord or tenant may terminate a month-to-month lease by giving at least one month's written notice before the end of the monthly period. If your lease specifies a different notice period, that contractual provision governs as long as it is not less than the statutory minimum.
Anti-Retaliation Protection (Tex. Prop. Code § 92.331): Your landlord may not raise your rent, reduce services, threaten eviction, or take any other adverse action against you in retaliation for: (1) making a good-faith repair request; (2) filing a complaint with a housing authority; (3) exercising any right protected by law; or (4) organizing with other tenants. If retaliation is proven, you may recover one month's rent plus $500, actual damages, court costs, and attorney's fees under Tex. Prop. Code § 92.333.
Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord may not change your locks, remove exterior doors or windows, or interrupt utility service — including water, gas, or electricity — to force you out without a court order. If a landlord illegally locks you out, you may recover actual damages, one month's rent or $500 (whichever is greater), reasonable attorney's fees, and court costs.
Security Deposit Rules (Tex. Prop. Code §§ 92.101–92.109): See the dedicated Security Deposit section below for full details.
No Dollar Cap: Texas law does not limit the amount a landlord may charge as a security deposit, so the amount is set by your lease. Whatever amount you pay, the rules governing its return are fixed by statute.
Return Deadline (Tex. Prop. Code § 92.103): Your landlord must return your security deposit — or the unreturned portion along with a written, itemized list of deductions — within 30 days after you surrender the premises (move out and return keys). The 30-day clock starts on the date you actually vacate, not the date your lease ends.
Itemized Statement Required (Tex. Prop. Code § 92.104): A landlord may only deduct for unpaid rent, damages beyond normal wear and tear, or other costs specifically authorized by your lease. The itemized statement must describe each deduction in writing. Deductions for normal wear and tear are not permitted.
Penalty for Wrongful Withholding (Tex. Prop. Code § 92.109): If your landlord wrongfully withholds your deposit in bad faith, you may be entitled to recover three times the amount wrongfully withheld, plus $100, reasonable attorney's fees, and court costs. To protect your rights, provide your landlord with a forwarding address in writing before or at the time you move out — a landlord who does not receive a forwarding address is not required to send the deposit until 30 days after they receive one.
Small Claims Court: Security deposit disputes in Port Lavaca may be filed in Calhoun County Justice of the Peace Court (small claims), which handles cases up to $20,000 in Texas.
Texas eviction law (Tex. Prop. Code §§ 24.001–24.011, also referred to as a Forcible Entry and Detainer or FED action) applies in full to Port Lavaca. Landlords must follow every step of this process; there are no shortcuts.
Step 1 — Written Notice to Vacate (Tex. Prop. Code § 24.005): Before filing anything in court, the landlord must serve you with a written Notice to Vacate. The required notice period depends on the reason:
Notice may be delivered in person, by mail, or by posting on the inside of your main entry door.
Step 2 — Filing in Justice of the Peace Court: If you do not vacate by the deadline in the notice, the landlord may file an eviction suit in the Calhoun County Justice of the Peace Court. You will be served with a citation stating the hearing date, which must be set no sooner than 10 days and no later than 21 days after the suit is filed (Tex. R. Civ. P. 510.4).
Step 3 — Hearing and Judgment: Both parties appear before the Justice of the Peace. The judge will hear evidence and issue a judgment. If the judgment is for the landlord, you have 5 days to appeal to the County Court at Law before a writ of possession can be issued.
Step 4 — Writ of Possession: Only after the appeal period expires (or an appeal is lost) may the court issue a writ of possession authorizing a constable to remove you and your belongings from the property.
No Just Cause Required: Texas does not require a landlord to have just cause to evict at the end of a lease term or a month-to-month tenancy, as long as proper notice is given. However, a landlord may not evict you in retaliation for exercising a legal right (Tex. Prop. Code § 92.331).
Self-Help Eviction Is Illegal (Tex. Prop. Code § 92.0081): A landlord who locks you out, removes your doors, or cuts off your utilities without a court order is violating Texas law. Contact local law enforcement or a legal aid organization immediately if this occurs.
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 details of your situation may affect how the law applies to you. For advice about a specific legal problem, consult a licensed Texas attorney or contact a free legal aid organization serving Calhoun County. RentCheckMe makes no guarantee that the information on this page is current, complete, or applicable to your circumstances.
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