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San Elizario is a historic community in El Paso County, Texas, located in the Lower Rio Grande Valley region of far West Texas. Like many smaller Texas municipalities, San Elizario has a significant renter population, and tenants here rely entirely on Texas state law for their housing protections — there are no city-level rent control ordinances or additional local tenant protections beyond what the state provides.
Renters in San Elizario most commonly ask about rent increase rules, security deposit returns, and what to do when a landlord fails to make repairs. Texas law addresses each of these issues through the Texas Property Code, which sets clear deadlines, procedures, and remedies that apply to every residential rental in the state, including those in San Elizario.
This guide summarizes the tenant rights that apply to San Elizario renters under Texas law. It is intended for informational purposes only and does not constitute legal advice. For advice about your specific situation, contact a licensed attorney or a local legal aid organization.
San Elizario has no rent control, and Texas law prohibits any city or county from enacting rent control ordinances. Under Tex. Prop. Code § 214.902, a municipality may not adopt or enforce a rent control ordinance or regulation. This preemption applies statewide, meaning no Texas city — including San Elizario — can legally cap how much a landlord charges for rent or limit rent increases.
In practice, this means your landlord in San Elizario can raise your rent by any amount at the end of a lease term, or with proper notice on a month-to-month tenancy. There is no ceiling on the amount of an increase, and no requirement that a landlord justify the reason for raising rent. The only limitation is the notice requirement: landlords must give at least the amount of notice equal to the rent-payment interval (typically 30 days for month-to-month tenancies) before a rent increase takes effect, unless the lease specifies otherwise (Tex. Prop. Code § 91.001).
Renters facing large rent increases have no local recourse in San Elizario beyond what Texas state law provides. Tenants who believe a rent increase is retaliatory — for example, following a repair request or a complaint to a housing inspector — may have a claim under Texas anti-retaliation law (Tex. Prop. Code § 92.331), but this is a separate protection from rent control.
Texas law provides several meaningful protections for renters in San Elizario, even in the absence of local ordinances. These rights are established in the Texas Property Code and apply to all residential tenancies in the state.
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 does require strict procedures for returning it. Landlords must return the deposit — along with a written, itemized list of any deductions — within 30 days of the tenant vacating the unit. Wrongful withholding of a deposit can expose the landlord to liability for three times the withheld amount, plus attorney's fees (Tex. Prop. Code § 92.109).
Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords in San Elizario are required to make repairs that materially affect a tenant's health or safety within a reasonable time after receiving written notice from the tenant. If the landlord fails to act, the tenant may pursue remedies including repair-and-deduct (limited to the lesser of $500 or one month's rent), lease termination, or a rent reduction, depending on circumstances. Tenants must generally give two written repair requests before pursuing these remedies.
Notice to Terminate (Tex. Prop. Code § 91.001): For month-to-month tenancies, either party must give written notice at least one month (or the equivalent of one rental period) before terminating the lease. The parties may agree in writing to a different notice period, but no notice period shorter than one rental period may be enforced.
Anti-Retaliation Protection (Tex. Prop. Code § 92.331): A landlord may not retaliate against a tenant for, among other things, making a good-faith repair request, reporting code violations, or contacting a housing inspector. Retaliatory acts include raising rent, reducing services, filing a retaliatory eviction, or threatening any of the above. A tenant who proves retaliation may recover one month's rent plus $500, actual damages, and attorney's fees (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 locks, remove doors or windows, or shut off utilities in order to force a tenant out of the unit without obtaining a court order. A tenant who is unlawfully locked out may recover possession and is entitled to actual damages, one month's rent plus $500, attorney's fees, and court costs.
Texas law does not set a maximum amount for security deposits in San Elizario or anywhere else in the state, so landlords may charge whatever deposit amount the market or lease terms dictate. However, once a deposit is collected, the landlord is subject to strict statutory rules governing its return.
Under Tex. Prop. Code § 92.103, a landlord must return the security deposit to the tenant no later than 30 days after the tenant surrenders the premises — meaning the tenant both vacates and returns the keys. If the landlord makes any deductions, they must provide a written, itemized list explaining each deduction at the time the remainder of the deposit is returned.
Normal wear and tear may not be deducted from the security deposit (Tex. Prop. Code § 92.104). Permissible deductions generally include unpaid rent, cleaning costs beyond ordinary use, and damage caused by the tenant beyond normal wear and tear.
If a landlord fails to return the deposit within 30 days, or wrongfully withholds all or part of the deposit in bad faith, Tex. Prop. Code § 92.109 authorizes the tenant to sue for three times the amount wrongfully withheld, plus $100, plus attorney's fees and court costs. To protect your rights, always provide written notice of your forwarding address and document the condition of the unit at move-in and move-out with photographs and written records.
Evictions in San Elizario must follow the procedures established by Texas law. A landlord cannot remove a tenant without going through the court process — self-help eviction methods such as changing locks, removing belongings, or cutting off utilities are illegal under Tex. Prop. Code § 92.0081.
Step 1 — Written Notice to Vacate: Before filing for eviction, a landlord must give the tenant a written notice to vacate. For non-payment of rent, the notice period is typically 3 days unless the lease specifies a different period (Tex. Prop. Code § 24.005). For lease violations or end-of-tenancy situations, the notice period depends on the lease terms and the type of tenancy. Month-to-month tenants are entitled to at least one rental period's notice (typically 30 days) to terminate the tenancy under Tex. Prop. Code § 91.001.
Step 2 — Filing an Eviction Suit: If the tenant does not vacate after the notice period expires, the landlord may file an eviction suit (called a forcible detainer action) in the Justice of the Peace court for El Paso County Precinct 7, which serves San Elizario. Filing fees and service requirements apply. The court will schedule a hearing, typically within 10–21 days of filing.
Step 3 — Court Hearing: Both parties may appear and present their case at the hearing. Tenants have the right to assert defenses, such as that rent was paid, the eviction is retaliatory (Tex. Prop. Code § 92.331), or the landlord failed to follow proper notice procedures. The court will issue a judgment.
Step 4 — Appeal and Writ of Possession: Either party may appeal a Justice of the Peace court judgment to the County Court within 5 days. If the landlord wins and no appeal is filed, the landlord may obtain a writ of possession — a court order directing a constable to remove the tenant — no sooner than 6 days after the judgment (Tex. Prop. Code § 24.0061). Only a constable or sheriff may carry out the physical removal of a tenant.
Texas does not require just cause for eviction. Landlords may decline to renew a lease or terminate a month-to-month tenancy for any lawful reason, provided proper notice is given. However, evictions carried out in retaliation for a tenant exercising legal rights may be challenged under Tex. Prop. Code § 92.331.
This page is provided for informational purposes only and does not constitute legal advice. Tenant rights laws are complex, fact-specific, and subject to change. The information on this page reflects Texas law as of April 2026 and may not reflect recent amendments or local developments. Renters in San Elizario who have questions about their specific situation should consult a licensed Texas attorney or contact a local legal aid organization such as Texas RioGrande Legal Aid. Do not rely solely on this page when making decisions about your tenancy.
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