Last updated: April 2026
San Marcos renters — including Texas State University students — are protected by Texas state law, which provides clear deposit, repair, and eviction rules, but no rent control. Here is what every San Marcos tenant should know.
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San Marcos is a college city in Hays County between Austin and San Antonio, home to Texas State University and a predominantly renter-heavy population. Texas state law — primarily the Texas Property Code — governs the landlord-tenant relationship in San Marcos. There are no city-level rent control measures, and Texas law actively prohibits municipalities from enacting them under Tex. Prop. Code § 214.902. Texas provides meaningful protections around security deposits, habitability, retaliation, and the eviction process that benefit all renters, including students.
This guide is for general informational purposes only and does not constitute legal advice. Tenants facing urgent housing issues should contact Texas RioGrande Legal Aid or Texas Law Help.
San Marcos has no rent control, and Texas state law expressly forbids any city or county from passing rent control ordinances (Tex. Prop. Code § 214.902). Your landlord may raise rent by any amount, but must provide adequate written notice before a new rent amount takes effect. For month-to-month tenancies, landlords must give at least one month's written notice under Tex. Prop. Code § 91.001. Always review your lease — student housing leases often run on academic-year cycles and may have different notice requirements than standard month-to-month agreements.
Texas law provides the following key protections for San Marcos tenants:
Under Tex. Prop. Code § 92.103, your landlord must return your security deposit — along with a written, itemized list of any deductions — within 30 days after you surrender the property. You must provide a forwarding address. If the landlord wrongfully withholds the deposit in bad faith, you may sue for three times the withheld amount plus $100 and reasonable attorney fees (Tex. Prop. Code § 92.109). Normal wear and tear cannot be deducted. Texas law does not cap the amount a landlord may charge as a security deposit. Student renters should document their unit thoroughly at move-in to protect against improper deductions at the end of the lease term.
To evict a tenant in San Marcos, a landlord must first provide written notice to vacate — typically 3 days for non-payment of rent (though your lease may specify a different period). If you do not vacate, the landlord must file a forcible detainer lawsuit in Hays County Justice Court. You have the right to appear and contest the eviction. Only after a court judgment and a writ of possession is issued can the constable remove a tenant. Self-help eviction — including lockouts and utility shutoffs — is prohibited under Tex. Prop. Code § 92.0081 and may give rise to a civil claim against the landlord.
No. San Marcos has no rent control ordinance, and Texas state law (Tex. Prop. Code § 214.902) prohibits cities from enacting rent control. Landlords — including student housing operators — can raise rent by any amount with proper written notice.
There is no limit on rent increases in San Marcos or anywhere in Texas. 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). Fixed-term leases (common in student housing) cannot be raised until renewal.
Your landlord must return your security deposit within 30 days after you move out and provide a forwarding address, along with an itemized written statement of deductions (Tex. Prop. Code § 92.103). Wrongful withholding in bad faith can result in liability for 3× the deposit plus $100 and attorney fees (Tex. Prop. Code § 92.109).
For nonpayment of rent, the landlord must give at least 3 days' written notice to vacate before filing in Justice Court. For terminating a month-to-month tenancy, at least one month's written notice is required (Tex. Prop. Code § 91.001). Your lease may specify longer notice periods.
No. Self-help eviction is illegal in Texas. A landlord cannot change your locks, remove your doors, or shut off utilities to force you out without first obtaining a court order (Tex. Prop. Code § 92.0081). If this happens, you may be entitled to damages — contact Texas RioGrande Legal Aid immediately.
Send your repair request in writing. If the landlord fails to make repairs that materially affect health or safety within a reasonable time, you may repair-and-deduct (up to the lesser of $500 or one month's rent), terminate the lease, or seek damages in court (Tex. Prop. Code § 92.056). You can also report violations to San Marcos's code enforcement or contact Texas RioGrande Legal Aid (trla.org).
This article provides general information about tenant rights in San Marcos and is not legal advice. Laws change — verify current rules with a local attorney or tenant organization. Information reflects laws in effect as of April 2026.
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