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Seguin is a growing city in Guadalupe County, situated along the Guadalupe River between San Antonio and Austin in one of Texas's fastest-expanding metropolitan corridors. As housing demand has increased across the region, more Seguin residents are renting — making it more important than ever to understand the legal rights that apply to your lease and living situation.
Seguin has no local tenant rights ordinances beyond what Texas state law provides. That means protections on security deposits, habitability, notice periods, and retaliation all flow from the Texas Property Code. Renters in Seguin most commonly have questions about how much a landlord can raise the rent, how quickly they must get their deposit back, and what steps a landlord must follow before filing for eviction. This guide addresses each of those topics with specific statutory citations.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and individual circumstances vary. If you are facing eviction, a lease dispute, or a habitability issue, consult a licensed Texas attorney or contact a legal aid organization serving Guadalupe County.
Seguin has no rent control, and no Texas city is legally permitted to enact it. Texas Prop. Code § 214.902 expressly prohibits any municipality or county from adopting an ordinance that controls the amount of rent charged for privately owned residential housing. This preemption statute applies statewide and means that neither Seguin nor Guadalupe County can cap rent increases, limit how often a landlord may raise rent, or require any form of rent stabilization.
In practical terms, your landlord in Seguin may increase your rent by any amount at any time — provided they give you proper written notice before the change takes effect. For month-to-month tenants, that means at least one month's written notice under Tex. Prop. Code § 91.001. For tenants with a fixed-term lease, the landlord cannot raise rent mid-lease unless the lease itself specifically allows for it; increases generally take effect only upon renewal.
Because there is no rent ceiling in Seguin, the most effective protection against unaffordable increases is understanding your lease terms, monitoring renewal notices carefully, and knowing your right to receive adequate advance notice before any change takes effect.
Although Seguin has no local ordinances, Texas state law provides several meaningful protections for renters throughout the state, including Guadalupe County.
Security Deposit Rules (Tex. Prop. Code §§ 92.101–92.109): Landlords must return your security deposit — along with a written, itemized list of any deductions — within 30 days after you vacate and provide your forwarding address. If a landlord wrongfully withholds any portion of the deposit in bad faith, you may be entitled to three times the withheld amount, plus $100, plus attorney's fees.
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. You must provide written notice of the needed repair; the landlord then has a reasonable time to fix it (courts typically view seven days as a benchmark for urgent issues). If they fail 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.
Notice to Terminate a Month-to-Month Tenancy (Tex. Prop. Code § 91.001): Either the landlord or the tenant must provide at least one month's written notice to end a month-to-month lease. This notice period cannot be waived by a lease provision that reduces it below one month.
Anti-Retaliation Protection (Tex. Prop. Code § 92.331): A landlord may not retaliate against you — through a rent increase, service reduction, eviction threat, or other adverse action — because you in good faith requested repairs, complained to a housing inspector, exercised a legal right under the lease, or organized with other tenants. Retaliation within six months of a protected action creates a legal presumption in your favor.
Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. Your landlord cannot change your locks, remove doors or windows, or intentionally cut off your water, electricity, or gas to force you to leave. A landlord who does so is liable for actual damages, one month's rent plus $1,000, attorney's fees, and court costs.
Texas law sets clear rules for how landlords must handle security deposits in Seguin. Under Tex. Prop. Code § 92.102, a landlord may collect a security deposit in any amount — Texas does not cap the deposit at a specific dollar figure. However, once you move out, strict rules apply to how and when the deposit must be returned.
Return Deadline: Your landlord must return the unused portion of your deposit, along with a written itemized statement of any deductions, within 30 days of the date you surrender the premises and provide your forwarding address (Tex. Prop. Code § 92.107). If you do not give a forwarding address, the 30-day clock does not begin to run.
Permitted Deductions: Landlords may deduct for unpaid rent, damage beyond normal wear and tear, and other charges expressly authorized in your lease. They may not charge for ordinary wear and tear (Tex. Prop. Code § 92.104).
Penalty for Wrongful Withholding: If a landlord retains your deposit in bad faith — without providing an itemized statement or without a legitimate basis for the deductions — you may sue for three times the amount wrongfully withheld, plus $100, plus reasonable attorney's fees (Tex. Prop. Code § 92.109). Texas courts treat the failure to provide a written itemization within 30 days as evidence of bad faith.
To protect yourself, document the condition of the unit at move-in and move-out with dated photographs, and always provide your forwarding address in writing when you vacate.
Texas law establishes a mandatory court process for evictions — your landlord cannot remove you from your Seguin rental without following each step under the Texas Property Code and the Texas Rules of Civil Procedure.
Step 1 — Written Notice to Vacate: Before filing in court, a landlord must provide a written Notice to Vacate. For nonpayment of rent, the minimum notice period is 3 days unless the lease specifies a different period (Tex. Prop. Code § 24.005). For other lease violations or at the end of a month-to-month tenancy without cause, the landlord must give at least 1 month's written notice (Tex. Prop. Code § 91.001). Notice may be delivered in person, posted on the main entry door, or sent by certified mail.
Step 2 — Filing a Forcible Detainer Suit: If you do not vacate by the deadline in the notice, the landlord may file an eviction lawsuit (called a forcible detainer action) in Guadalupe County Justice of the Peace Court. You will receive a citation with the hearing date, typically scheduled within 10–21 days of filing.
Step 3 — The Hearing: Both parties appear before the Justice of the Peace. You have the right to present defenses — such as improper notice, retaliation, or that rent was paid. If the judge rules for the landlord, you have 5 days to appeal to the County Court at Law (Tex. R. Civ. P. 510.9).
Step 4 — Writ of Possession: Only after a final court judgment and the expiration of any appeal period can the constable enforce a Writ of Possession and physically remove a tenant. No landlord or their agent may remove you before this point.
Self-Help Eviction Is Illegal: Under Tex. Prop. Code § 92.0081, a landlord who locks you out, removes your belongings, or shuts off utilities without a court order is liable for actual damages, one month's rent plus $1,000, and attorney's fees. You may recover these by filing suit in Justice of the Peace Court.
No Just Cause Requirement: Texas does not require a landlord to have a specific reason (just cause) to decline to renew your lease or to end a month-to-month tenancy, as long as proper written notice is given. Seguin has enacted no local just-cause ordinance.
This article is provided for informational purposes only and does not constitute legal advice. The tenant rights information presented here reflects Texas state law and Seguin municipal rules as of April 2026, but laws and local regulations can change. Every rental situation is different, and the information on this page may not apply to your specific circumstances. If you are facing an eviction, a security deposit dispute, a habitability problem, or any other housing legal matter, you should consult a licensed Texas attorney or contact a qualified legal aid organization serving Guadalupe County. RentCheckMe does not provide legal representation and is not responsible for actions taken based on this content.
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