Tenant Rights in Selma, Texas

Key Takeaways

  • None — prohibited statewide by Tex. Prop. Code § 214.902
  • Must be returned within 30 days with itemized deductions; wrongful withholding can result in 3× damages (Tex. Prop. Code § 92.109)
  • At least 1 month's written notice required to end a month-to-month tenancy (Tex. Prop. Code § 91.001)
  • No just cause requirement in Selma or under Texas state law
  • Texas RioGrande Legal Aid, Texas Law Help, Austin Tenants Council

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1. Overview: Tenant Rights in Selma

Selma is a small but rapidly expanding city located primarily in Bexar County, Texas, situated along the IH-35 corridor between San Antonio and New Braunfels. As commercial and residential development has accelerated in recent years, more residents are renting homes and apartments in the area, making an understanding of tenant rights increasingly important for Selma renters.

Selma has not enacted any local tenant protection ordinances, so renters in the city are governed entirely by Texas state law. Texas law does not allow rent control anywhere in the state, but it does provide meaningful protections covering security deposits, landlord repair obligations, retaliation prohibitions, and the eviction process. Understanding these state-level rights is essential for any Selma renter.

This article summarizes the tenant rights laws that apply to renters in Selma, Texas, with specific statutory citations so you can verify each rule. This content is for informational purposes only and does not constitute legal advice. If you have a specific legal dispute, consult a licensed attorney or a local legal aid organization.

2. Does Selma Have Rent Control?

Selma has no rent control, and no Texas city or county may enact rent control. Texas state law expressly preempts all local rent control ordinances under Tex. Prop. Code § 214.902, which states that a municipality or county may not enact or enforce an ordinance or other measure that controls the amount of rent charged for privately owned residential rental property.

In practice, this means a landlord in Selma can raise your rent by any amount, at any time, as long as proper advance notice is given before the increase takes effect. There is no cap on how much rent can increase, no requirement that increases be tied to inflation, and no rent stabilization program of any kind. The only limitation is that rent increases cannot be used as a form of illegal retaliation against a tenant exercising their legal rights (Tex. Prop. Code § 92.331).

Renters facing steep rent increases in Selma have limited legal recourse regarding the amount itself, but may negotiate with their landlord, choose not to renew their lease, or seek more affordable housing elsewhere. Understanding the notice requirements for rent increases is important — see the eviction and notice section below for details.

3. Texas State Tenant Protections That Apply in Selma

Although Selma has no local ordinances, Texas state law provides several important tenant protections that apply to every renter in the city.

Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords in Texas must return your security deposit within 30 days after you vacate the unit. They must also provide a written, itemized list of any deductions. If a landlord wrongfully withholds your deposit without providing the required itemization, you may be entitled to recover three times the amount wrongfully withheld, plus attorney's fees (Tex. Prop. Code § 92.109).

Repairs & Habitability (Tex. Prop. Code § 92.056): Texas landlords are required to make repairs that materially affect the health or safety of an ordinary tenant. You must give your landlord written notice of the needed repair. If the landlord fails to act within a reasonable time (generally interpreted as 7 days for urgent issues), you may have the right to repair-and-deduct — up to the lesser of $500 or one month's rent — or to terminate the lease, depending on the circumstances. Rent must be current for these remedies to apply.

Notice to Terminate (Tex. Prop. Code § 91.001): For a month-to-month tenancy, either the landlord or the tenant must provide at least one month's written notice before terminating the rental agreement. A fixed-term lease does not require additional notice to end at its expiration unless the lease states otherwise.

Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord may not raise your rent, reduce services, evict you, or threaten any of these actions in retaliation for your exercising a legal right — including requesting repairs in good faith, contacting a code enforcement or housing inspector, or joining a tenant organization. If retaliation occurs within 6 months of a protected action, there is a legal presumption that the landlord's conduct was retaliatory.

Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot lock you out of your unit, remove doors or windows, or shut off your utilities (electricity, water, gas) in order to force you to leave. These actions are only permitted after the landlord has obtained a court judgment and a writ of possession. Violations give a tenant the right to recover actual damages, one month's rent plus $1,000, attorney's fees, and injunctive relief.

4. Security Deposit Rules in Selma

Texas law governs security deposits for all Selma rentals under Tex. Prop. Code §§ 92.101 through 92.109. There is no statutory cap on the amount a landlord may charge for a security deposit in Texas, so the amount is set by your lease agreement.

Return deadline: Your landlord must return your security deposit — or the portion not lawfully withheld — within 30 days after you surrender the premises (vacate and return keys). Along with any remaining deposit funds, the landlord must provide a written, itemized statement explaining each deduction (Tex. Prop. Code § 92.103).

Deductions: Landlords may deduct for unpaid rent, damages beyond normal wear and tear, and other charges permitted by the lease. Normal wear and tear — routine deterioration from ordinary use — cannot be deducted from your deposit (Tex. Prop. Code § 92.101).

Penalty for wrongful withholding: If your landlord retains your deposit in bad faith — meaning without a valid reason and without the required itemized statement — you may sue and recover three times the amount wrongfully withheld, plus $100 and reasonable attorney's fees (Tex. Prop. Code § 92.109). To preserve your rights, make sure to provide your landlord with a forwarding address in writing before or at move-out.

5. Eviction Process and Your Rights in Selma

Evictions in Selma follow the Texas eviction process governed by Tex. Prop. Code § 24.001 et seq. and the Texas Rules of Civil Procedure. There is no just cause eviction requirement in Selma or under Texas law — a landlord can choose not to renew your lease for any lawful reason at the end of its term.

Step 1 — Written Notice: Before filing an eviction lawsuit, the landlord must provide written notice to vacate. For nonpayment of rent, the notice period is at least 3 days unless the lease specifies a shorter or longer period (Tex. Prop. Code § 24.005). For month-to-month tenancies being terminated, at least 1 month's notice is required (Tex. Prop. Code § 91.001). The notice must be delivered in person, by mail, or affixed to the inside of the main entry door.

Step 2 — Filing a Forcible Detainer Suit: If you do not vacate by the deadline in the notice, the landlord may file an eviction suit (called a forcible detainer action) in the Justice of the Peace Court for Bexar County Precinct 3 (which covers Selma). You will be served with a citation and given a hearing date, typically within 10–21 days of filing.

Step 3 — Hearing & Judgment: Both the landlord and tenant may present evidence at the hearing. If the judge rules in the landlord's favor, a judgment for possession is entered. Either party may appeal to the County Court at Law within 5 days of the judgment (Tex. R. Civ. P. 510.9).

Step 4 — Writ of Possession: If you do not vacate after judgment, the landlord may request a writ of possession no sooner than 5 days after the judgment becomes final, authorizing a constable to remove you and your belongings (Tex. Prop. Code § 24.0061).

Self-Help Eviction is Illegal: A landlord in Selma cannot remove you by changing the locks, removing your belongings, or cutting off utilities to force you out. Doing so violates Tex. Prop. Code § 92.0081 and entitles you to damages of one month's rent plus $1,000, actual damages, attorney's fees, and a court order to be let back in.

6. Resources for Selma Tenants

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. If you have a dispute with your landlord or need legal assistance, please consult a licensed Texas attorney or contact a qualified legal aid organization in your area. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for any actions taken in reliance upon it.

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Frequently Asked Questions

Does Selma have rent control?
No. Selma has no rent control ordinance, and Texas state law prohibits any city or county from enacting one under Tex. Prop. Code § 214.902. This means there is no legal limit on how much a landlord in Selma can charge or increase rent.
How much can my landlord raise my rent in Selma?
There is no cap on rent increases in Selma or anywhere in Texas. A landlord can raise rent by any amount, provided they give you proper advance notice before the new rent takes effect — typically aligned with your lease renewal or the end of a notice period for month-to-month tenants (Tex. Prop. Code § 91.001). The only restriction is that a rent increase cannot be used as illegal retaliation for exercising your legal rights (Tex. Prop. Code § 92.331).
How long does my landlord have to return my security deposit in Selma?
Your landlord must return your security deposit within 30 days after you vacate the unit and provide a forwarding address (Tex. Prop. Code § 92.103). The landlord must also include a written, itemized list of any deductions. If they fail to do so in bad faith, you may be able to recover three times the wrongfully withheld amount, plus $100 and attorney's fees, under Tex. Prop. Code § 92.109.
What notice does my landlord need before evicting me in Selma?
For nonpayment of rent, Texas law requires at least 3 days' written notice to vacate before your landlord can file an eviction suit, unless your lease specifies a different period (Tex. Prop. Code § 24.005). For a month-to-month tenancy being terminated for other reasons, at least 1 month's written notice is required (Tex. Prop. Code § 91.001). The landlord must then file a forcible detainer suit in Justice of the Peace Court if you do not leave by the deadline.
Can my landlord lock me out or shut off utilities in Selma?
No. Self-help eviction is illegal in Texas. A landlord in Selma cannot change your locks, remove doors or windows, or cut off utilities such as electricity or water to force you out without first obtaining a court judgment and writ of possession (Tex. Prop. Code § 92.0081). If your landlord does any of these things, you are entitled to recover one month's rent plus $1,000, actual damages, and attorney's fees, and you can seek a court order to be immediately restored to your home.
What can I do if my landlord refuses to make repairs in Selma?
Under Tex. Prop. Code § 92.056, your landlord is legally required to make repairs that materially affect health or safety within a reasonable time after receiving written notice from you. If your landlord fails to act and your rent is current, you may have the right to repair-and-deduct (up to the lesser of $500 or one month's rent), terminate the lease, or sue for damages. You should document the problem in writing and keep copies of all communications. Contact Texas RioGrande Legal Aid at www.trla.org or Texas Law Help at texaslawhelp.org for guidance specific to your situation.

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