Texarkana is a unique border city straddling the Texas-Arkansas state line, with the Texas portion located in Bowie County. Tenant rights for renters on the Texas side are governed entirely by Texas state law — Texarkana, TX has not enacted any local tenant protection ordinances. The primary statutes governing Texas landlord-tenant relationships are found in the Texas Property Code, Chapters 91–92.
Texas law provides meaningful baseline protections: a 30-day deadline for deposit returns with potential triple damages for wrongful withholding, repair-and-deduct rights for health-and-safety deficiencies, anti-retaliation protections, and an absolute prohibition on self-help evictions such as lockouts and utility shutoffs. However, rent control is expressly prohibited statewide under Tex. Prop. Code § 214.902.
This article is for informational purposes only and does not constitute legal advice. If you are facing an eviction or housing dispute in Texarkana, contact Lone Star Legal Aid (lonestarlegal.blog) or a licensed Texas attorney.
Texarkana, TX has no rent control, and Texas state law makes that permanent. Under Tex. Prop. Code § 214.902, cities and counties in Texas are explicitly prohibited from enacting any ordinance that controls the price of rent for private residential housing. This statewide preemption applies throughout Texas, including Bowie County.
A landlord in Texarkana can raise rent by any amount at any time, provided they give proper advance notice. For month-to-month tenants, at least one month’s written notice is required before a rent increase takes effect (Tex. Prop. Code § 91.001). Fixed-term leases lock in rent for the lease duration; increases only apply upon renewal or if the lease specifically allows them.
Texas state law provides several important protections that apply to every renter in Texarkana.
Habitability and Repairs (Tex. Prop. Code § 92.056): Landlords must make repairs that materially affect a tenant’s health or safety within a reasonable time after written notice. If they fail to act, tenants may terminate the lease, arrange the repair and deduct the cost from rent (up to the lesser of $500 or one month’s rent), or pursue remedies in justice court. Tenants must be current on rent and must have notified the landlord in writing at least once before exercising these remedies.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords must return the deposit with a written, itemized deduction list within 30 days after the tenant vacates. Wrongful withholding can result in three times the withheld amount plus attorney’s fees (Tex. Prop. Code § 92.109). Texas imposes no cap on deposit amounts.
Notice to Terminate (Tex. Prop. Code § 91.001): For month-to-month tenancies, a landlord must give at least one month’s written notice before terminating the lease. Tenants must give the same notice.
Anti-Retaliation (Tex. Prop. Code § 92.331): Landlords cannot retaliate against tenants for requesting repairs, contacting a code enforcement agency, or filing complaints. Retaliatory rent increases, service reductions, or eviction filings are prohibited. Remedies include 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. Landlords cannot change locks, remove doors, confiscate belongings, or interrupt utilities to force a tenant out. Remedies include one month’s rent plus $500, actual damages, and attorney’s fees.
Security deposit rules for Texarkana, TX renters are set by Texas state law. There is no cap on the deposit amount — a landlord may charge any amount agreed to in the lease.
Once you move out, your landlord has 30 days to return your deposit with a written, itemized statement of deductions. Under Tex. Prop. Code § 92.107, you must provide a written forwarding address to trigger the 30-day return deadline.
If your landlord wrongfully withholds your deposit without a valid itemized statement, you may sue for three times the amount wrongfully withheld, plus $100, plus reasonable attorney’s fees under Tex. Prop. Code § 92.109. Permitted deductions include unpaid rent, physical damage beyond normal wear and tear, and certain cleaning costs specified in the lease.
File a claim in Bowie County Justice Court without an attorney if the amount is within the court’s small claims limit. Keep all move-in inspection reports, photos, and written communications with your landlord.
Texarkana, TX landlords must follow a specific legal process to remove a tenant. Self-help eviction is illegal under Tex. Prop. Code § 92.0081.
Step 1 — Written Notice to Vacate (Tex. Prop. Code § 24.005): The landlord must deliver a written notice to vacate. For nonpayment of rent, the default notice period is 3 days (unless the lease specifies longer). For month-to-month termination without cause, the landlord must give at least 1 month’s written notice (Tex. Prop. Code § 91.001).
Step 2 — Filing an Eviction Suit: If you do not vacate by the deadline, the landlord may file a Forcible Entry and Detainer (FED) lawsuit in Bowie County Justice Court. You will receive a citation with your hearing date, typically set within 10–21 days.
Step 3 — Justice Court Hearing: Both parties present their case. You have the right to appear and raise defenses. If you lose, you have 5 days to appeal to County Court at Law.
Step 4 — Writ of Possession: If you do not vacate after losing, the landlord may request a Writ of Possession, authorizing a constable to remove you and your belongings.
No Just Cause Requirement: Texas does not require a specific reason to end a month-to-month tenancy. However, retaliatory evictions are prohibited under Tex. Prop. Code § 92.331.
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. RentCheckMe makes no guarantee that the information on this page is current, complete, or accurate as of the date you read it. If you are facing an eviction, a security deposit dispute, a habitability problem, or any other legal issue involving your rental housing, consult a licensed Texas attorney or contact a qualified legal aid organization. Do not rely solely on this page to make legal decisions.
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