Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Tomball is a growing suburb in northwestern Harris County, Texas, attracting a significant renter population drawn by its proximity to Houston's job market, top-rated schools, and a more affordable cost of living compared to the urban core. As the area continues to develop, many residents rent single-family homes, townhouses, and apartments, making an understanding of tenant rights especially important.
Texas law governs the landlord-tenant relationship for Tomball renters. The Texas Property Code sets out specific rules on security deposits, habitability and repairs, notice periods, anti-retaliation protections, and the eviction process. Tomball has not enacted any additional local ordinances beyond these statewide protections. Renters most frequently search for information about rent increases, deposit return timelines, and what to do when a landlord refuses to make repairs.
This page is informational only and is not legal advice. Laws can change, and individual circumstances vary. If you have a specific legal problem, consult a licensed Texas attorney or a local legal aid organization.
Tomball has no rent control, and no city or county in Texas is permitted to enact it. Texas state law explicitly preempts all local rent control ordinances under Tex. Prop. Code § 214.902, which states that a municipality may not adopt or enforce any ordinance, rule, or other measure that controls the price of rent charged for residential rental property. The same prohibition extends to counties.
In practice, this means your landlord in Tomball can raise your rent by any amount at any time — as long as they provide the legally required advance written notice before the change takes effect. There is no cap on rent increases, no requirement that increases be tied to inflation, and no city office where you can challenge a rent hike. Once your lease term ends, you have the choice to accept the new rent, negotiate, or vacate.
For month-to-month tenants, the landlord must provide at least one month's written notice before a rent increase becomes effective, per Tex. Prop. Code § 91.001. If you are in a fixed-term lease, your rent cannot be raised until the lease expires unless the lease itself explicitly allows mid-term increases.
Although Tomball has no local tenant ordinances, Texas state law provides several meaningful protections that apply to every renter in the city.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Texas law does not cap the amount a landlord may charge as a security deposit. However, after you move out, the landlord must return the deposit — along with a written, itemized list of any deductions — within 30 days. If the landlord wrongfully withholds the deposit in bad faith, you may be entitled to three times the amount wrongfully withheld, plus attorney's fees under Tex. Prop. Code § 92.109.
Habitability & Repairs (Tex. Prop. Code § 92.056): Landlords in Tomball are legally required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, you must deliver written notice of the problem to the landlord or their agent. If the landlord fails to repair within a reasonable time (generally interpreted as 7 days for urgent issues), you may have the right to terminate the lease, repair-and-deduct (up to the lesser of $500 or one month's rent), or pursue other legal remedies under Tex. Prop. Code § 92.0561.
Notice to Terminate Tenancy (Tex. Prop. Code § 91.001): For a month-to-month rental agreement, either party must give at least one month's written notice before ending the tenancy. If your lease specifies a longer notice period, that longer period controls.
Anti-Retaliation (Tex. Prop. Code § 92.331): A landlord may not retaliate against a tenant for exercising a legal right — such as requesting repairs, contacting a code enforcement or housing inspector, or filing a complaint with a government agency. Prohibited retaliatory acts include raising rent, reducing services, or attempting to evict you within six months of a protected activity. A tenant who proves retaliation may recover one month's rent plus $500, actual damages, court costs, and attorney's fees under Tex. Prop. Code § 92.333.
Lockout & Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot change the locks, remove doors or windows, or shut off your utilities (water, electricity, gas) to force you out. Violating this law entitles the tenant to regain entry, recover one month's rent or $500 (whichever is greater), plus attorney's fees.
Texas law does not set a maximum limit on how much a Tomball landlord can charge for a security deposit — the amount is negotiated in your lease. What the law does strictly regulate is how and when that deposit must be returned after you move out.
Under Tex. Prop. Code § 92.103, a landlord must return your security deposit no later than 30 days after you surrender the property (return your keys and vacate). If the landlord withholds any portion, they must provide a written, itemized statement of each deduction and the reason for it within that same 30-day window. Normal wear and tear cannot lawfully be deducted from your deposit.
If your landlord fails to return the deposit or provide the itemized statement in bad faith, Tex. Prop. Code § 92.109 allows you to sue for:
To protect yourself, document the condition of the unit at move-in and move-out with dated photos, return keys in a verifiable way, and provide your forwarding address in writing so the landlord has no basis to claim they could not locate you. Providing a written forwarding address is specifically required under Tex. Prop. Code § 92.107 to preserve your right to the full penalty for wrongful withholding.
Texas law establishes a specific court-supervised eviction process. A landlord in Tomball cannot remove a tenant without following each step — any attempt to bypass the courts is an illegal self-help eviction under Tex. Prop. Code § 92.0081.
Step 1 — Written Notice to Vacate: Before filing in court, the landlord must deliver a written notice to vacate. Under Tex. Prop. Code § 24.005, the required notice period depends on the type of tenancy and the reason for eviction. For non-payment of rent, the minimum notice is 3 days unless the lease specifies a longer period. For month-to-month tenancies being terminated without cause, the landlord must give at least 1 month's notice under Tex. Prop. Code § 91.001. Notice may be delivered in person, by mail, or by posting on 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 a forcible detainer (eviction) lawsuit at the Harris County Justice of the Peace Court covering Tomball (Precinct 4). Filing fees apply, and the court will set a hearing date.
Step 3 — Court Hearing: Both the landlord and tenant may appear and present evidence. If the judge rules in the landlord's favor, a judgment for possession is entered. You have 5 days to appeal to the County Court at Law under Tex. Rules of Civil Procedure, Rule 510.9, and you may be required to post a bond or pay rent into the court registry during the appeal.
Step 4 — Writ of Possession: If no appeal is filed or the appeal is denied, the landlord may request a writ of possession, which authorizes a constable to physically remove the tenant and their belongings. Only a constable — not the landlord — may carry out a forced removal.
Illegal Eviction Tactics: A landlord who changes your locks, removes your doors or windows, or shuts off your utilities to force you out violates Tex. Prop. Code § 92.0081. If this happens, you may apply to the Justice of the Peace Court for an emergency order to be restored to your unit and may recover damages of at least one month's rent or $500, whichever is greater, plus attorney's fees.
Just Cause: Texas does not require a landlord to have just cause to terminate a lease after it expires or to decline renewal. However, a landlord may not evict in retaliation for a tenant exercising a legal right 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 your specific facts and circumstances. RentCheckMe makes no guarantee that this information is current, complete, or accurate as applied to your situation. If you have a specific legal problem — including an eviction, a security deposit dispute, or a habitability issue — you should consult a licensed Texas attorney or contact a qualified legal aid organization in your area. Do not rely solely on this page to make legal decisions.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.