Houston / Jurisdiction guide

City, county or state? Which rules govern a Houston rental

By Homzora Team · September 22, 2026

A Houston mailing address does not always mean the City of Houston. Whether a home sits inside the city, in another city or in unincorporated Harris County changes which local standards apply and who enforces them, even though the core landlord and tenant rules come from the state.

The state sets the core rules

Texas landlord and tenant law is mainly statewide. Chapter 92 of the Texas Property Code governs security deposits, repairs, security devices, smoke alarms, late fees, lockouts, utility interruptions, flood disclosures and retaliation.^[1] Chapter 24 governs eviction suits.^[2] These rules apply in the same way whether a home is in Midtown, in Pasadena or in an unincorporated subdivision north of the city.^[1]

Federal law adds a floor of protection everywhere. The Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, familial status or disability.^[3] Properties with federally backed mortgages or federal housing assistance may be subject to additional federal rules, including a 30 day notice to vacate for nonpayment under the CARES Act at covered properties.^[4]

Protections that apply at every Houston area address

Because these rules come from the state, a renter keeps them whether the home is in the city, a neighboring city or an unincorporated subdivision. The most important are:

Deposit refunds: The landlord must refund the deposit, less lawful deductions with a written itemized list, on or before the 30th day after you surrender the home, and cannot deduct for normal wear and tear (Sections 92.103 and 92.104).^[5][6]
Repairs: After proper notice, and while you are current on rent, the landlord must make a diligent effort to repair conditions that materially affect the health or safety of an ordinary tenant (Section 92.052).^[7]
Security devices and rekeying: Required locks, latches, door viewers and sliding door devices, plus rekeying within seven days after each turnover (Sections 92.153 and 92.156).^[8][9]
Smoke alarms: Required in each bedroom, in hallways serving bedrooms and on each level (Section 92.255).^[10]
Flood disclosure: A written notice at or before lease signing about floodplain status and flooding in the past five years (Section 92.0135).^[11]
Late fees: Only if disclosed in a written lease, only after two full days of nonpayment, and generally no more than 12 or 10 percent of rent depending on building size (Section 92.019).^[12]
Lockouts, utility cutoffs and retaliation: Strictly limited, with civil penalties for violations (Sections 92.0081, 92.008 and 92.331).^[13][14][15]

Most of these protections cannot be waived in a lease.^[1] Where the Property Code does allow the parties to agree otherwise, it usually requires the agreement to be written and often to be underlined or printed in bold.^[1]

What cities can and cannot do in Texas

Texas limits local rental regulation. Cities cannot adopt ordinary rent control.^[16] Under Local Government Code Section 214.902, rent control is possible only during a housing emergency caused by a disaster, and only with the governor's approval.^[16] In 2023, the Legislature also passed House Bill 2127, known as the Texas Regulatory Consistency Act, which restricts local ordinances in fields covered by several state codes, including the Property Code, unless state law expressly allows them.^[17] The law took effect on September 1, 2023.^[17] A Travis County district court declared it unconstitutional that year, but the judgment did not stop the law from being enforced, and the state was expected to appeal.^[17] Check the current status of the litigation before relying on any local ordinance in these fields.

Cities do keep important powers over building standards, health and safety, and code enforcement. That is where Houston's own rules come in.

The City of Houston's rental air conditioning ordinance

On August 19, 2026, Houston City Council approved an ordinance requiring owners and operators of rental property to provide and maintain operable air conditioning in habitable spaces.^[18][19] The vote was 12 to 2.^[18] The ordinance gives owners 120 days to comply, which places the effective date on December 17, 2026.^[18][20]

The change closes a gap in the old rules. Previously, Houston's standards could be met without air conditioning if a unit had screened windows and could stay at or below 85 degrees or 20 degrees below the day's high temperature.^[19] Under the new ordinance, cooling can be provided by central air, window units, portable units or other refrigerated systems.^[19] Enforcement is complaint based and handled by the Houston Health Department.^[20] A tenant reports a problem through Houston 311, an inspector visits, and the city can issue citations.^[20] The ordinance applies within the city limits of Houston.^[18] It does not apply in unincorporated Harris County or in other cities in the region, which set their own standards or none.

Houston also approved a separate apartment inspection program on May 6, 2026, after months of delays and public meetings.^[21][22] Complexes with ten or more citations within six months can be designated high risk, must register for at least six months and face frequent inspections, with fines of $500 to $2,000 per day for each violation.^[21] An Apartment Standards Enforcement Committee with representatives of the police, fire and health departments coordinates the response.^[21]

Other City of Houston resources

Houston 311 is the entry point for most code, health and building complaints inside the city, including sewage leaks, lack of water, pest infestations and dangerous building conditions.^[3] The city's Housing and Community Development Department handles fair housing information and complaints about properties it funds.^[3] Before you call, write down the address, the unit number and a short description of the condition, so that the service request is complete and easy to follow up.

Is the address really in Houston?

Many addresses with a Houston mailing address are not inside the City of Houston. Postal boundaries do not follow city limits, and many Houston area neighborhoods are in unincorporated Harris County. Several separate cities also sit inside or beside Houston, including Bellaire, West University Place, the Memorial Villages and others.^[23] A home in any of those places follows that city's codes or, in unincorporated areas, county rules, which are generally far more limited.

To confirm, look up the property on the Harris Central Appraisal District website. The account record lists the taxing jurisdictions, and a home inside the City of Houston will show the city as a taxing unit.^[24] If the address might be outside Harris County, check the appraisal district for that county instead.

What changes in unincorporated Harris County

Renters in unincorporated areas should not expect the same local housing standards that apply inside the city. A rental in an unincorporated subdivision is still fully covered by the Property Code, but there may be no local housing code that sets cooling, heating or maintenance standards, and no city 311 system to call. Ask Harris County Public Health or the county fire marshal whether they can help with a specific health, nuisance or fire safety problem. For most habitability problems, though, the Property Code repair process is the main tool, which makes careful notices and records especially important. Many unincorporated neighborhoods are also served by municipal utility districts, which provide water and sewer service and appear as separate taxing units on the appraisal district record.^[24]

Which court hears a dispute

Most rental disputes are heard in the justice courts, the local courts led by justices of the peace. Harris County's justice courts are organized by precinct, and an eviction case must be filed in the precinct where the property is located.^[25][26] Justice courts also hear small claims, including deposit disputes, and can hear a tenant's repair case under the Property Code.^[27][28] Their monetary limit is $20,000, including any attorney's fees.^[27]

Texas eviction procedure changed on January 1, 2026, after Senate Bill 38 and new court rules took effect.^[25] The reforms changed how notices can be delivered, how quickly cases proceed and what a tenant must pay into the court registry to stay in the home during an appeal.^[25] Landlords must still go through court to remove a tenant.^[13] Lock changes for unpaid rent are allowed only under strict statutory conditions, and the landlord must give the tenant a new key at any hour.^[13] If you receive eviction papers, act the same day.

Keep a jurisdiction note for each address

When you compare several apartments, write a short jurisdiction note for each one. Record the city or unincorporated status, the county, the justice court precinct, the local complaint channel and whether a local cooling standard applies. Add the date you checked and the source you used. This takes a few minutes per address and prevents a common mistake: assuming that a protection you read about for the City of Houston also applies to a home a few blocks outside its limits.

Where to get help

TexasLawHelp publishes free guides and forms on Texas renter rights.^[26] Lone Star Legal Aid provides free civil legal help to eligible residents in the Houston region.^[3] The Greater Houston Fair Housing Center assists with discrimination complaints, and complaints can also go to the U.S.^[3] Department of Housing and Urban Development or the Texas Workforce Commission Civil Rights Division. For conditions that violate city codes, including the new air conditioning requirement once it takes effect, contact Houston 311.

This guide is research, not legal advice. Local ordinances and court rules change, and your facts matter. Never let a deadline pass while you gather general information.

Starting points by area

Midtown, Montrose, the Heights and Downtown: Inside the City of Houston in Harris County, so city codes, 311 and the new cooling ordinance apply.
Westchase: Largely inside the City of Houston, but check the appraisal district record for the exact address, because city limits in west Houston are irregular.
Energy Corridor: Much of the district is inside the city, but nearby addresses can fall in unincorporated Harris County. Confirm before assuming city rules apply.

Your completion record

City or unincorporated area confirmed
County confirmed
Justice court precinct
Local code complaint channel
Cooling standard that applies
Legal aid contact saved

Record the source and date for each item. Use the area shortlist to compare locations, and see the inspection guide for how to use these rules at a viewing.

Sources and official resources

Use the planning tools · All Houston guides