Austin Landlord-Tenant Rules
Austin adds local rules on top of Texas landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| Required notices/registration | Notice of Proposed Eviction (adopted 2022): this rule applies to landlords who own five or more dwellings. Before giving a statutory notice to vacate, the landlord must give a written notice of proposed eviction. It must list the lease violations, give the tenant at least 7 days to cure them (including late rent), and include a bilingual (English/Spanish) tenants' rights notice. The notice must explain the right to stay during the eviction process and list legal resources. There are exceptions for imminent threats of harm, criminal activity, casualty loss, intentional damage, holdover after non-renewal, and repeat notices for the same non-rent violation. The ordinance says a notice to vacate has no effect if this rule is not followed. Likely preempted, so do not rely on it. Tex. Prop. Code Sec. 1.004 (added by HB 2127, 88th Leg., effective Sept. 1, 2023) says a city may not adopt, enforce or maintain an ordinance regulating evictions or 'prohibiting, restricting, or delaying delivery of a notice to vacate' unless another statute expressly allows it, and declares such an ordinance void (https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02127F.htm). Separately, SB 38 (effective Jan. 1, 2026) provides that only the Legislature may modify or suspend the eviction procedures in Prop. Code ch. 24 (Sec. 24.0043) and bars justice courts from adopting local rules that require mediation or other proceedings before an eviction trial (Sec. 24.00506) (https://capitol.texas.gov/tlodocs/89R/billtext/html/SB00038F.htm). Article 2 is still printed in the current Austin City Code (Aug. 26, 2026 version on Municode) with no repeal noted; it was last amended in February 2023, before HB 2127 took effect. It may remain in the code even though it is likely unenforceable. Code text: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT4BUREPERE_CH4-14REPR |
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| Tenant right to organize | Tenants have a right to establish and take part in a tenant organization, and landlords are prohibited from interfering with that right. Violations are an offense with a penalty. Only the opening sections of the ordinance were read. Details of the protected activities and the penalty were not extracted. |
| Fee disclosure (new 2026) | This rule covers anyone who leases or manages five or more dwellings, or mobile home/RV spaces, owned by one person. They must give a written, itemized disclosure of all fees for the lease term: mandatory fees, optional fees and an estimate of variable fees such as utilities. The disclosure is due when rent information is first given, or before an application is submitted, whichever is earlier. Ads that mention rent must also show the mandatory recurring fees. A violation is a misdemeanor. The rule applies from October 1, 2026 to providers with 50 or more dwellings, and from January 1, 2027 to smaller covered providers. Fees for tenant-caused damage and lease violations are excluded. |
| Fair housing (local protected classes) | The City of Austin Fair Housing Ordinance covers the federal classes plus sexual orientation, gender identity, marital status, student status and age. Complaints go to the Austin Equity and Inclusion Civil Rights Division at 512-974-3251. Austin's earlier source-of-income protection for voucher holders is limited by Tex. Loc. Gov't Code Sec. 250.007 (https://capitol.texas.gov/tlodocs/84R/billtext/html/SB00267F.htm). Whether Ch. 5-1 still lists source of income was not verified. |
| Tenant relocation notice | Landlords must give tenants timely notice and information about resources for displaced tenants when a multifamily building with five or more units is demolished, when the property is rezoned, or when a mobile home park is redeveloped. The City's Tenant Relocation Assistance Program helps low-income, elderly and disabled households facing displacement (tenantrelocation@austintexas.gov). Notice periods and benefit amounts are not stated on the page. |
| Rental registration/inspection | Austin requires certain rental properties to register under Chapter 4-14, Article 1 (Registration of Rental Property). This is the Repeat Offender Program for properties with repeated code violations. The 2022 ordinance shows the article's name and structure. Triggers, fees and inspection rules were not verified, because the Repeat Offender Program page could not be found. Report code violations to Austin 3-1-1. |
| Local rental assistance | City rent assistance ('I Belong in Austin') ended. March 2026 was the last month for rent assistance, and the portal closed indefinitely. The City continues to fund legal representation and negotiated eviction settlements through its legal service partners, subject to their capacity. Release dated February 27, 2026. The page says settlement support continues through the end of the fiscal year. Source: Official source |
Eviction cases in Austin are heard in: Travis County Justice of the Peace Courts (5 precincts); file in the precinct where the property is located
Eviction court, fees and help
Right to a lawyer in eviction cases
No guaranteed right to counsel. The City funds eviction representation for low-income renters through TRLA and other legal partners, subject to their capacity. Official source
Local agencies
- Austin Housing (Housing Department) — Tenant stabilization, renter resources, tenant relocation program and eviction-prevention funding.
- Austin Equity and Inclusion - Civil Rights Division — Takes fair housing complaints. 512-974-3251.
- Texas RioGrande Legal Aid - Austin Tenants Council Project — City-partnered eviction counseling, notice review, mediation and representation for low-income renters.
- Volunteer Legal Services of Central Texas — Free eviction legal help for eligible low-income tenants.
Frequently asked questions
What landlord-tenant rules does Austin add on top of Texas law?
Required notices/registration: Notice of Proposed Eviction (adopted 2022): this rule applies to landlords who own five or more dwellings. Before giving a statutory notice to vacate, the landlord must give a written notice of proposed eviction. It must list the lease violations, give the tenant at least 7 days to cure them (including late rent), and include a bilingual (English/Spanish) tenants' rights notice. The notice must explain the right to stay during the eviction process and list legal resources. There are exceptions for imminent threats of harm, criminal activity, casualty loss, intentional damage, holdover after non-renewal, and repeat notices for the same non-rent violation. The ordinance says a notice to vacate has no effect if this rule is not followed.; Tenant right to organize: Tenants have a right to establish and take part in a tenant organization, and landlords are prohibited from interfering with that right. Violations are an offense with a penalty.; Fee disclosure (new 2026): This rule covers anyone who leases or manages five or more dwellings, or mobile home/RV spaces, owned by one person. They must give a written, itemized disclosure of all fees for the lease term: mandatory fees, optional fees and an estimate of variable fees such as utilities. The disclosure is due when rent information is first given, or before an application is submitted, whichever is earlier. Ads that mention rent must also show the mandatory recurring fees. A violation is a misdemeanor. The rule applies from October 1, 2026 to providers with 50 or more dwellings, and from January 1, 2027 to smaller covered providers.; Fair housing (local protected classes): The City of Austin Fair Housing Ordinance covers the federal classes plus sexual orientation, gender identity, marital status, student status and age. Complaints go to the Austin Equity and Inclusion Civil Rights Division at 512-974-3251.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.