Austin / Jurisdiction guide

Which rules apply to an Austin rental?

By Homzora Team · September 26, 2026

In Texas, most landlord and tenant law comes from the state. Austin still sets building and property standards and runs its own programs, and the county decides which court hears a dispute. Knowing which layer governs an address tells you where to look and whom to call.

The state sets the core rules

Chapter 92 of the Texas Property Code covers the central parts of a residential tenancy: security deposits, repairs, security devices, smoke alarms, late fees, lockouts, utility interruptions, flood disclosure and retaliation.^[1] These rules apply in Austin exactly as they do in Dallas, Houston or any other Texas city. The most important for renters are these.

Deposits: Refunded on or before the 30th day after you surrender the home^[2], with an itemized list of deductions and no deductions for normal wear and tear.^[3]
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.^[4]
Security devices: Required locks, latches, door viewers and sliding door devices, plus rekeying within seven days after each turnover.^[5][6]
Late fees: Allowed only if disclosed in a written lease and only after two full days of nonpayment, generally capped at 12 percent of rent in buildings with four or fewer units and 10 percent in larger buildings.^[7]
Lockouts and utility cutoffs: Tightly restricted, with civil penalties for violations.^[8][9]
Retaliation: Protection for six months after you request repairs, exercise a legal right or make a good faith complaint to a government agency.^[10]

State protections for particular situations

Family violence. A tenant who is a victim of family violence can end a lease early by giving written notice and documentation, such as a protective order or records from a licensed health care provider or a family violence advocate. The tenant generally gives 30 days' notice and remains responsible only for rent owed before the lease ends, and a landlord that violates these rules can owe actual damages, one month's rent plus $500 and attorney's fees.^[11]

Utility cutoffs in extreme weather. A landlord generally may not interrupt utilities except for bona fide repairs, construction or an emergency. Where a landlord supplies and bills electricity, it may disconnect for nonpayment only after a separate written notice, and never on a day when temperatures are forecast to stay at or below freezing or when a heat advisory is in effect for the county.^[9]

Knowing who owns the building. You can request the name and address of the record owner and of any off site management company, and the landlord must provide that information within seven days of your written request.^[12] This matters if you need to send a notice or bring a claim and are unsure who is legally responsible.

Flood disclosure. A landlord must disclose in writing, at or before lease signing, whether it knows the home is in a 100 year floodplain and whether it has flooded in the past five years. If it fails to do so and you suffer a substantial flood loss, you may be able to end the lease within 30 days.^[13]

A lease copy. The landlord must give you a complete copy of the signed lease within three business days, and a landlord that fails to do so can be limited in enforcing the lease against you until it does, except in a suit for rent.^[14]

Why Texas cities have limited power over rentals

Texas restricts what cities can do in the rental market. A city may adopt rent control only if its council finds a housing emergency caused by a disaster and the governor approves the ordinance.^[15] In 2023, the Legislature also passed House Bill 2127, often called the Texas Regulatory Consistency Act, which limits local ordinances in fields the state already regulates, including property law. The law took effect on September 1, 2023. A Travis County district court declared it unconstitutional that year, but the ruling did not stop enforcement.^[16] For renters, the practical result is that most rights you can enforce against a landlord come from the Property Code, while city rules are enforced mainly through code inspections.

What the City of Austin adds

Cooling. Since July 10, 2025, Austin has required homes, including rentals, to have air conditioning capable of cooling habitable rooms to 15 degrees below the outdoor temperature while keeping the indoor temperature at or below 85 degrees. Window units can meet the rule, and owners who do not comply can be cited and fined.^[17]

The Repeat Offender Program. Rental properties with repeated code violations within 24 months, such as two or more uncorrected notices for dangerous or uninhabitable conditions, must register with the city, remain registered for at least two years and be inspected every year. Renters can search a public dashboard of registered properties and look up code complaints by address.^[18]

Relocation notices. Austin's Tenant Notification and Relocation Ordinance requires advance notice when a multifamily building of five or more units is to be demolished or redeveloped, with 120 days' notice for multifamily buildings and 270 days for mobile home parks, along with information about relocation resources.^[19]

Fair housing. Austin's ordinance adds sexual orientation, gender identity, marital status, student status and age to the characteristics protected by federal fair housing law.^[20]

Is the address really in Austin?

A mailing address can mislead. Postal boundaries do not follow city limits, and many homes with an Austin mailing address sit in another city, such as Round Rock or Pflugerville, or in an unincorporated part of Travis or Williamson County. City ordinances, including the cooling requirement and the Repeat Offender Program, apply only inside Austin's limits. Utilities can differ too. Austin Energy serves most of the city, while nearby areas are served by other utilities, some of which offer retail electricity choice and some of which do not.^[21]

To confirm the jurisdiction, look up the property on the Travis Central Appraisal District website^[22], which lists the taxing units for each property, including the city if there is one.

Which court hears a dispute

Most rental disputes in Texas are heard in justice courts, led by justices of the peace. Travis County has several justice of the peace precincts, and eviction cases are filed in the precinct where the property is located.^[23] Justice courts can also hear a tenant's repair case, with a monetary limit of $20,000 excluding interest and court costs.^[24]

Texas eviction procedure changed on January 1, 2026, when reforms from Senate Bill 38 and new court rules took effect. The changes affect how notices can be delivered, how quickly cases move and what a tenant must pay into the court registry to stay in the home during an appeal.^[25][26] A landlord must still use the court process to remove a tenant, and lock changes for unpaid rent are allowed only under strict conditions that always entitle the tenant to a new key.^[8] If you receive a notice to vacate or court papers, act the same day.

Checking a notice you receive

Before a landlord can file an eviction case, Texas generally requires at least three days' written notice to vacate, unless the lease sets a different period.^[27] Properties covered by the federal CARES Act, such as those with federally backed mortgages or federal housing assistance, must give 30 days' notice for nonpayment.^[26] The 2026 reforms also changed how notices may be delivered, including allowing electronic delivery only when the lease authorizes it.^[26] When you receive a notice, write down the date, time and method of delivery, keep the notice and any envelope, and check the period it gives you against your lease. Then contact the Austin Tenants Council or Texas RioGrande Legal Aid right away^[20], because an error in the notice can matter, but only if it is raised in time.

Where to get help

The Austin Tenants Council, a project of Texas RioGrande Legal Aid, provides counseling on the eviction process, reviews notices, offers mediation and helps tenants prepare for court. The city also partners with Texas RioGrande Legal Aid for emergency eviction counseling and representation.^[20] For code problems such as broken air conditioning or unsafe conditions, report them through Austin 311.^[18] TexasLawHelp publishes plain language guides and forms on Texas renter rights^[28], and the Texas Attorney General publishes a renters' rights guide.^[29]

This guide is research, not legal advice. Laws, court rules and city ordinances change, and the facts of your situation matter. Never let a response deadline pass while you gather general information.

How the layers work together

A simple example shows how the layers combine. Suppose the air conditioning in your Austin apartment stops working in July. Under the Property Code, you give written notice to the place where you pay rent, and the landlord must make a diligent effort to repair a condition that materially affects health or safety.^[4] Because the home is inside Austin, the city's cooling standard also applies, so you can report the problem to 311 and an inspector can cite the owner.^[17][18] If the property has a history of uncorrected violations, it may end up in the Repeat Offender Program, with annual inspections.^[18] And if the landlord responds by trying to evict you within six months, the retaliation protections of the Property Code apply.^[10] Each layer gives you a different tool, and knowing all of them helps you choose the fastest route to a repair.

Your completion record

City limits confirmed
County and justice court precinct
Electric utility for the address
Code history checked
Legal help contacts saved

Record the source and date for each item. See the inspection guide for how to use these rules at a viewing.

Sources and official resources

Use the planning tools · All Austin guides