Austin's Rental Property Rules: The Rules That Matter

Every city handles rental property rules a little differently. In Austin, Texas, there are 6 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Repairs & Habitability

Austin's Property Maintenance Code sets hard temperature floors and ceilings for rented housing: residential heating must reach 68F and, for commercial structures with dwelling or sleeping units, air conditioning must keep habitable rooms at least 15 degrees cooler than outside, never above 85F. Space heaters and unvented fuel-burning heaters cannot substitute for a working system.

Key details: Minimum heat: 68F in habitable rooms (PMC 602.2). Max cooling temp: 85F ceiling (PMC 603.7(A)). Cooling standard: 15F cooler than outside temp. Hot outside defense: 85F ok if outside exceeds 110F. Unsafe-structure duty: Repair plan + housing within 2 days.

An owner who fails to maintain required heat or cooling is subject to enforcement by Austin Code Compliance and referral to the Building and Standards Commission, which can order repairs and relocation accommodations; where a structure is found unsafe, the owner must submit a repair plan and arrange approved alternate housing for occupants within two days of notice under Sections 602.2 and 604.3.

Relocation Assistance

Austin's Tenant Relocation Assistance Ordinance, codified at City Code Chapter 25-1 Subchapter F, requires landlords to pay relocation benefits when manufactured-home parks close, multifamily properties demolish, or zoning changes displace tenants. Most private market evictions still require nothing.

Key details: Local ordinance: Austin Code Ch. 25-1 Subch. F. Triggers: Park closure, demolition, rezoning. Notice period: Up to 270 days. Property threshold: 5+ unit multifamily typically. Enforcement: Austin Code Department.

Landlords who fail to pay required relocation assistance or provide adequate notice face civil penalties up to $2,000 per day under Austin Code Chapter 25-1, plus tenant private right of action for actual damages and attorney fees.

No-Fault Evictions

Texas Property Code Chapter 24 allows Austin landlords to terminate month-to-month tenancies or refuse to renew fixed-term leases without cause, requiring only proper written notice; Austin imposes no just-cause requirement on private landlords.

Key details: Statute: TX Property Code Ch. 24 and 91. Month-to-month notice: 30 days written. Notice to vacate: 3 days minimum before filing. Just-cause required: No, except subsidized units. Court: Travis County Justice Court.

An Austin landlord who skips written notice or files eviction before the notice period expires loses the case in justice court. Tenants may also raise retaliation defenses under Section 92.331 if eviction follows protected activity.

The rules around no-fault evictions in Austin lean permissive, but that does not mean anything goes.

Tenant Anti-Harassment

Texas Property Code Section 92.331 prohibits landlord retaliation, and Austin City Code Chapter 5-2 forbids housing discrimination on protected-class grounds. Austin has no comprehensive Tenant Anti-Harassment Ordinance like Los Angeles or Seattle.

Key details: Retaliation statute: TX Property Code Sec. 92.331. Austin fair housing: City Code Ch. 5-2. Lookback window: 6 months from protected activity. Damages: 1 month rent plus $500 minimum. Enforcement agency: Austin Office of Civil Rights.

Retaliation within six months of protected activity triggers Section 92.333 damages of one month rent plus $500. Austin Code Chapter 5-2 violations carry administrative fines up to $2,000. Illegal lockouts under Section 92.0081 add $1,000 plus rent.

If you are coming from a city with tighter rules, you will find Austin gives residents more flexibility on tenant anti-harassment.

Just Cause Eviction

Austin City Code Chapter 4-14 (Ord. 20221027-023, Oct. 2022) requires landlords with 5+ units to give a 7-day notice of proposed eviction before any notice to vacate. Texas HB 2127 (eff. Sept. 1, 2023) preempts local eviction rules; the Third Court of Appeals upheld HB 2127 in July 2025.

Key details: Local Code Section: Austin Code Ch. 4-14. Ordinance Number: 20221027-023 (Oct. 27, 2022). Pre-Eviction Notice: 7 days before notice to vacate. Landlord Threshold: 5+ rental units. Status: Likely preempted. HB 2127.

Chapter 4-14 violations historically carried civil fines up to $500 per day under Code § 1-1-99. After the July 2025 Third Court of Appeals ruling upholding HB 2127, Austin's authority to enforce Chapter 4-14 is in serious doubt.

Rental Registration

Austin requires registration for short-term rentals (STRs) under City Code Title 25, Chapter 25-2, Article 4 (Short-Term Rental Ordinance). STRs are classified as Type 1 (owner-occupied), Type 2 (non-owner-occupied, non-multifamily), or Type 3 (non-owner-occupied multifamily). All types require an operating license from Austin Code Department. Long-term rentals do not require a separate rental registration. The city suspended issuing new Type 2 licenses in certain areas due to density caps.

Key details: Code Section: Title 25, Ch. 25-2, Article 4. STR Types: Type 1 (owner-occupied), Type 2 (non-owner), Type 3 (multifamily). License Required: Operating license for all STR types. Type 2 Cap: New licenses suspended in some areas due to density limits. Long-Term Rentals: No separate registration required.

Failure to register: $100–$500 per unit per month. Failed inspection with no correction: $200–$1,000 per violation per month. Operating unregistered rentals: may void landlord's right to collect rent in some states.

The rules around rental registration in Austin lean permissive, but that does not mean anything goes.

The Bottom Line

Compared to many U.S. cities, Austin gives residents more room on rental property rules. 3 of the 6 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.

These rules come from Austin's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.