Austin's Rental Property Rules: The Rules That Matter

Every city handles rental property rules a little differently. In Austin, Texas, there are 9 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.

Security Deposit Rules

Texas Property Code Section 92.103 requires Austin landlords to refund tenant security deposits within 30 days of move-out, with itemized deductions for damage beyond normal wear and tear; Austin imposes no stricter local rule.

Key details: Refund deadline: 30 days after move-out. Statute: TX Property Code Sec. 92.103. Bad-faith penalty: $100 plus 3x wrongful amount. Deposit cap: None under Texas law. Forwarding address: Tenant must provide in writing.

An Austin landlord who fails to return the deposit or provide written itemization within 30 days is presumed to have acted in bad faith. Tenants may sue in justice court for $100, triple damages, and attorney fees under Section 92.109.

Source-of-Income Discrimination

Austin enacted a source-of-income antidiscrimination ordinance in 2014, but Texas HB 1510 (2015), codified at Local Government Code Section 250.007, expressly preempted it. Private Austin landlords may legally refuse Section 8 vouchers today.

Key details: Austin ordinance: 20141211-050 enacted, preempted. Preemption statute: TX Local Gov't Code Sec. 250.007. Preempting bill: HB 1510 (2015). Federal status: Not protected under FHA. Disparate impact: Still actionable under FHA.

No enforceable Austin SOI rule covers voucher refusal after HB 1510. Voucher rejections become actionable only as pretext for race, disability, familial status, or national origin discrimination under federal Fair Housing Act and Austin Code Chapter 5-2.

The rules around source-of-income discrimination in Austin lean permissive, but that does not mean anything goes.

Section 8 Voucher Acceptance

The Housing Authority of the City of Austin (HACA) administers federal Housing Choice Vouchers, but landlord participation is voluntary because Texas Local Government Code Section 250.007 preempts mandatory acceptance.

Key details: Administrator: Housing Authority of Austin (HACA). Tenant share: 30 percent of adjusted income. Mandatory acceptance: No, preempted by HB 1510. Inspection standard: HUD HQS pre-occupancy. Programs: HCV, PBV, VASH, EHV.

After a HAP contract is signed, landlords must comply with HQS inspection standards or lose subsidy payments. Refusing to renew because the tenant uses a voucher may trigger federal good-cause review under HCV regulations, though pure non-participation is lawful.

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.

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.

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.

Rent Control

Austin has NO local rent control ordinance. Tex. Local Gov't Code § 214.902 preempts any Texas municipality from adopting rent control unless the governor approves it after a declared housing-emergency disaster. The Austin City Code contains no rent stabilization chapter and most rent increases are unrestricted.

Key details: Local Ordinance: None — no city rent control. Preemption Statute: Tex. Local Gov't Code § 214.902. Month-to-Month Notice: 1 month, Tex. Prop. Code § 91.001. Security Deposit Return: 30 days after surrender (§ 92.103). Enforcement: Texas state courts — no city rent board.

Because Austin has no rent cap there is no overage to recover. A retaliatory rent increase — one issued within six months of a protected tenant act such as a repair request or code complaint — triggers a civil penalty of one month's rent plus $500 plus actual damages and attorney fees under Tex. Prop. Code § 92.333.

Austin is more permissive than most cities when it comes to rent control. That said, there are still limits.

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.

This is not one of those rules that cities tend to ignore. Austin actively enforces its rental registration requirements.

The Bottom Line

Compared to many U.S. cities, Austin gives residents more room on rental property rules. 3 of the 9 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.