Austin, TX Rental Property Rules: Just Cause Eviction (2026)
Just cause eviction rules in Austin, TX, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.
Key Facts
- 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
Summary
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.
Sec. 24.005. NOTICE REQUIRED BEFORE FILING CERTAIN EVICTION SUITS. (a) If the occupant is a tenant under a written lease or oral rental agreement, the landlord must give a tenant who defaults or holds over beyond the end of the rental term or renewal period at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit, unless the parties have contracted for a shorter or longer notice period in a written lease or agreement. ... (b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days' written notice to vacate before the landlord files a forcible detainer suit.
Full Breakdown
Austin Ordinance 20221027-023 amended City Code Chapter 4-14 to require landlords to deliver a written notice of proposed eviction at least seven days before any notice to vacate, plus a tenant fact sheet. The pre-notice rule applies only to landlords owning five or more residential units (about 54% of Austin renter households). Exemptions: imminent physical-threat conduct, on-premises criminal activity, insured casualty loss making the unit unusable, and intentional damage. Texas HB 2127 (Texas Regulatory Consistency Act, the Death Star bill) took effect September 1, 2023, expressly preempting local property-code regulation including evictions. The Texas Third Court of Appeals upheld HB 2127 on July 18, 2025, so Chapter 4-14 remains on the books but its enforceability is in serious doubt.
Violations & Fines
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.
Frequently Asked Questions
Is Austin's 7-day pre-eviction notice still enforceable?
Which Austin landlords were covered by Chapter 4-14?
What did the 7-day notice have to include?
Sources & Official References
Other rules in Austin
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