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Austin, TX Rental Property Rules: No-Fault Evictions (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

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

Summary

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.

Sec. 91.001. NOTICE FOR TERMINATING CERTAIN TENANCIES. (a) A monthly tenancy or a tenancy from month to month may be terminated by the tenant or the landlord giving notice of termination to the other. (b) If a notice of termination is given under Subsection (a) and if the rent-paying period is at least one month, the tenancy terminates on whichever of the following days is the later: (1) the day given in the notice for termination; or (2) one month after the day on which the notice is given.

Source: TX Property Code Ch. 24View official code

Full Breakdown

Texas is a no-fault eviction state. Under Section 91.001, an Austin landlord may end a month-to-month tenancy with one month's written notice. Fixed-term leases simply expire. After lease expiration or notice period, the landlord must give a three-day notice to vacate under Section 24.005, unless the lease specifies a different period, then file forcible detainer in Travis County Justice Court. Austin has not adopted a just-cause ordinance overriding state law. Federally subsidized housing (LIHTC, Section 8 project-based, public housing through HACA) does require good cause under federal program rules. Tenants may still raise retaliation defenses under Section 92.331 if eviction follows protected activity.

Violations & Fines

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.

Frequently Asked Questions

Can my Austin landlord evict me for no reason?
Yes, at lease end or by terminating month-to-month with 30 days' notice. Texas does not require just cause. Subsidized housing tenants have federal good-cause protection under HUD program rules.
How much notice must my Austin landlord give?
30 days for month-to-month under Section 91.001, then a 3-day notice to vacate before filing forcible detainer. The lease may shorten or extend the 3-day vacate period.

Sources & Official References

Other rules in Austin

Noise Ordinances: Quiet HoursSome RestrictionsParking Rules: RV & Boat ParkingSome RestrictionsRepairs & HabitabilitySome RestrictionsRelocation AssistanceSome RestrictionsTenant Anti-HarassmentLight RestrictionsJust Cause EvictionSome RestrictionsRental RegistrationLight RestrictionsNoise Ordinances: Vehicle NoiseSome RestrictionsParking Rules: EV ChargingSome RestrictionsParking Rules: Driveway RulesSome RestrictionsFence Regulations: Neighbor Fence RulesSome Restrictions

All Austin rules

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