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Austin, TX Rental Property Rules: Tenant Anti-Harassment (2026)

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

Key Facts

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

Summary

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.

Sec. 92.004. HARASSMENT. A party who files or prosecutes a suit under Subchapter B, D, E, or F in bad faith or for purposes of harassment is liable to the defendant for one month's rent plus $100 and for attorney's fees.

Source: Austin Office of Civil RightsView official code

Full Breakdown

Texas Property Code Section 92.331 makes it unlawful to retaliate within six months of a tenant's good-faith complaint to a government agency, exercise of a legal right, or participation in a tenant organization. Section 92.333 remedies include one month's rent plus $500, actual damages, attorney fees, and court costs. Austin City Code Chapter 5-2, the city's fair housing ordinance, prohibits harassment based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, familial status, age, marital status, student status, or creed, broader than federal law. The Austin Office of Civil Rights investigates Chapter 5-2 complaints. Beyond retaliation and protected-class harassment, no general anti-harassment ordinance covers buyout offers, repeated entry, or coercion.

Violations & Fines

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.

Frequently Asked Questions

Is landlord harassment illegal in Austin?
Retaliation tied to a complaint or legal right is illegal under Texas Property Code Section 92.331. Protected-class harassment is illegal under Austin City Code Chapter 5-2. General harassment lacks a dedicated ordinance.
What counts as retaliation under Texas law?
Eviction, rent increases, reduced services, or refusal to renew within six months of a tenant's good-faith complaint to a government agency, exercise of a legal right, or participation in a tenant organization.

Sources & Official References

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