Last updated: April 2026
Austin renters have no rent control protections, but Texas law provides meaningful safeguards on security deposits, habitability, and eviction procedures. Here is what every Austin tenant should know.
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Austin is one of the fastest-growing cities in the United States, with roughly 950,000 residents and a renter population estimated at more than 45% of all households. The city's rapid population growth and booming tech economy have pushed rents significantly higher over the past decade, making tenant rights information critically important for the hundreds of thousands of Austin residents who rent their homes in Travis County.
Texas law — not any Austin-specific ordinance — governs the landlord-tenant relationship for Austin renters. The Texas Property Code sets the rules for security deposits, lease terminations, habitability repairs, and eviction procedures. Because Texas state law preempts local rent control ordinances entirely, Austin has not enacted — and legally cannot enact — any cap on rent increases. Understanding what the state law does and does not require is essential for any Austin renter navigating lease renewals, deposit disputes, or repair requests.
This page summarizes key tenant rights under Texas law as they apply to Austin renters. It is intended as a free educational resource only and does not constitute legal advice. Renters with specific legal questions should contact the Austin Tenants Council or a licensed Texas attorney.
Austin has no rent control, and Texas law forbids it. Under Tex. Prop. Code § 214.902, no city or county in Texas may enact an ordinance that controls the price of rent. This statewide preemption statute was enacted specifically to prevent municipalities — including Austin — from passing any form of rent stabilization or rent regulation, regardless of local housing conditions.
In practice, this means Austin landlords may raise rent by any amount at the end of a lease term, or — for month-to-month tenants — with at least one month's written notice under Tex. Prop. Code § 91.001. There is no cap on rent increases, no required justification for increases, and no city agency that reviews or limits rent hikes. Austin City Council cannot override this state preemption.
Renters who receive a rent increase notice should carefully review their lease to determine whether a fixed-term lease protects them from mid-lease increases, and should be aware of the notice deadlines required to terminate a month-to-month tenancy if the new rent is unaffordable.
Although Austin has no local tenant ordinances beyond state law, Texas law provides several meaningful protections for renters statewide.
Security Deposits (Tex. Prop. Code §§ 92.101–92.109): Landlords must return a tenant's security deposit — along with a written, itemized list of any deductions — within 30 days after the tenant surrenders the property. A landlord who wrongfully withholds a deposit in bad faith may be liable for three times the amount wrongfully withheld, plus the tenant's attorney's fees, under Tex. Prop. Code § 92.109. There is no statutory cap on the deposit amount a landlord may charge.
Habitability and Repairs (Tex. Prop. Code §§ 92.052–92.061): Austin landlords are required to make repairs that materially affect the health or safety of an ordinary tenant. To trigger this obligation, a tenant must deliver a written repair request, be current on rent, and give the landlord a reasonable time to make the repair — generally interpreted as at least 7 days. If the landlord fails to act, the tenant may have the right to terminate the lease, repair-and-deduct (up to the lesser of $500 or one month's rent under Tex. Prop. Code § 92.0561), or seek a court order compelling repairs.
Notice to Terminate Month-to-Month Tenancy (Tex. Prop. Code § 91.001): A landlord must give a month-to-month tenant at least one full month's written notice before terminating the tenancy. Tenants must provide the same notice to their landlord. Fixed-term leases automatically end on the lease expiration date unless renewed.
Anti-Retaliation Protection (Tex. Prop. Code § 92.331): A landlord may not retaliate against a tenant for filing a repair request, contacting a housing code inspector, joining a tenant organization, or exercising any other legal right. Retaliatory acts include raising rent, reducing services, filing a baseless eviction, or threatening the tenant. Under Tex. Prop. Code § 92.333, a tenant who prevails on a retaliation claim may recover one month's rent plus $500, actual damages, court costs, and attorney's fees.
Lockout and Utility Shutoff Prohibition (Tex. Prop. Code § 92.0081): Self-help eviction is illegal in Texas. A landlord cannot change the locks, remove doors or windows, remove the tenant's property, or shut off utilities in an attempt to force a tenant out without a court order. Violation of this statute entitles the tenant to recover possession of the dwelling, one month's rent plus $1,000, attorney's fees, and court costs.
Austin landlords are governed by the Texas security deposit statutes found at Tex. Prop. Code §§ 92.101–92.109. Key rules include:
No Statutory Cap: Texas law does not limit how large a security deposit a landlord may charge. Austin landlords may set the deposit amount at their discretion, and it is typically specified in the written lease.
30-Day Return Deadline: After a tenant vacates and surrenders the property, the landlord has 30 days to return the deposit or provide a written, itemized list of deductions along with any remaining balance (Tex. Prop. Code § 92.103). The 30-day clock starts when the tenant moves out and provides a forwarding address.
Itemized Deductions Required: Any deduction from the deposit must be for actual damages beyond normal wear and tear, unpaid rent, or other lease-allowed charges. The landlord must provide a written statement describing each deduction. Normal wear and tear — minor scuffs, carpet wear from regular use — cannot legally be deducted.
Penalty for Wrongful Withholding: A landlord who retains a deposit in bad faith — without providing the itemized statement, or by fabricating charges — may be liable under Tex. Prop. Code § 92.109 for three times the amount wrongfully withheld, plus the tenant's reasonable attorney's fees. To protect this right, tenants should provide a written forwarding address, document the unit's condition with photos and a move-out checklist, and keep copies of all written communications with the landlord.
Eviction in Austin is governed by Texas state law, primarily Tex. Prop. Code Chapter 24 (the Forcible Entry and Detainer statute) and the Texas Rules of Civil Procedure. Landlords must follow each step of this process and cannot use self-help to remove a tenant.
Step 1 — Written Notice to Vacate: Before filing in court, a landlord must serve the tenant with a written notice to vacate. For nonpayment of rent, the notice period is typically 3 days unless the lease specifies a different period (Tex. Prop. Code § 24.005). For month-to-month tenancies being terminated without cause, the landlord must provide at least 1 month's notice under Tex. Prop. Code § 91.001. Notice may be delivered in person, posted on the door, or sent by certified mail.
Step 2 — Filing in Justice of the Peace Court: If the tenant does not vacate after the notice period expires, the landlord may file an eviction lawsuit (called a forcible detainer suit) in the Travis County Justice of the Peace Court for the precinct where the property is located. The filing triggers a hearing, which is typically scheduled within 10 to 21 days of filing under Texas Rules of Civil Procedure Rule 510.
Step 3 — Court Hearing: Both parties may appear and present evidence at the hearing. If the court rules in the landlord's favor, it issues a judgment for possession. The tenant has 5 days to appeal to the Travis County Court at Law; filing an appeal and posting a bond stays enforcement of the eviction order during the appeal.
Step 4 — Writ of Possession: If no appeal is filed (or the appeal is denied), the landlord may request a writ of possession, which authorizes a constable to remove the tenant. Only a constable may physically carry out an eviction — the landlord may not do so personally.
Self-Help Eviction Is Illegal: Under Tex. Prop. Code § 92.0081, a landlord who locks out a tenant, removes their belongings, or shuts off utilities to force them to leave — without a court order — is liable for one month's rent plus $1,000, attorney's fees, and court costs. Tenants subjected to a lockout may contact Austin Code or the Austin Police Department and may file suit in Justice of the Peace Court to regain possession immediately.
No Just Cause Requirement: Texas does not require a landlord to have a specific reason (just cause) to decline to renew a lease or to terminate a month-to-month tenancy. Landlords must, however, comply with required notice periods and may not evict in retaliation for protected tenant activity under Tex. Prop. Code § 92.331.
No. Austin does not have rent control, and Texas state law makes it illegal for any city or county to enact rent control ordinances. Under Tex. Prop. Code § 214.902, Austin City Council is expressly prohibited from passing any ordinance that limits or regulates the amount of rent a landlord may charge. This preemption applies statewide and cannot be overridden by local vote or resolution.
There is no legal limit on how much an Austin landlord can raise your rent. For fixed-term leases, rent is set by the lease agreement and cannot be changed until the lease expires. For month-to-month tenants, a landlord may raise rent with at least one full month's written notice under Tex. Prop. Code § 91.001. If you receive a rent increase notice, review your lease carefully and ensure the notice period was properly followed.
Your Austin landlord must return your security deposit — along with a written, itemized list of any deductions — within 30 days of the date you vacate the property and surrender possession, per Tex. Prop. Code § 92.103. Be sure to provide your landlord with a written forwarding address to start the 30-day clock. A landlord who wrongfully withholds your deposit in bad faith can be liable for three times the withheld amount plus your attorney's fees under Tex. Prop. Code § 92.109.
For nonpayment of rent, your Austin landlord must give you at least a 3-day written notice to vacate before filing an eviction lawsuit, unless your lease specifies a longer period (Tex. Prop. Code § 24.005). For a month-to-month tenancy being terminated without cause, the landlord must provide at least one month's written notice under Tex. Prop. Code § 91.001. After proper notice, the landlord must still file in Travis County Justice of the Peace Court and obtain a court order before you can be removed.
No. Self-help eviction is illegal in Texas. Under Tex. Prop. Code § 92.0081, a landlord may not change your locks, remove doors or windows, remove your belongings, or disconnect utilities to force you out without a valid court order. A landlord who does so is liable to you for one month's rent plus $1,000, plus attorney's fees and court costs. If you are unlawfully locked out, you can contact Austin Police or file suit in Justice of the Peace Court to regain entry immediately.
If your Austin landlord refuses to fix a condition that materially affects your health or safety, Texas law gives you several remedies under Tex. Prop. Code §§ 92.052–92.061. First, submit a written repair request and give the landlord a reasonable time to respond — typically at least 7 days. If repairs are still not made, you may be entitled to terminate the lease, use the repair-and-deduct remedy (up to the lesser of $500 or one month's rent under Tex. Prop. Code § 92.0561), or seek a court order. You can also file a housing code complaint with the Austin Development Services Department.
The information on this page is provided for general educational purposes only and does not constitute legal advice. Tenant rights laws and local ordinances may change, and individual circumstances vary. Austin renters with specific legal questions — including eviction defense, deposit disputes, or habitability issues — should contact a licensed Texas attorney or a free legal aid organization such as the Austin Tenants Council or Texas RioGrande Legal Aid. RentCheckMe makes no warranty as to the accuracy or completeness of the information provided and is not responsible for actions taken in reliance on this content.
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