Austin Landlord Laws, the 2026 Quick Guide

Austin operates under Texas state landlord-tenant law (Tex. Prop. Code Chapter 92) with the most tenant-friendly local overlay among major Texas cities. The City of Austin SOURCE Ordinance prohibits source-of-income discrimination, which is unique in Texas. This is the Austin-specific quick reference for 2026.

## Texas baseline

• Security deposit: no cap (Tex. Prop. Code 92.101+).
• Return deadline: 30 days from vacating + forwarding address (Tex. Prop. Code 92.103).
• Late fee cap: 12% (1-4 units) / 10% (larger), 2-day grace (Tex. Prop. Code 92.019).
• Notice to vacate: 3 days minimum (Tex. Prop. Code 24.005).
• Rent control: preempted (Tex. Loc. Gov't Code 214.902).

## Austin-specific rules

Austin's local overlay is the strictest in Texas:

• SOURCE Ordinance (City of Austin Code Chapter 5-15): prohibits discrimination based on source of income, including Section 8 vouchers, social security, disability, child support, alimony, unemployment. Austin landlords cannot refuse vouchers, advertise "no Section 8," or apply different criteria based on income source. This was upheld in 2018 against Texas state preemption challenges.
• Austin Habitability Code (Property Maintenance Code): stricter than Texas baseline on heat, electrical, plumbing.
• Tenant Relocation Assistance: required for certain no-fault terminations under Austin Code.
• Multifamily Inspection Program: city inspections for buildings of 5+ units.
• Lead-based paint: federal + Austin overlay for City-owned units.
• Tree Preservation: Austin Tree Ordinance can restrict removal of heritage trees on rental property.

## Austin eviction process

Austin evictions go through Travis County Justice of the Peace courts:

1. 3-day notice to vacate.
2. Forcible detainer petition.
3. Tenant answer within 6-10 days.
4. Hearing within 10-21 days.
5. Appeal window 5 days, bond required.
6. Writ of possession + constable lockout.

Travis County JP courts are typically more tenant-friendly in evidence weighing than Harris or Dallas counties.

## Common mistakes

Refusing Section 8 vouchers. Austin SOURCE Ordinance makes this discrimination. Penalties include fines and tenant suit. This is the most commonly missed Austin rule by out-of-state owners.

Applying different income requirements based on source. Austin requires uniform criteria across income sources. "3x rent in W-2 income" applied uniformly is OK; "3x rent in W-2 income only, vouchers not accepted" is unlawful.

For an Austin-ready Texas residential lease that flags SOURCE Ordinance language and includes Texas baseline compliance, see leasekit.io/templates/texas-residential-lease for $29 one-time.