Austin Has No Rent Control: Fee Rules and Texas Tenant Rights

Short answer: Austin tenant rights rest mainly on Texas tenant rights law, which sets no limit on rent increases or deposit amounts and leaves most eviction rules to the state. Austin adds what state law still allows: a rental registration and annual inspection program for repeat code violators, a new fee-disclosure rule that began October 1, 2026, a tenant notification and relocation ordinance for redevelopment, and city-funded eviction defense through Texas RioGrande Legal Aid.

Austin has tried harder than any other Texas city to protect renters, and it has run into the Legislature more than once. A city source-of-income rule prompted a 2015 state law that bars such ordinances for federal voucher holders, and a 2025 overhaul of Texas eviction procedure took effect for cases filed on or after January 1, 2026. Knowing which local rules survive, and which state rules now control, is the key to renting here.

Austin tenant rights at a glance

Topic	Austin rule	Source
Rent control	None; Texas has no law limiting rent increases	TexasLawHelp
Just cause	No just-cause requirement; leases end on their terms	Texas Property Code ch. 24
Fee disclosure	Total fees disclosed in writing before you apply: 50+ unit providers from Oct. 1, 2026; all others from Jan. 1, 2027	Austin Ordinance 20260528-045
Deposit cap and deadline	No cap; refund or itemized list within 30 days after you leave and give a forwarding address	Texas Attorney General
Entry notice	No statute; entry is governed by your lease	TexasLawHelp
Eviction court	Travis County Justice of the Peace court for the precinct where the rental sits	Travis County JP courts
Key local agency	Austin 3-1-1 for code complaints; Repeat Offender Program	City of Austin

No rent control, no deposit cap

TexasLawHelp, the state’s legal-aid information site, puts it plainly in its myths of renting guide: “Texas has no ‘rent control’ laws that limit the amount of rent increases.” When your lease ends, an Austin landlord can propose any new rent, and your choice is to accept, negotiate or move. During the lease term, the rent is fixed by the lease.

The same is true of deposits. According to TexasLawHelp’s security deposit guide, there is no limit on the amount a landlord can charge unless you live in public or subsidized housing. Rent paid in advance, application fees and non-refundable fees are not deposits. Our tool on rent affordability can help you weigh a renewal offer.

Austin’s fee-disclosure ordinance

Many Austin renters discover the true cost only at lease signing: trash valet, pest control, “community” fees, package lockers, payment processing. In May 2026 the City Council adopted Ordinance No. 20260528-045, which adds a fee-disclosure article to City Code Chapter 4-14.

Who it covers: anyone who leases, rents or manages five or more dwellings owned by one person, or mobile home or RV spaces used as residences.
When it applies: from October 1, 2026 for providers with 50 or more dwellings, and from January 1, 2027 for smaller providers.
What must be disclosed: a written, itemized list of total fees for the lease term, including mandatory and optional fees and an estimate of variable fees such as utilities. It is due when the provider first quotes rent or before you apply, whichever comes first.
Advertising: any ad that mentions rent must also show mandatory recurring fixed fees.

Violations are a misdemeanor, and the city does not have to prove intent. Fees for tenant-caused damage or lease violations are excluded. If a listing quoted you one number and the lease shows another, report it through 3-1-1.

Repairs and the Repeat Offender Program

Texas repair law is technical, and following the steps exactly matters. The Texas Attorney General’s renter’s rights page explains that you can demand repair of any condition that materially affects health or safety under Property Code 92.052, but only if your rent is current when the landlord gets your notice. Send a dated letter by certified mail, return receipt requested, or registered mail, or hand-deliver it and keep a copy.

The law presumes seven days is a reasonable time to repair. If the landlord has not made a diligent effort by then, you may be able to end the lease, repair and deduct, or ask a justice of the peace for a repair order. The AG notes that JP courts can order repairs costing up to $10,000 and that tenants can go without a lawyer. Withholding rent outside these procedures is not allowed.

The deduction is capped. The Austin Tenants Council’s Repair Rights guide says it may not exceed one month’s rent or $500, whichever is greater. A landlord also may not retaliate for a good-faith repair complaint for six months after you make it; see our guide to landlord retaliation, and the notice rules in Texas repair and habitability law.

When a building keeps failing inspections

Austin’s local tool is the Repeat Offender Program, created in 2013. A rental property not occupied by its owner must register if, within 24 months, it receives two or more notices of violation for dangerous or habitability conditions that were not fixed on time, five or more such notices on separate days whether fixed or not, or two or more citations. Owners must register within 14 days, stay on the list at least two years, and face annual inspections. The list is public, so check the city’s map before signing a lease.

A worked example: Jordan in Riverside

Jordan rents a one-bedroom in a large Riverside complex for $1,450 a month. In August the air conditioning fails and the unit hits 90 degrees. Jordan’s rent is paid. After a maintenance request goes nowhere, Jordan mails a dated repair letter by certified mail, return receipt requested, describing the problem as a threat to health.

The landlord now has a presumed seven days to make a diligent repair effort. If nothing happens, Jordan’s options include a JP court repair order or repair and deduct. The deduction cap is the greater of one month’s rent or $500, so here it is $1,450. Because the first letter went by certified mail, no second notice is needed.

Jordan also calls 3-1-1 to request a code inspection. If the complex collects enough unresolved violations, it could land in the Repeat Offender Program, which brings annual inspections. Jordan keeps photos, temperature readings and the mail receipt, and contacts Texas RioGrande Legal Aid before deducting anything.

Eviction rules after Senate Bill 38

Texas rewrote its eviction chapter in 2025. According to the enrolled text of Senate Bill 38, the changes apply only to eviction suits filed on or after January 1, 2026. The bill requires suits to be filed in the justice precinct where the property is located, counts weekends and holidays in statutory periods, and bars courts from adopting local rules that require pretrial mediation or extra content with the petition.

TexasLawHelp’s eviction guide explains the notices. If you have never been late during the lease, a nonpayment eviction requires a Notice to Pay Rent or Vacate. Other evictions require a Notice to Vacate. Either way, the deadline is three days unless your lease says otherwise, and many leases shorten it to one day. Most hearings take place 10 to 21 days after the petition is filed, and you have five days to appeal a loss.

Austin’s notice of proposed eviction

In 2022, the City Council adopted Ordinance No. 20221027-023, requiring landlords who own five or more dwellings to give a written notice of proposed eviction, with a chance to cure, before a notice to vacate. The notice had to carry a bold, underlined English and Spanish statement that the tenant does not have to move. SB 38 now lets a notice to pay rent or vacate run at the same time as any required opportunity to respond. If you received one of these notices, ask Texas RioGrande Legal Aid how it applies to your case.

Eviction in Austin: the local path, step by step

An Austin eviction moves through four local stages. First comes the written notice (and, for larger landlords, the city’s proposed-eviction notice described above). Next, the landlord files in the Travis County JP court for your precinct. Then comes a hearing, usually within weeks. Finally, if the landlord wins and you do not appeal within five days, the court can issue a writ of possession. The city’s renter resources page names no right-to-counsel ordinance, and SB 38 stops courts from requiring pretrial mediation, so free help comes through the legal-aid groups listed below rather than a court program. The full statewide sequence is in our Texas eviction process guide.

Where Austin evictions are heard

Evictions are filed in one of Travis County’s five Justice of the Peace courts, in the precinct where the rental is located; the county posts a precinct map to look up an address. Precinct 4’s eviction page, for example, says the notice to vacate must be written and unconditional, and the landlord must wait three days after serving it unless the parties agreed to a shorter period. It lists a $144 filing and service fee and a $205 writ of possession fee.

The county’s self-represented litigant pages include information for tenants who have had an eviction filed against them. For a plain-language overview, see how the eviction process works, or count your deadlines with the eviction notice timeline.

Who to call in Austin

Austin 3-1-1: code complaints, repair inspections and fee-disclosure reports.
Texas RioGrande Legal Aid: the city’s partner for emergency eviction counseling, representation and prevention for low-income renters. TRLA also runs the Austin Tenants Council Project, which handles housing discrimination, landlord-tenant education and repairs, and BASTA, which supports tenant associations.
Austin Tenants Council (a TRLA project): trained housing advocates counsel tenants “in and around Austin” on Texas Property Code rights, repairs and fair housing, by phone or through an English and Spanish online intake form on the ATC page. Staff are not attorneys, so they refer eviction cases on.
Volunteer Legal Services of Central Texas and Texas Legal Services Center: both listed by the city as legal help for low-income households; start at vlsoct.org or tlsc.org.
Austin Public Health Neighborhood Services Unit: limited rent and Austin Energy assistance through the Rent and Utility line, (512) 972-5780, according to the city’s renter resources page. The city’s separate I Belong in Austin emergency rental assistance portal closed after its final March 1 to 7, 2026 application period.
Tenant Relocation Assistance Program: the city’s Tenant Notification and Relocation Assistance Ordinance sets notice and relocation requirements when redevelopment displaces tenants.
Austin Housing Authority: voucher and public housing waiting lists, (512) 477-4488.
2-1-1: 24-hour referrals statewide.

Texas tenant rights baseline

Deposit return: the AG explains that you must give a forwarding address, and the landlord must return the deposit, minus any deductions, within 30 days, with an itemized list of deductions. Normal wear and tear cannot be charged. Do not skip the last month’s rent to “use up” the deposit; TexasLawHelp warns that can make you liable for three times the rent withheld.
Utilities: under Property Code 92.008, a landlord generally may not interrupt utilities except for bona fide repairs, construction or an emergency.
Security devices: landlords must install keyed deadbolts, window latches, door viewers and sliding door locks at their expense under 92.153.
Entry: no statute sets a notice period. Your lease controls, so read its entry clause.
Source of income: Local Government Code 250.007, added by S.B. 267 in 2015, bars cities from requiring landlords to accept federal housing assistance, with an exception for veterans’ income.

For deposit deadlines and penalties, see the Texas security deposit law guide and the deposit demand letter tool. You can also compare with Houston.

Frequently Asked Questions

Can Austin cap my rent increase?

No. Texas has no rent control law, and Austin has no rent cap. Your protection is the lease itself: during its term, the rent cannot change unless the lease allows it. Negotiate early and get any renewal offer in writing.

What fees must an Austin apartment disclose before I apply?

From October 1, 2026, providers with 50 or more dwellings must give an itemized written list of all mandatory and optional fees, plus an estimate of variable fees, before you apply. Smaller providers with five or more dwellings follow from January 1, 2027.

How do I check whether a complex is a repeat code offender?

Search the city’s public Map of Repeat Offender Registrations, linked from the Repeat Offender Program page. Properties on the list stay there at least two years and are inspected annually.

Which court will hear my Austin eviction?

The Travis County Justice of the Peace court for the precinct where your rental is located. Senate Bill 38 made that venue rule mandatory statewide. Your citation names the court and the hearing date.

How much can my landlord keep from my deposit?

Only amounts for damage beyond normal wear and tear and charges you legally owe under the lease. The landlord must itemize deductions and return the rest within 30 days after you move out and provide a forwarding address in writing.

Where can I get free legal help in Austin?

Texas RioGrande Legal Aid is the city’s eviction defense partner. Nothing on this page is legal advice; if you have a notice or a court citation, contact TRLA the same day, because Texas eviction deadlines are measured in days.

Nearby and related city guides: San Antonio tenant rights, Dallas tenant rights. See every city in our tenant rights by city index.