Austin, Texas residential lease guide: notice of proposed eviction, Austin Energy

Austin is the one city in this series where the eviction sequence itself is different. Under Chapter 4-14, Article 2 of the City Code, a landlord who owns five or more dwellings must give a tenant a written “notice of proposed eviction” — with a bilingual, 16-point, bold, underlined header and a cure period of at least seven days — before the notice to vacate that state law requires. Utilities are the second difference: Austin Energy is a department of the City of Austin and the tenant has no provider to choose, and Austin Water is the city’s own utility as well. Add a floodplain regime that regulates against the 500-year floodplain and a repeat-offender registration that only bites after violations, and the Austin lease has four local features to get right. Each is set out below with the page it was read on in September 2026.

The notice of proposed eviction: who, what, when

Article 2 of Chapter 4-14 (Ordinance 20221027-023, effective November 7, 2022) “applies to a landlord who owns five or more dwellings.” Section 4-14-104 requires the notice to be in writing and to state the lease violations, the tenant’s right to cure them — including late payments — and the time allowed; §4-14-105 sets the minimum cure period at seven days. The header must read, in 16-point bold underlined type at the top of the first page, in English and Spanish: “A NOTICE OF PROPOSED EVICTION AND OPPORTUNITY TO CORRECT LEASE VIOLATIONS. YOU DO NOT HAVE TO MOVE WHEN YOU GET THIS NOTICE.” Delivery may follow Property Code §24.005(f), an email or portal the landlord regularly uses with the tenant, or posting on the front door. Under §4-14-106 a notice to vacate given before the cure period ends “shall have no effect.” Exceptions cover imminent threats, criminal activity, an insured casualty making the premises unusable, intentional damage and holdover after the tenant’s own notice. A landlord with fewer than five dwellings is outside the article, but nothing stops them from using the same sequence voluntarily.

The state layer sits on top. Since January 1, 2026, Property Code §24.005(e) lets the state notice period run concurrently with a locally required opportunity to respond, and §24.0041 fixes venue in the justice precinct where the property is located. Travis County has five JP precincts, each with a published map (Travis County — Justices of the Peace); Austin addresses in Williamson or Hays County use that county’s court.

Utilities: Austin Energy and Austin Water, both city-owned

Austin Energy describes itself “as a department of the City of Austin” and as “a community-owned utility” (Austin Energy — About). Under Utilities Code §40.051 the decision to open a municipal utility to retail competition rests with the city, and Austin has not made it; §39.102 excludes such customers from statewide choice. The lease therefore says the tenant opens an Austin Energy account in the tenant’s name from the start date, full stop. Austin Water is listed among the city’s utility services on the City of Austin portal; both appear on the single City of Austin Utilities bill. For a master-metered building, Water Code §13.5031 requires the rental agreement to describe the water allocation method and state the average unit bill.

Registration: only after violations

Austin has no general rental registration. Chapter 4-14, Article 1 requires registration of a multi-family or non-owner-occupied single-family rental only when the property receives two or more uncorrected notices of violation within 24 months, or two or more citations in 24 months, for violations of the technical codes, sanitation rules, pool rules or permit requirements. Registration then runs for at least five years with an annual fee set by separate ordinance, and violations carry a fine of up to $2,000 per day. For the lease, the relevant clause is the maintenance-reporting route: a tenant who reports problems to the landlord first, and a landlord who fixes them, keeps the property off the list. See the Austin registration guide.

Two more Austin clauses

Short stays. Chapter 4-23 (2025) defines a short-term rental as under 30 consecutive days, requires an operator’s license, bars platforms from taking bookings for unlicensed units and requires the operator to own or lease the unit. A subletting clause that prohibits listings under 30 days without the owner’s written consent keeps the tenant from creating an unlicensed operation.
Floodplain. Since November 2019 the city bases development regulations on the FEMA 500-year floodplain (Watershed Protection); the state disclosure asks about the 100-year floodplain. See the Austin flood plan.
Tenant organizing. Chapter 4-14, Article 3 grants tenants a right to establish or participate in a tenant organization; a lease clause cannot remove it.

WHAT TO WRITE IN AN AUSTIN LEASE
Clause	What changes for an Austin address	Source
Default and notices	For a landlord with 5+ dwellings: notice of proposed eviction with 7-day cure before any notice to vacate; header in English and Spanish	Chapter 4-14, Art. 2
Venue	Travis County JP precinct for the address (or Williamson/Hays); pay-or-vacate notice for a first late payment	Travis County JP · Property Code ch. 24
Electricity	Tenant opens an Austin Energy account; no provider choice	Austin Energy · Utilities Code §40.051
Water	Austin Water account holder named; allocation method if master-metered	City of Austin · Water Code §13.5031
Subletting	No stays under 30 days without written consent and a city operator’s license	Chapter 4-23

What changes in Austin

Landlords with five or more dwellings must serve a bilingual notice of proposed eviction with at least seven days to cure before the state notice to vacate.
Electricity and water are city-owned (Austin Energy, Austin Water); the tenant has no provider to choose.
Rental registration exists only for repeat code offenders — two uncorrected violations or two citations in 24 months.
The city regulates development against the 500-year floodplain, a wider line than the 100-year zone in the state disclosure.
Short-term rentals need a city operator’s license; platforms may not book unlicensed units.

Frequently asked questions

Does every Austin landlord have to give a notice of proposed eviction?

No. Chapter 4-14, Article 2 applies to a landlord who owns five or more dwellings. Smaller landlords follow the state notice rules in Property Code §24.005 only, though they may use the same sequence voluntarily.

How long is the cure period in Austin’s notice of proposed eviction?

At least seven days, under §4-14-105. A notice to vacate given before the cure period ends has no effect under §4-14-106.

Can my tenant choose their electricity provider in Austin?

No. Austin Energy is a city department and a community-owned utility (Austin Energy); under Utilities Code §40.051 the city has not opened its service area to retail choice.

Where is an eviction filed for an Austin address?

In the Travis County justice court of the precinct where the property is located (Travis County JP), as Property Code §24.0041 requires; Austin addresses in Williamson or Hays County file in that county.

Sources

Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.

General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.