Landlord & Tenant Attorney in Austin, Texas

Austin's rental market — driven by population growth, limited housing supply, and high demand — produces a large volume of landlord-tenant disputes in Travis County courts. Eviction filings in Justice of the Peace courts are among the most common civil proceedings in the county. Security deposit disputes account for a substantial share of small claims litigation. Both landlords and tenants benefit from understanding the specific Texas Property Code rules that govern their relationship — because courts apply those rules precisely, regardless of what the lease says if it contradicts the statute.

The Texas eviction process follows a specific procedural sequence that landlords must follow exactly. A notice to vacate must be served in writing, must specify the grounds for eviction, and must give the required notice period — three days for non-payment of rent, longer periods for other violations or for terminating a month-to-month tenancy. Service must be accomplished by one of the methods specified in the Texas Property Code — personal delivery, posting on the door with mail copy, or certified mail. An eviction suit filed before the notice period expires, or based on an improperly served notice, will be dismissed — and the landlord must start the process over. Procedural compliance is not optional in Texas eviction proceedings.

Tenants facing eviction in Travis County have more options than most realize. An eviction suit is filed in Justice of the Peace Court, and the hearing typically occurs within two to three weeks. A tenant who has a defense — payment of the disputed rent, improper notice, retaliation by the landlord for complaining about habitability — should present it at that hearing. A tenant who loses at the JP court level has five days to appeal to the County Court at Law for a de novo trial — starting over with a new hearing. Filing an appeal requires posting an appeal bond or a sworn affidavit of indigency. A real estate attorney can evaluate which defenses apply and whether an appeal is worth pursuing.

Security deposit disputes are governed by Texas Property Code Section 92 with enough specificity that most landlords who handle deposits incorrectly are technically violating the statute. The deposit must be returned within 30 days of the tenant vacating. If any portion is withheld, a written itemized statement of deductions must accompany the remainder of the deposit — or must be sent separately if the entire deposit is withheld. Deductions for normal wear and tear are prohibited. A landlord who fails to comply in bad faith faces statutory damages of $100, three times the wrongfully retained amount, and the tenant's attorney fees — a significant penalty relative to typical security deposit amounts in Austin.

Habitability disputes — situations where a landlord has failed to make repairs that affect health or safety — have a specific resolution procedure in Texas. The tenant must first give written notice of the needed repair. The landlord then has a reasonable time to make the repair, which courts interpret as seven days for urgent health and safety issues and longer for less urgent matters. If the landlord does not respond, the tenant has several options: terminate the lease without further rent obligation, hire a repair company and deduct the cost from rent (capped at one month's rent per repair event), or sue for damages. A tenant who simply stops paying rent without following the proper procedure loses the statutory protections the code provides.

We connect Austin landlords and tenants with real estate attorneys who handle the full spectrum of landlord-tenant disputes — eviction defense, wrongful eviction claims, security deposit litigation, habitability claims, and commercial lease disputes. There is no fee to request a connection. For eviction matters, time is always a factor — the clock on notice periods, hearing dates, and appeal deadlines does not pause while either party decides whether to get legal help.