Guide to Legal Code

A legal code is an organized collection of laws. Below are listed most of the state and local statutes relevant to tenants. All state-level statutes can be found online here.

Disclaimer: This website is not intended to serve as a substitute for professional legal advice. We are not attorneys, and what is included in this document is only our best understanding of the law. Investigate the sources we cite for more thorough information, and consult with an attorney as needed to ensure the actions you take are in your best interest.

Texas

Statutes / Property Code / Title 8 - Landlord and Tenant
Ch. 91 - Provisions Generally Applicable to Landlords and Tenants

Statutes / Property Code / Title 8 - Landlord and Tenant
Ch. 92 - Residential Tenancies

• Includes the majority of tenant’s rights

Statutes / Property Code / Title 5 - Exempt Property and Liens / Subtitle B - Liens

Ch. 54 Landlord’s Liens

• Landlord’s right to hold tenant’s property in case of unpaid rent

Statutes / Property Code / Title 4 - Actions and Remedies
Ch. 24 - Forcible Entry and Detainer

• This is the section of state law that deals with evictions

Statutes / Local Government Code / Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities / Subtitle A - Municipal Regulatory Authority
Ch. 214 - Municipal Regulation of Housing and Other Structures

• Rights and regulations for installing communication utilities

Statutes / Health and Safety Code / Title 9 - Safety / Subtitle A - Public Safety
Ch. 757 - Pool Yard Enclosures

• Safety requirements for pools at apartment buildings

Statutes / Occupations Code / Title 14 - Regulation of Motor Vehicles and Transportation
Ch. 2308 Vehicle Towing and Booting

• Laws relating to landlord’s ability to tow

Austin

Code of Ordinances / Title 4 - Business Regulation and Permit Requirements / Ch. 4-14 - Rental Properties
Article 2 - Notice of Proposed Eviction

• Imposes additional requirements (to those of state) on landlords attempting to evict

Code of Ordinances / Title 4 - Business Regulation and Permit Requirements / Ch. 4-14 - Rental Properties
Article 3 - Tenant Right to Organize

• Subchapter H of Texas Property Code Ch. 92 declares that “A landlord may not retaliate against a tenant … because the tenant [...] establishes, attempts to establish, or participates in a tenant organization.” Article 3 of Austin code expands on this, giving Austin tenants a fairly robust right to organize.

Code of Ordinances / Title 25 - Land Development / Ch. 25-12 - Technical Codes / R325.9 Required Air Conditioning / Article 11 - Residential Code
25-12-243 - Local Amendments to the International Residential Code 

• “R325.9 Required Air Conditioning” of Article 11 requires landlords to provide air conditioning that maintains the room temperature “at least 15 degrees cooler than the outside temperature, but in no event higher than 85°F in each habitable room.” They are also responsible for the maintenance of the air conditioner: they must “maintain all fixed air conditioning systems, including air conditioning unit covers, panels, conduits, and disconnects, in operating condition, property attached.” So they cannot charge for this.

For more in depth information, look over Texas A&M Landlords and Tenants Guide. This is a very good resource that compiles the laws listed below in a more readable way and includes a small amount of legal commentary. (Note: this resource is from 2016, with updates from 2019).