FEE DISCLOSURE.

Austin City Code tit. 4, ch. 4-14, art. 4

in effect

Austin City Code § 4-14-140 APPLICABILITY.

§ 4-14-140 - APPLICABILITY. This article applies to a person who leases, rents, or manages: (1) five or more dwellings that are owned by one person and are used as a residence; or (2) spaces for mobile home or recreational vehicles that are owned by one person and are used as a residence. Source: Ord. No. 20260528-045, Pt. 2, 10-1-26.

Austin City Code § 4-14-141 DEFINITIONS.

§ 4-14-141 - DEFINITIONS. (A) In this article, (1) ACCOUNTABLE OFFICIAL means the City officer or employee designated by the city manager to administer, implement, or enforce this article. (2) DISCLOSURE means a written document that complies with Section 4-18-142 (Disclosure Required). (3) HOUSING mean dwellings rented or leased for use as a residence or spaces for mobile homes or recreational vehicles that are used as a residence. (4) MANDATORY FEE means the monthly cost of rent and any mandatory one-time or recurring fixed fees. (5) OPTIONAL FEE means a fee for goods, services, or amenities that the provider offers but a tenant is not required to accept. (6) PROVIDER means a person who leases, rents, or manages housing. (7) TOTAL FEES means mandatory fees, variable fees, and optional fees. (8) VARIABLE FEES means fees tenants must pay that are based on use or other factors not controlled by the provider. This includes utility fees. (B) A fee described in this article does not include fees assessed for tenant-caused damage, lease violations, or similar charges. Source: Ord. No. 20260528-045, Pt. 2, 10-1-26.

Austin City Code § 4-14-142 DISCLOSURE REQUIRED.

§ 4-14-142 - DISCLOSURE REQUIRED. (A) A provider is required to disclose the total fees due at the earlier of: (1) when the provider or the provider's agent gives the customer information about the amount of rent; or (2) before the customer submits an application for housing. (B) The disclosure must be in writing, include an itemized list of the total fees that will be assessed during the term of the lease, and: (1) the amount of mandatory fees and optional fees; and (2) an estimate of the variable fees. (C) The disclosure may be delivered to a customer electronically or by hand. (D) The accountable official may establish a disclosure form by administrative rule as set out in Chapter 1-2 (Administrative Rules). Source: Ord. No. 20260528-045, Pt. 2, 10-1-26.

Austin City Code § 4-14-143 ADVERTISEMENTS.

§ 4-14-143 - ADVERTISEMENTS. (A) In this section, ADVERTISEMENT means a notice that markets housing and is published in print or electronically on one or more websites. (B) When an advertisement includes any reference to the cost to rent housing, a provider is required to disclose the cost of rent and any recurring fixed fees that are mandatory within the advertisement. Source: Ord. No. 20260528-045, Pt. 2, 10-1-26.

Austin City Code § 4-14-149 OFFENSE, PENALTY, PRESUMPTION, AND AFFIRMATIVE DEFENSE.

§ 4-14-149 - OFFENSE, PENALTY, PRESUMPTION, AND AFFIRMATIVE DEFENSE. (A) A provider who violates or allows another to violate this article commits a misdemeanor punishable as provided by Section 1-1-99 (Offenses; General Penalty). (B) A culpable mental state is not required and need not be proved. (C) A provider that uses the disclosure form established by the accountable official and accurately fills out the form is presumed to comply with Subsection (A) of Section 4-14-142 (Disclosure Required). (D) It is an affirmative defense to prosecution if the provider establishes that the advertisement or listing was displayed without the provider's consent. Source: Ord. No. 20260528-045, Pt. 2, 10-1-26.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT4BUREPERE_CH4-14REPR_ART4FEDIFetched: 10/27/2026