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Bastrop County Texas
Bastrop County · Texas

Bastrop County Landlord-Tenant Law

Texas landlord guide — county ordinances, courthouse info & local rules

📍 County Seat: Bastrop
👥 Pop. ~97,000+ (county)
⚖️ 4 JP Courts • 4 Precincts
🚀 SpaceX • The Boring Co. • Austin Exurb • Lost Pines

Bastrop County Rental Market Overview

Bastrop County is one of the most unusual real estate stories in Texas right now — a rural county that styled itself as a quiet foil to neighboring Austin and is now home to the beating heart of Elon Musk’s business empire. SpaceX’s Starlink satellite manufacturing facility, The Boring Company tunneling operation, and the future headquarters of X (formerly Twitter) are all located at a corporate compound along FM 969 and 1209 near the Colorado River. Together, Musk’s ventures have amassed over 600 acres in the county, brought approximately 1,200 direct medium- to high-skill jobs, and attracted $17.3 million in state semiconductor grant funding for SpaceX’s planned expansion — which will more than double the facility’s footprint. A short drive north sits Tesla’s 10-million-square-foot Gigafactory in eastern Travis County, whose 15,000 employees generate significant commuter housing demand in Bastrop. The county’s population has grown 31% since 2020 and is closing in on 100,000 residents.

For landlords, this creates a high-skill, high-income tenant pipeline that was virtually nonexistent five years ago. Average one-bedroom rents in Bastrop city run approximately $1,299–$1,387/month — meaningfully above the rural Texas average, though slightly down from peaks as Austin’s oversupply has softened demand across the metro fringe. The county also carries two important property disclosures: wildfire risk (the 2011 Bastrop County Complex Fire was the most destructive wildfire in Texas history) and the standard Texas floodplain disclosure for Colorado River-adjacent properties.

📊 Quick Stats

County Seat Bastrop
Population ~97,000+ (county); ~12,934 (Bastrop city); growing 31% since 2020
Key Communities Bastrop, Elgin, Smithville, Cedar Creek
Avg. Rent (1BR, Bastrop) ~$1,299–$1,387/mo (down ~3–6% YoY)
% Renter-Occupied ~51% (Bastrop city)
Distance to Austin ~45 min east via Hwy 71
Major Employers SpaceX (Starlink), The Boring Co., Tesla (nearby), Bastrop ISD, county government
Rent Control None
Just-Cause Eviction Not required

⚡ Eviction At-a-Glance

Nonpayment Notice 3-Day Notice to Vacate
Lease Violation 3-Day Notice to Vacate
Month-to-Month Term. 1-Month Written Notice
Wrong Precinct? Mandatory dismissal
Eviction Timeline 4–6 weeks typical
Security Deposit Return 30 days after surrender
Bad-Faith Penalty $100 + 3× withheld + atty fees
Wildfire Disclosure Required in lease (Tex. Prop. Code § 92.0135)
Statute Tex. Prop. Code §§ 92.001 et seq.; 24.001–24.011

Bastrop County Ordinances & Local Rules

Topic Rule / Notes
No Rent Control Texas preempts local rent control statewide. Bastrop County has none. Landlords may set and raise rents freely at lease renewal (Tex. Loc. Gov’t Code § 214.902).
⚠️ Wrong Precinct = Dismissal File evictions at the JP court for the precinct where the property physically sits. Bastrop County has 4 precincts: Pct. 1 = Bastrop city (courthouse); Pct. 2 = Smithville/east county; Pct. 3 = Cedar Creek/central county; Pct. 4 = Elgin/northwest county. Filing in the wrong precinct results in mandatory dismissal. Use bastropvotes.org’s precinct lookup tool to confirm your precinct before filing.
JP Court Locations by Precinct Precinct 1 • Judge Cindy Allen • 804 Pecan St., Bastrop, TX 78602 (County Courthouse) • (512) 581-4258 • Serves Bastrop city and surrounding west county

Precinct 2 • Judge Raymah Davis • 1624 NE Loop 230, Smithville, TX 78957 • (512) 581-7112 • Serves Smithville and east county

Precinct 3 • Judge Krystal Moncure Stabeno • 5785 FM 535, Cedar Creek, TX 78612 • (512) 332-7288 • Serves Cedar Creek and central county including FM 969/1209 corridor near Musk compound

Precinct 4 • Judge Larry Dunne • 1125 Dildy Drive, Elgin, TX 78621 • (512) 581-7162 • Serves Elgin and northwest county

⚠️ Wildfire Risk Disclosure The 2011 Bastrop County Complex Fire remains the most destructive wildfire in Texas history, burning over 34,000 acres and causing $325 million in losses. The Lost Pines forest creates persistent wildfire risk in the county’s wooded areas. Texas Property Code § 92.0135 requires landlords to disclose in the lease if a dwelling is located in a 100-year floodplain, but landlords should also proactively disclose wildfire risk in fire-prone areas as part of general habitability good practice. Ensure adequate property insurance with wildfire coverage and document property condition thoroughly at move-in.
Tech Compound / SpaceX Corridor (Pct. 3) The FM 969/1209 corridor in Precinct 3 hosts Musk’s SpaceX (Starlink), The Boring Company, and the incoming X headquarters. SpaceX received a $17.3M state semiconductor grant and is expanding to over 700,000 sq. ft. These facilities generate demand for workforce housing from engineers, technicians, and construction workers. Properties near Cedar Creek and the Highway 71/21 corridor are well-positioned for this demand. File at Precinct 3 (5785 FM 535, Cedar Creek).
Elgin Market (Pct. 4) Elgin, in northwest Bastrop County, sits along the Austin–Houston US-290 corridor and has historically been a gateway to Austin for working-class commuters. Elgin is also seeing tech commuter pressure from Austin and the Tesla Gigafactory in east Travis County. File Elgin-area evictions at Precinct 4 (1125 Dildy Drive); Judge Larry Dunne, (512) 581-7162.
No Zoning in Unincorporated County Most of Bastrop County is unincorporated and has no county-level zoning authority. Texas law gives counties few tools to restrict land use. This is part of why Musk’s companies chose the area — and why landlords can operate with significant flexibility in unincorporated areas. However, individual city limits (Bastrop, Elgin, Smithville) have their own zoning and permitting requirements.
Security Deposit No statutory cap. Return with itemized written accounting within 30 days of tenant surrendering premises (Tex. Prop. Code § 92.103). Bad-faith retention: $100 + 3× wrongfully withheld + attorney’s fees (§ 92.109).
Self-Help Eviction Prohibited Landlords may not change locks, cut utilities, or remove doors without a court order (Tex. Prop. Code §§ 92.008, 92.0081). Civil and potential criminal liability applies.
Late Fees Must be in written lease. Not collectible until rent is 2 full days past due. Maximum: 12% of monthly rent for 1–4 unit structures; 10% for 5+ units (Tex. Prop. Code § 92.019). At $1,350/month, the 12% cap allows a maximum late fee of $162.
Jan. 1, 2026 Law Changes Major changes to Texas eviction law (SB 38) took effect January 1, 2026. Note that Bastrop County JP Precinct 1 has posted an updated 2026 Eviction Petition form on its website. Verify all current notice language, required forms, and filing procedures with the appropriate court before filing after that date.

Last verified: March 2026 · Source: bastropcounty.gov

🏛️ Courthouse Finder

🏛️ Courthouse Information and Locations for Texas

💵 Cost Snapshot

💰 Eviction Costs: Texas
Filing Fee 54-149
Total Est. Range $150-$500
Service: — Writ: —

Texas State Law Framework

⚡ Quick Overview

3
Days Notice (Nonpayment)
3
Days Notice (Violation)
25-45
Avg Total Days
$54-149
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 3-Day Notice to Vacate
Notice Period 3 days
Tenant Can Cure? No - notice to vacate, not to pay. Tenant can pay during period but landlord not required to accept.
Days to Hearing 10-21 days
Days to Writ 5 days
Total Estimated Timeline 25-45 days
Total Estimated Cost $150-$500
⚠️ Watch Out

Texas notice is to vacate, not to pay. Landlord is not required to accept rent during notice period. Lease can shorten notice to 1 day or extend it. If tenant paid rent on time the prior month, landlord must give "Notice to Pay Rent or Vacate" instead. SB 38 (2025) streamlines squatter removal process.

Underground Landlord

📝 Texas Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Justice of the Peace Court (Forcible Detainer). Pay the filing fee (~$54-149).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Texas eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Texas attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: Texas landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Texas — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Texas's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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🔎 Notice Calculator

📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
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🏘️ Communities & Screening Tips

Bastrop city (Pct. 1) — county seat, tech & Austin commuter: The largest rental market in the county with ~51% renter-occupied. Tenant pool blends longtime county residents, Austin metro commuters (~45 min via Hwy 71), and a growing cohort of tech workers from SpaceX and Tesla. The downtown historic district and Lost Pines setting attract remote workers and lifestyle renters. File at Pct. 1 (804 Pecan St., courthouse); Judge Cindy Allen, (512) 581-4258.

Cedar Creek corridor (Pct. 3) — SpaceX/Boring/X zone: This is where the Musk compound sits and where the highest-skill workers are generating housing demand. Properties in the FM 969/1209 area and along Hwy 71 between Bastrop and the Travis County line are uniquely positioned for SpaceX engineers, Starlink technicians, and construction/contractor workers. File at Pct. 3 (5785 FM 535, Cedar Creek); Judge Krystal Moncure Stabeno, (512) 332-7288.

Elgin (Pct. 4) — US-290 corridor, commuter gateway: Elgin sits on the Austin–Houston corridor and has long been Bastrop County’s northwest gateway. More affordable than Bastrop city with a working-class and commuter tenant base. Benefits from Tesla Gigafactory commuter demand from east Travis County. File at Pct. 4 (1125 Dildy Drive, Elgin); Judge Larry Dunne, (512) 581-7162.

Smithville (Pct. 2) — Colorado River, film community: Smithville is Bastrop County’s “Film Hospitality Capital of Texas” designation holder, with a history of film productions and plans for a major studio. The Colorado River and small-town downtown attract lifestyle renters. Smaller market; tenant pool is local service workers and creative-economy residents. File at Pct. 2 (1624 NE Loop 230, Smithville); Judge Raymah Davis, (512) 581-7112.

Wildfire screening note: Properties in the Lost Pines area have meaningful wildfire risk. Require renters insurance, disclose fire risk in the lease, and document property condition at move-in with photographs and a signed checklist.

Bastrop County Landlords

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Bastrop County Texas Landlord-Tenant Law: SpaceX, Wildfire Risk, and the Austin Exurb Rental Market

Bastrop County is in the middle of the most consequential economic transformation in its history. For a county that spent most of the past two centuries as a quiet rural community along the Colorado River — defined by the Lost Pines forest, the historic town of Bastrop, and the small agricultural and service economy of Elgin and Smithville — the arrival of SpaceX, The Boring Company, and the planned relocation of X’s headquarters has rewritten the county’s economic identity overnight. Tesla’s 10-million-square-foot Gigafactory in neighboring east Travis County, a short drive away, adds thousands of additional potential tenants. For landlords, this is a once-in-a-generation demand shift. The legal framework for navigating it remains standard Texas law — but two locally specific disclosures matter enormously here: wildfire risk and the standard Texas floodplain notice.

The Four JP Courts of Bastrop County

Bastrop County operates four JP courts, one per precinct, with each serving a distinct geographic and economic submarket. JP Precinct 1, under Judge Cindy Allen, is located at the county courthouse at 804 Pecan Street in Bastrop (phone 512-581-4258). This is the primary court for Bastrop city evictions. JP Precinct 2, under Judge Raymah Davis, is at 1624 NE Loop 230 in Smithville (phone 512-581-7112), serving the eastern county including Smithville and surrounding rural areas. JP Precinct 3, under Judge Krystal Moncure Stabeno, is located at 5785 FM 535 in Cedar Creek (phone 512-332-7288). This court serves the central county corridor — including the FM 969/1209 area where SpaceX, The Boring Company, and X are all located. JP Precinct 4, under Judge Larry Dunne, serves northwest Bastrop County from 1125 Dildy Drive in Elgin (phone 512-581-7162).

The standard Texas wrong-precinct dismissal rule applies in full. File at the precinct where your property sits — not the precinct nearest to you or where you happen to be. The Bastrop County Elections website offers a precinct lookup by address at bastropvotes.org. Bastrop County JP Precinct 1 has posted an updated 2026 Eviction Petition form on its website, reflecting the major SB 38 law changes that took effect January 1, 2026. All landlords filing after that date should use current forms from the relevant court.

SpaceX, The Boring Company, and the New Tenant Profile

The Musk compound at FM 969 and 1209 in Bastrop County has brought an entirely new economic layer to this rural Texas county. SpaceX’s Starlink manufacturing facility received a $17.3 million state semiconductor grant and is expanding its footprint to over 700,000 square feet. The Boring Company operates an 80,000-square-foot warehouse on the same compound. X, the social media platform, is building its new headquarters on adjacent land. Together, Musk’s ventures directly employ approximately 1,200 mid- to high-skill workers in Bastrop County, with Tesla adding tens of thousands more in nearby east Travis County whose commuting radius easily reaches Bastrop.

For landlords, this creates a premium tenant segment — engineers, software developers, manufacturing technicians, and skilled tradespeople with above-average incomes who need housing within commuting range of the FM 969 area. Properties in the Cedar Creek corridor, along Hwy 71 east of Austin, and near the Bastrop city limits are all well-positioned. Average one-bedroom rents in Bastrop city run approximately $1,299–$1,387/month — slightly down from 2023 peaks as Austin metro oversupply has softened demand across the metro fringe, but well above what rural Bastrop County commanded before 2020. Single-family rentals in the $1,600–$2,500 range command a strong audience from tech workers who prioritize space and a non-urban environment.

Wildfire Risk: The Essential Bastrop County Disclosure

No Bastrop County landlord guide is complete without addressing wildfire risk. The 2011 Bastrop County Complex Fire remains the most destructive wildfire in Texas history, burning over 34,000 acres and causing an estimated $325 million in losses. The Lost Pines area — the westernmost stand of loblolly pine in Texas — that gives the county much of its character and scenic appeal is precisely the fuel source that makes wildfire risk persistent. Texas Property Code § 92.0135 requires landlords to disclose if a dwelling is in a 100-year floodplain; while there is not yet an equivalent statutory mandate for wildfire disclosure in Texas, landlords operating in known high-risk fire areas should proactively disclose that risk in their leases as part of good-faith habitability practice.

Practically, this means: carrying adequate property insurance that explicitly covers wildfire damage; requiring renters insurance as a lease condition with a note that it covers tenant’s personal property from fire; photographing all structures at move-in; and documenting evacuation plans or fire safety procedures in the lease. After a major wildfire event, the habitability provisions of Texas Property Code § 92.058 may apply if the premises become uninhabitable — which can trigger the tenant’s right to terminate the lease without penalty.

Security Deposits, Notices, and the January 2026 Law Changes

Texas Property Code § 92.103 requires the return of the security deposit within 30 days of the tenant surrendering the property, with an itemized written accounting of any deductions. The bad-faith penalty — $100 plus three times the wrongfully withheld amount plus attorney’s fees — applies throughout Bastrop County. At average rent levels of $1,350/month, a typical deposit creates bad-faith exposure of approximately $4,150 before legal fees. Use certified mail for the accounting, document deductions with photographs, and never commingle deposit funds with operating accounts. Major changes to Texas eviction law took effect January 1, 2026, under SB 38. Bastrop County JP Precinct 1 has already updated its eviction petition form for 2026. Confirm current forms and procedures with the relevant precinct court before initiating any eviction after that date.

This page is provided for general informational purposes only and does not constitute legal advice. Verify current eviction procedures and forms with the appropriate Bastrop County JP court before filing; wrong-precinct filings will be dismissed. Wildfire risk is elevated in the Lost Pines area — disclose and insure accordingly. Floodplain disclosure is required for applicable properties under Tex. Prop. Code § 92.0135. Major changes to Texas eviction law took effect January 1, 2026. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.

🗺️ Neighboring Counties
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Bastrop County has 4 JP precincts (Bastrop, Smithville, Cedar Creek, Elgin). Evictions filed in the wrong precinct will be dismissed — use bastropvotes.org’s precinct lookup to confirm before filing. Wildfire risk is elevated in the Lost Pines area of Bastrop County; disclose and insure accordingly. Floodplain disclosure is required under Tex. Prop. Code § 92.0135. JP Precinct 1 has an updated 2026 Eviction Petition form reflecting SB 38 changes effective January 1, 2026 — verify current forms before filing. Consult a licensed Texas attorney for specific guidance. Last updated: March 2026.

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