It sounds like you have some grounds to request the sale be overturned.  

What's going to give you the most ROI, ROE?

Rent control laws are pervasive, and our Board of Stupidvisors is tripping over themselves trying to pass more restrictions, many of which get overturned in state supreme court as being unconstitutional or violating takings laws. 

But on top of just simple ROI and ROE, you need to calculate your net worth returns from writing off interest expense, principal paydown on two properties, appreciation on two properties, etc.

Licensed surveyor and certified land engineer have to draw out the map, show findings and disprove mine government, the fees, the forms and send to FEMA for a review .001 percent chance of over turning with all the flooding in the US today.

And while plenty of people say that you can get them overturned or adjusted, good luck with actually doing it. 

So in one sense the intent that you can demonstrate easily is that you intended to hold it.There is one large court case in the last few years where a developer had his 1031 overturned on a property he sold after something like 12 years. 

While it didn't get the appeal totally overturned, it was about 200K under what the assessment board actually wanted.  

The moral is: you have options, you can sell or refi/HELOC, to get the equity, and redeploy I many areas that are making a lot more than the 1.3% ROE you are currently achieving with your Austin rental.

While yes, one judge has overturned the eviction moratorium it is still in effect because of a stay on judgment that was issued that prevents it from being "law" until the appeal process is completed.