A Texas rental application is a document that landlords use to assess potential tenants before signing a lease. By submitting this application, prospective tenants provide essential information that lets landlords ensure the tenant’s suitability.
Laws
- Application Fee – Refundable.
- Fee Limits – No limits.
- Security Deposit – There is no limit on how much landlords can charge for a security deposit.
Application Fee
- No Limit: Texas law does not limit the amount landlords can charge for fees. Generally, most landlords charge between $15 and $30 and will not consider an application without the fee.
- The landlord uses the fee for a background check and credit report.
- Selection Criteria Disclosure: The landlord must disclose their selection criteria and possible reasons for denying an application. If the landlord doesn’t make this disclosure and refuses a prospective tenant’s application, they must refund the application fee. [1]
- Penalties for Noncompliance: If the landlord refuses to return the application fee in bad faith, they must pay the following: [2]
- Three times the refunded amount
- An additional $100 sum
- The prospective tenant’s attorney fees (if applicable)
Fair Housing Protections
Texas law provides the following fair housing protections: [3]
- No Discrimination in Rentals: A landlord cannot refuse to rent a unit or negotiate a rental based on a tenant’s color, race, sex, religion, national origin, or familial status.
- Equal Terms and Services: A landlord cannot discriminate in the terms, conditions, or privileges of a rental or in providing related facilities or services based on the aforementioned characteristics.
Exception
A landlord isn’t prohibited from discriminating against a tenant if the tenant has been convicted of the illegal distribution or manufacturing of controlled substances under state or federal law.
Security Deposit Limits
- Maximum: Texas law does not limit the security deposit a landlord may request from a tenant.
- Handling: Landlords don’t have to follow any specific requirements for keeping a security deposit in a separate account or ensuring it accrues interest.
- Return: The landlord must return the security deposit within 30 days after the tenant surrenders the property. [4]
Pet Deposits
Texas law doesn’t specifically mention pet deposits, but landlords should still be mindful of realistic expectations when setting the amounts.
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