Texas Rental Application

What information should landlords collect?

A Texas rental application is a landlord’s first opportunity to evaluate potential renters, so it’s important to gather the right information to help identify a reliable tenant, including:

• Names of applicants, co-applicants, co-signers, and their contact info
• Social security numbers of applicants
• Employment status and income verification
• Smoking status
• References from employer and past landlords, if applicable
• Pets
• Vehicle information

TurboTenant, a property management platform for landlords, offers free digital rental application templates to help save time and reduce manual work during the screening process.

Pre-Screener

As part of the application process, landlords in Texas often use a pre-screener after a renter expresses interest in their listing. These brief questionnaires help determine if the renter meets essential criteria before the landlord goes ahead with a rental application form.

Common questions asked in a pre-screener include:

• Contact information
• Current employment status
• Monthly income
• Self-reported credit score
• Desired move-in date
• Number of people who will reside in the house/apartment/home
• Whether the applicant has any pets
• Smoking preferences

While pre-screeners can be a valuable tool to quickly sort through leads and identify potentially suitable tenants who make rent collection a breeze, it’s important to remember that they are not a suitable alternative for a comprehensive online rental application.

Federal Application Laws

Several federal laws and regulations govern the use of rental applications across all 50 states. These laws aim to prevent discrimination and ensure a fair application process for all individuals.

Fair Housing Act (FHA)

This landmark legislation prohibits discrimination in housing applications based on protected characteristics, including race, color, national origin, religion, sex, familial status, and disability (42 U.S.C. 3601 et seq.).

Landlords in Texas cannot deny housing based on protected characteristics or ask discriminatory questions like, “Are you a Christian?” on their Texas rental application.

These federal laws apply to landlords, property managers, and their employees. The FHA prohibits discriminatory advertising, denial of housing, and unequal terms and conditions in renting. Your listing should follow these rules to attract applicants based on objective criteria, not protected characteristics.

Equal Credit Opportunity Act (ECOA)

The ECOA regulates how landlords assess rental or credit applications, ensuring fair and unbiased evaluation.

Specifically, it protects credit applicants from discrimination based on race, color, religion, national origin, sex, marital status, or age since all or part of the applicant’s income derives from any public assistance program or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act (15 U.S.C. 1691 et seq.).

Americans with Disabilities Act (ADA)

The ADA strictly prohibits discrimination based on disability (42 U.S.C. 126 et seq.).

Texas landlords cannot deny an application solely based on an applicant’s disability, either, and should avoid using language on the rental application template that could be interpreted as discriminatory toward people with disabilities.

Landlords may be required to make reasonable accommodations to their policies or practices to allow individuals with disabilities equal access and enjoyment of their dwelling.

Fair Credit Reporting Act (FCRA)

The FCRA governs how landlords use credit reports in rental applications (15 U.S.C. 1681 et seq.).

In Texas, landlords must obtain explicit consent from applicants before running a credit check. Furthermore, if a denial of application is based wholly or partly on information from a credit report, the landlord must provide the applicant with an adverse action notice.

Civil Rights Act of 1866

This act prohibits racial discrimination in all property transactions, including renting and leasing (14 Stat. 27 (Chapter 31)).

Texas Application Laws

In addition to federal laws that provide a baseline for fair housing practices, Texas has its own set of laws called the Texas Fair Housing Act, which expands on federal protections.

Here are the key areas where TFHA goes beyond federal law:

State-Level Enforcement

The Texas Workforce Commission Civil Rights Division (TWC-CRD) enforces fair housing laws at the state level, providing a local avenue for complaints rather than relying solely on federal agencies like HUD. TWC-CRD can impose state-specific penalties and remedies in addition to federal enforcement actions.

Additional Clarifications on Disability Protections

While the FHA requires reasonable accommodations for individuals with disabilities, TFHA explicitly outlines state-level procedures for handling modification disputes.

State-Level Complaint Process & Penalties

Under TFHA, complaints can be filed directly with the state, which may offer quicker resolution than federal channels. Texas can impose civil penalties, damages, and attorney fees, similar to federal law, but within its own legal framework.

Local Government Compliance

TFHA includes specific provisions requiring Texas cities and counties to align their local housing policies with fair housing principles, ensuring compliance at all levels.

When creating your Texas rental application template online with a resource like TurboTenant, staying informed about the latest state and federal regulations is crucial to ensure compliance. You can often find free rental applications online, but always verify their adherence to current laws.

Pets, ESAs, and Service Animals

If you decide to allow pets in your rental property, include a dedicated section within your rental application to gather relevant information about the animal, including the type of pet, breed, weight, and vaccination records.

Understanding the distinction between regular pets and Emotional Support Animals (ESAs) or service animals is vital. The Fair Housing Act protects individuals with disabilities who require ESAs or service animals. Texas landlords cannot discriminate against applicants based on whether their animal is an ESA or a service animal.

Furthermore, landlords cannot charge a pet deposit, pet rent, or any other fee for service animals or ESAs. They also cannot deny housing based on the breed, size, or weight of a service animal or ESA. While landlords cannot discriminate against these animals, tenants are still liable for damages caused by their ESA or service animal.

Denial Process

Landlords in Texas must ensure that they base all application denials on legal and consistent criteria applied to all applicants. Acceptable reasons for denial include:

• Insufficient income to afford the rent
• Poor credit history
• Adverse rental history (e.g., prior evictions, significant lease violations)
• Criminal background (within legal limitations)
• Incomplete or false information provided on the Texas rental application