Tenant Screening in Texas

If you’re looking for information specific to tenant screening in Texas be sure to check out our guide on that. It is filled with free resources and helpful tips for getting the best tenant in your rental.

Landlord Rights

According to Texas state law, landlords have the right to collect rent as specified on the lease agreement, and deduct repair costs from extreme damages to their property a.k.a. more than normal wear-and-tear and other miscellaneous items.

Landlord Responsibilities

You are legally required to keep rental premises livable in Texas, under a legal doctrine called the “implied warranty of habitability.”

Under Texas law, landlords must make certain disclosures to tenants (usually in the lease or rental agreement), such as tenant rights when a landlord fails to make repairs.

It is illegal to retaliate in Texas —for example, by attempting to raise the rent or evict a tenant for complaining about an unsafe living condition.


Tenants may be evicted for non-payment of rent, lease violations, if the lease has expired, or if no lease exists.

For more information on evictions in Texas, check this page out.

Section 8 Rules

The program has a policy to provide 75% vouchers to applicants with income below 30% of the median income level.

While states and cities across the U.S. have outlawed discrimination against voucher-holders, Texas is one of just two states that’s done the opposite. In 2015, Texas passed a law that ensured landlords cannot be punished for discriminating against families with vouchers.
Here’s more information on Section 8 Rules in Texas.

Texas Landlord Tenant Law FAQs

Here are the most frequently asked questions when it comes to landlord-tenant law in Texas.

What Are The Laws On Security Deposits In Texas?

Texas state law does not regulate the amount that landlords may collect from a tenant for a security deposit.

Texas law doesn’t specify how landlords must hold a tenant’s security deposit.

The state laws of Texas require landlords to return a security deposit to a tenant within 30 days of the end of tenancy.

Texas laws concerning security deposits can be found in Tex. Prop. Code Ann. §§ 91.001.

What Are The Laws On Application Fees In Texas?

Texas law does not place limits on any application fees that landlords can collect for tenant screening services.

What Are The Laws On Tenant Bad Checks In Texas?

Civil Penalties: None.

Criminal Penalties: Up to 2 years in jail and fines of up to $1,000 or both, plus any additional processing fees.

Allowable Fees: $30

What Are The Laws On Notice of Termination for Nonpayment In Texas?

In Texas, a landlord must give a tenant at least 3 days in which to pay rent or vacate. After that, the landlord can begin eviction proceedings according to Tex. Prop. Code Ann. § 24.005.

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