A decision file shows four things: the criteria the applicant was given and acknowledged, the information considered, the criterion the decision rested on, and the notices sent. Texas supplies the first — Property Code §92.3515 requires the printed criteria and the signed acknowledgment, and without the acknowledgment there is a rebuttable presumption the criteria were never provided — and federal law supplies the last: the adverse action notice whenever a consumer report contributed (FTC). The file is what answers a fair housing complaint months later, when memory is the weakest evidence in the room.
The file
| Item | Content | Keep for |
|---|---|---|
| Criteria and acknowledgment | The version in force on the application date; the signed §92.3515 acknowledgment | With the file |
| Application | As submitted, with the completion timestamp | With the file |
| Information considered | Income evidence, reference notes, the consumer report reference number (not necessarily the report) | With the file; report disposed of on schedule |
| Decision note | Date; the criterion not met (or met); the person deciding; the order of applications for the unit | With the file |
| Notices | The status messages; the adverse action notice; the application-deposit refund record | With the file |
| Retention | A written period for declined files — long enough to answer a complaint | Then shred and delete |
Writing the decision note
- One line stating the outcome and the criterion: “Declined — income 1.8× rent against criterion 2.5×.”
- No adjectives, no speculation, no reference to any protected class or proxy.
- The names of the other applications for the same unit and their order, if the reason is “an earlier complete application was approved.”
- The date and the initials of the person who decided.
- Whether a consumer report contributed — which decides whether the adverse action notice was due — and the date it was sent.
Consistency across files
Read the last ten decision notes together once a year. If the same criterion produced different outcomes for similarly placed applicants, the criterion or its application needs fixing before the next file. That review is the small-landlord version of a fair housing audit (Property Code Chapter 301, HUD).
Frequently asked questions
What should a rental denial record contain?
The criteria given and acknowledged under §92.3515, the information considered, a one-line decision note naming the criterion, and the notices sent — including the adverse action notice where a report contributed (Property Code §92.3515, FTC).
How long should declined applications be kept?
For a written period long enough to answer a complaint about the decision, after which paper is shredded and electronic files deleted (FTC).
What should never appear in a decision note?
Any reference to race, color, religion, sex, familial status, national origin, disability or a proxy for them, and any speculation about the applicant beyond the criteria (Property Code Chapter 301).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- FTC — Using consumer reports: what landlords need to know ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- HUD — Fair Housing Act overview ↗
- Texas State Law Library — Housing discrimination ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.