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TEXAS LANDLORD GUIDE

Screening a guarantor or co-signer

A guarantor adds a separate obligation and usually needs a clear application and signed agreement. Screening should follow the same legal controls.

A co-signer — in Texas law a guarantor — signs a separate promise to pay if the tenant does not, is screened on their own application with their own consumer-report consent, and is bound only for the original lease term unless the lease says more. Property Code §92.021 provides that “a person other than a tenant who guarantees a lease is liable only for the original lease term,” and that a guarantor is liable under a renewal only if the original lease states the last date on which a renewal renews the guarantee, that the guarantor is liable under a renewal occurring on or before that date, and that the guarantor is liable for the renewal’s rent and other sums. Requiring a co-signer because of a consumer report is an adverse action, so the notice follows (FTC).

Screening the guarantor

  1. A separate application and a separate consent — the tenant’s consent does not authorise a report on someone else.
  2. A stated criterion, applied to every guarantor: for example, income of [x] times the rent from all lawful sources, and no eviction judgment in the stated period.
  3. Verification of income and identity as for a tenant; the income guide sets the method.
  4. A decision note against the criterion; an adverse action notice to the guarantor if a report contributed to declining them.

The guaranty document

GUARANTY — CLAUSES AND §92.021
ClauseWriteWhy
PartiesGuarantor by name; the tenant; the lease by date and addressIdentifies the obligation
ScopeRent, late fees, damage and other sums under the lease for the original term§92.021(a)
Renewals“The guarantor is liable under any renewal that occurs on or before [date]” — with that date, or the guaranty ends with the original term§92.021(b)
NoticeHow and where the landlord notifies the guarantor of a defaultPractical
SignatureGuarantor signs the guaranty; the guarantor does not sign the lease as a tenantKeeps roles distinct

When to require one

Only under a rule in the written criteria — for instance, where income falls between two stated multiples, or where rental history is shorter than a stated period — applied to every applicant in that position. A co-signer requirement imposed on one applicant and not on another who is similarly placed is the pattern fair housing complaints are built on (Property Code Chapter 301).

Frequently asked questions

How long is a Texas co-signer liable?

For the original lease term only, unless the original lease states the last date on which a renewal renews the guarantee and that the guarantor is liable under such a renewal (Property Code §92.021).

Can a landlord run a credit report on a co-signer?

Yes, with the co-signer’s own signed consent; the tenant’s consent does not cover a third party (FTC).

Is requiring a co-signer an adverse action?

Yes, when a consumer report contributed to the requirement; send the applicant the FCRA adverse action notice (FTC).

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.

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.

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