Texas turns rental criteria into a document with a statute behind it. Property Code §92.3515 says that when an applicant is given an application, the landlord “shall make available to the applicant printed notice of the landlord’s tenant selection criteria and the grounds for which the rental application may be denied, including the applicant’s criminal history, previous rental history, current income, credit history, or failure to provide accurate or complete information.” The applicant signs an acknowledgment; without a signed acknowledgment there is a rebuttable presumption the criteria were not provided, and a landlord who rejects an applicant without having made the notice available must refund the application fee and any deposit (§92.3515(e)). Consistency is then a fair-housing matter: the same criteria, applied in the same order, to everyone (Property Code Chapter 301).
Writing the criteria
| Criterion | Objective standard | Evidence accepted |
|---|---|---|
| Income | Gross monthly income of at least [x] times the rent, from all lawful sources for all applicants combined | Pay stubs, offer letter, benefit statements, tax return, bank statements |
| Rental history | No eviction judgment in the last [x] years; no unpaid balance to a prior landlord | Reference contact, court records |
| Credit | Score or specific negative items defined in advance | Consumer report obtained with consent (FTC) |
| Criminal history | Individualised: offence type, recency, relevance to safety of persons or property; no blanket bans on arrests | Report; applicant’s explanation |
| Accuracy | Application complete and truthful | Verification |
| Occupancy | Within the §92.010 limit and any local code | Application |
Applying them
- Give the criteria with the application and obtain the signed acknowledgment (§92.3515(b)–(c)); the acknowledgment may be in the application if underlined or in bold (§92.3515(d)).
- Process applications in the order received; note the time each was complete.
- Decide within seven days — silence is a rejection under §92.352 and triggers the application-deposit refund.
- Record the reason against the written criterion; if a consumer report contributed to a denial or a condition, send the adverse action notice the FCRA requires.
- Keep the acknowledgment, the application and the decision note together for your retention period.
What the criteria must not do
They may not screen on a protected class directly or through a proxy — “no children” as an occupancy rule, “English speakers” as a communication rule — and they should not adopt a blanket exclusion for any criminal record; an individualised assessment is the defensible approach under the fair housing statutes. Source of income is not a Texas protected class, and Local Government Code §250.007 bars cities from requiring voucher acceptance except as to veterans — but a written, consistently applied policy is still the protection.
Frequently asked questions
Must a Texas landlord give applicants the selection criteria?
Yes — printed notice of the criteria and the grounds for denial, made available when the application is provided, with a signed acknowledgment; otherwise a rejected applicant’s fee and deposit must be refunded (Property Code §92.3515).
How long does a landlord have to decide?
Seven days from a completed application; an applicant not notified of acceptance by then is deemed rejected (Property Code §92.352).
Can criteria exclude all criminal records?
A blanket exclusion is the highest-risk approach under the fair housing statutes; an individualised assessment of offence type, recency and relevance is the defensible practice (Property Code Chapter 301, HUD).
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 ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- HUD — Fair Housing Act overview ↗
- FTC — Using consumer reports: what landlords need to know ↗
- 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.