A rental advertisement describes the dwelling and the objective terms; it does not describe the tenant the landlord hopes for. The federal Fair Housing Act makes it unlawful to publish any advertisement “that indicates any preference, limitation, or discrimination” based on race, color, religion, sex, familial status, national origin or disability (HUD), and the Texas Fair Housing Act repeats the rule in Property Code §301.022 — notices, statements and advertisements indicating a preference are prohibited. Some Texas cities add classes: Brownsville’s 2022 ordinance names age, sexual orientation and gender identity; Laredo names age; El Paso names sexual orientation and gender identity. The checklist below keeps an ad on the right side of all of them.
Write about the property
| Avoid | Why | Write instead |
|---|---|---|
| “Perfect for a young professional / couple / single” | Describes the tenant (age, familial status) | “One-bedroom near downtown; 650 sq ft” |
| “No children” / “adults only” / “quiet building” | Familial status | State the occupancy limit: “Maximum occupancy 3 adults per bedroom under Texas law” |
| “Christian home” / “near [named church]” | Religion | Give the distance to transit, shops or parks |
| “Able-bodied” / “no wheelchairs” | Disability | Describe the access: “second-floor walk-up, no elevator” |
| “English speakers only” | National origin | Say nothing about language; provide translations if you wish |
| “No Section 8” | Lawful under Local Government Code §250.007 except as to veterans, but a signal of exclusion; check local rules | “Applicants screened on income, rental history and credit; see criteria” |
| Photographs showing only one type of family | Preference by image | Show the rooms, not the people |
Include what helps everyone
- Rent, deposit, application fee and where to obtain the written selection criteria — Texas requires the criteria to be made available with the application (Property Code §92.3515).
- Pet terms for pets, and the sentence that assistance animals are handled as accommodations.
- The equal housing opportunity statement or logo.
- Accessibility features present (ground floor, step-free entry, grab bars) stated as facts.
Where the ad appears
The rule applies to every channel — listing sites, social media, a sign in the yard, a text to a prior applicant. Keep a copy of each ad with its date; if a complaint is ever filed, the ad and the criteria together are the answer. And apply the same words to every enquiry: the reply that says “it’s still available” to one caller and “just rented” to another is the classic test case.
Frequently asked questions
What can a Texas rental ad not say?
Anything indicating a preference, limitation or discrimination based on race, color, religion, sex, familial status, national origin or disability (Property Code §301.022, HUD) — and, in cities with broader ordinances, age, sexual orientation or gender identity.
Can an ad say “no children”?
No. Familial status is protected; state a lawful occupancy limit instead (HUD).
Can an ad say “no vouchers”?
Texas law bars cities from requiring landlords to accept vouchers except as to veterans (Local Government Code §250.007), so the statement is generally lawful, but it advertises exclusion; stating the objective criteria is the better practice.
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.
- HUD — Fair Housing Act overview ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- 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.