A reference call verifies facts a prior landlord can know: dates, rent, payment record, notices, condition at move-out, and whether the deposit was returned. It does not invite opinions about the applicant’s character, family, background or health — those questions have no place under the fair housing statutes (Property Code Chapter 301) and no place in a decision that must be recorded against written criteria under Texas Property Code §92.3515. Ask the same questions of every reference, in the same order, and write down the answers.
The script
| Question | What it verifies | Do not ask |
|---|---|---|
| Did [name] rent [address] from you, and for what dates? | Residence history on the application | Anything about who else lived there beyond the lease |
| What was the monthly rent? | Affordability history | — |
| Was rent paid on time? How many late payments, and were late fees charged? | Payment criterion | “Were they difficult?” |
| Did you serve any notices — to pay, to vacate, for lease violations? | Rental-history criterion | “Why do you think that happened?” |
| Was the tenancy ended by the tenant, by you, or by expiry? With proper notice? | Move-out conduct | Reasons involving family, health or origin |
| Was the deposit refunded in full? If not, for what? | Condition at move-out | — |
| Would you rent to them again? | A summary the reference is free to decline | Follow-ups that fish for protected information |
Verifying the reference
- Confirm the reference is the landlord of record — appraisal-district ownership or a management company listing — not a friend with a phone.
- Call a number you found, not only the one the applicant gave.
- Ask the current landlord and the prior one; a current landlord may prefer a departure.
- Log the date, number, person and answers on the application file.
- Treat “no comment” as no information, not as a negative.
Using the answers
Compare each answer with the criteria — an eviction judgment within the stated years, an unpaid balance — and record the conclusion. A reference is not a consumer report, so the FCRA adverse action notice is not triggered by it alone; but if a screening report also contributed to a denial, the notice is still due (FTC).
Frequently asked questions
What can a landlord ask a prior landlord?
Factual questions about dates, rent, payment record, notices, how the tenancy ended and the deposit — the same questions for every applicant (Property Code §92.3515, Chapter 301).
How do I know the reference is genuine?
Check the property’s ownership on the appraisal district record or the manager’s listing and call a published number, not only the one the applicant supplied.
Does a bad reference require an adverse action notice?
Not by itself — a reference is not a consumer report; the notice is required when a consumer report contributed to the decision (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.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas Property Code, Chapter 301 — Texas Fair Housing Act ↗
- FTC — Using consumer reports: what landlords need to know ↗
- Texas State Law Library — Leases ↗
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.