What does the law require on Tenant Selection Criteria?
This question has came up in our property management office meeting today and I can only answer for the law in Texas as this is where I have my real estate brokers license.
According to the Texas Property Code 92.3515 , a landlord must "make available" to the applicant a printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied at the time the applicant is provided with a rental application.
The tenant selection criteria may include the applicant's :
- Criminal history
- Previous rental history
- Current Income
- Credit History
A landlord may have other criteria included.
Additionally, the Texas Property Code states that failure to provide accurate or complete information on the application form can result in an applicant being rejected as a tenant.
The applicant must sign the acknowledgment indicating the landlord made the printed notice available. If it is not signed, there is a rebut-table presumption that the notice was not made available. This means a court would take as true the idea that the notice was not made available , unless someone could prove otherwise.
Most importantly, if the landlord rejects an applicant and the landlord has not made the printed notice of the landlords tenant selection criteria available, the landlord MUST return the application fee in addition to any deposit.
Another reason you need a professional property management company!!
We have all the systems in place to protect you and your investment.