What are my legal obligations as a landlord in Texas regarding tenant screening and selection?
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As a landlord in Texas, you have various legal obligations when it comes to tenant screening and selection. These obligations are designed to protect both you and your tenants and ensure that you comply with federal and state fair housing laws.
One of your primary legal obligations is to treat all applicants fairly and equally. This means that you cannot discriminate against applicants based on their race, color, national origin, religion, sex, familial status, or disability. You must also ensure that all of your tenant screening criteria are neutral and do not have a disparate impact on any protected class.
When screening potential tenants, you are permitted to ask for certain information, such as their income, employment history, rental history, and credit score. However, you must use this information to determine whether the applicant meets your rental criteria, rather than as a means of discriminating against individuals based on protected classes.
You also have an obligation to provide applicants with certain disclosures and notices. For example, you must provide applicants with a notice of their rights under federal and state fair housing laws, as well as a copy of your rental criteria. You may also be required to disclose certain information about your property, such as any known lead-based paint hazards.
Finally, you must also comply with Texas law when it comes to security deposits and background checks. For example, you are limited in the amount of security deposit you can require, and you must return the deposit within a certain timeframe after the tenant moves out. You may also be required to provide applicants with notice of any adverse action taken based on their background check.
If you have any questions about your legal obligations as a landlord in Texas regarding tenant screening and selection, it is advisable to consult with a licensed attorney who specializes in landlord-tenant law. Additionally, you may want to consider partnering with a qualified property management company to help ensure that your screening and selection processes are compliant with all applicable laws and regulations.
