Before you start screening potential tenants, you should take certain steps to comply with the law.
01/27/2017 | Author: Editorial Staff
Before you start screening potential tenants, you should take certain steps to comply with the law.
The Texas Property Code requires that a landlord make available to an applicant a notice containing the tenant-selection criteria and a list of reasons for which an application may be denied.
The tenant-selection criteria may include the applicant’s criminal history, previous rental history, current income, or credit history—any of which may be grounds for rejection if a negative outcome is found.
If the landlord doesn’t make this notice available and rejects an applicant, the landlord must return the application fee and any application deposit. TAR’s Model Tenant-Selection Criteria Form satisfies this Texas Property Code requirement.
If you are managing a property on behalf of the property owner, you should talk with your client before adopting this form.
If using the Residential Lease Application (TAR 2003), which requires applicants to provide Social Security numbers, you must have a privacy policy in place and must make the policy available to prospective tenants upon request.
The Texas Association of REALTORS® offers a Model Privacy Policy that can be used to comply with state and federal requirements.
Reprint from Texas Association of Realtors by Editorial Staff