Texas Rental Application

What information should landlords collect?

A Texas rental application is a landlord’s first opportunity to evaluate potential renters, so it’s important to gather the following information to help identify a reliable tenant:

• Names of applicants, co-applicants, co-signers, and their contact info,
• Social security numbers of applicants,
• Employment status and income verification,
• Smoking status,
• References from employer and past landlords (if applicable),
• Pet ownership, and
• Vehicle information.

TurboTenant, a property management software platform, offers free digital rental application templates to help Texas landlords save time and reduce manual work during the screening process.

Pre-Screener

Many landlords use a pre-screener after a renter expresses interest in their listing. These brief questionnaires help landlords determine whether the renter meets essential criteria before both parties proceed with a Texas rental application form.

Residential pre-screeners typically ask for:

• Contact information,
• Current employment status,
• Monthly income,
• Self-reported credit score,
• Desired move-in date,
• Number of people who will reside in the house/apartment/home,
• Whether the applicant has any pets, and
• Smoking preferences.

While pre-screeners can be a valuable tool for quickly sorting through leads and identifying suitable tenants who make rent collection easy, it’s important to remember that these questionnaires are not a substitute for a comprehensive screening report.

Federal Application Laws

Several federal laws and regulations govern the use of rental applications across all 50 states in 2026. These laws aim to prevent discrimination and ensure fairness in the application process.

Fair Housing Act (FHA): This landmark legislation prohibits discrimination in housing applications based on protected characteristics, including race, color, national origin, religion, sex, familial status, and disability.

Landlords in Texas cannot deny housing based on protected characteristics or ask discriminatory questions like, “Are you a Christian?” on their rental application.

These federal laws apply to landlords, property managers, and their employees. The Fair Housing Act also prohibits discriminatory advertising, the denial of housing, and unequal terms and conditions in the rental process (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): This set of regulations governs how landlords assess rental or credit applications, ensuring fair and unbiased evaluation.

Specifically, the ECOA prevents housing providers from denying housing or treating applicants differently based on factors such as race, religion, sex, age, marital status, or because someone receives public assistance or has exercised their legal rights under consumer credit laws (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): Texas landlords cannot deny an application solely because of an applicant’s disability. According to the ADA, screening parties should avoid using language on the form that could be interpreted as discriminatory toward people with disabilities.

Landlords may be required to make reasonable accommodations to their policies or practices to allow individuals with disabilities equal access and enjoyment of their dwelling. For example, a landlord’s legal obligation might include installing handrails or a wheelchair ramp at the front door (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): The FCRA governs how landlords use credit reports in rental applications, requiring them to obtain applicants’ explicit consent before running a credit check. Further, if a landlord denies an application based wholly or partly on information from a credit report, they must provide the applicant with an adverse action notice (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: This act prohibits racial discrimination in all property transactions, including renting and leasing (42 U.S.C. § 1981).

Texas Application Laws

In addition to federal laws that provide a baseline for fair housing practices, Texas has its own set of laws, the Texas Fair Housing Act, which expands on federal protections, including:

State-level enforcement: The Texas Workforce Commission Civil Rights Division (TWC-CRD) enforces fair housing laws at the state level, providing renters and applicants a local place to file complaints rather than going through federal agencies such as the U.S. Department of Housing and Urban Development (Tex. Prop. Code § 301.061).

Disability protections: The Texas Fair Housing Act prohibits disability-based discrimination and requires landlords to provide reasonable accommodations and modifications when necessary, aligning closely with federal Fair Housing Act standards (Tex. Prop. Code § 301.025).

State-level complaint process & penalties: Under the Texas Fair Housing Act, renters can file complaints directly with the state, which may offer a faster alternative to federal channels. Texas law allows for civil penalties, damages, and attorney fees, with enforcement procedures outlined across multiple sections of the statute (Tex. Prop. Code § 301.152).

TurboTenant can help you stay compliant with its free, digital rental application forms.

Pets, ESAs, and Service Animals

If you decide to allow pets in your rental property, include a dedicated section in your rental application to gather relevant information about the pet, including the type, breed, weight, vaccination status, and number of pets.

Service animals and ESAs: Understanding the distinction between regular pets and emotional support animals (ESAs) or service animals is vital. The Fair Housing Act protects individuals with disabilities who require ESAs or service animals. Texas landlords cannot discriminate against applicants based on whether their animal is an ESA or a service animal.

Furthermore, landlords cannot charge a pet deposit, pet rent, or any other fee for service animals or ESAs. They also cannot deny housing based on the breed, size, or weight of a service animal or ESA. And while landlords cannot discriminate against these animals, tenants remain liable for any damages they cause.

Denial Process

Landlords in Texas must ensure that they base all application denials on legal and consistent criteria applied to all applicants. Acceptable reasons for denial include:

• Insufficient income,
• Poor credit history,
• Adverse rental history (e.g., prior evictions, significant lease violations),
• Criminal background (within legal limitations), and
• Incomplete or false applicant-provided information on the Texas rental application form.

Denial notice: Under Texas law, landlords do not have to formally notify tenants that they have rejected their rental application unless they deny housing based on information discovered in the credit report.

Credit/Background denials: If the landlord decides not to sign a lease with the tenant because of information in the credit check or background report, they must notify the tenant accordingly with an adverse action notice. This notice should include:

• The name and contact information of the screening agency that generated the report,
• A reminder of the applicant’s rights in this situation, and
• Instructions on how the applicant can dispute any of the information found in the report (15 U.S.C. § 1681m).

Denied application and screening report storage: Texas does not require landlords to retain denied rental applications or screening reports for any period of time. However, the best practice is generally to store these documents for at least 1 to 2 years in case legal disputes or accusations of fair housing violations arise.