Can apartment deny me for Criminal or Rental History Issues?

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Yes, apartments can deny you legally for the applicant’s criminal history, previous rental history, current income, or credit history. 

But they should have provided you with their tenant selection criteria before you applied.

In Texas, landlords are required by law to provide applicants with a written explanation of their Resident or Rental Selection Criteria. This includes any reasons why an application might be denied. Valid reasons for denial can include the applicant’s criminal history, previous rental history, current income, or credit history. If a landlord fails to provide this written explanation, they may be required to refund any application fees¹.

 

Additionally, landlords should ask applicants to sign a form acknowledging that they have received and understood the tenant selection criteria. The law ensures that an applicant’s right to understand a landlord’s selection criteria cannot be revoked under any circumstances¹.

 

If you have been denied an apartment and have not received a reason, you may want to request this information from the landlord or property management company. If they do not comply, they could be in violation of Texas law¹

 

Landlords in Texas are legally obligated to furnish prospective tenants with a documented description of their tenant selection standards (also called Rental Criteria or Resident Criteria). This covers any potential grounds for denial of an application. The applicant's criminal history, past rental history, present income, or credit history are all acceptable grounds for rejection. A landlord might have to reimburse any application expenses if they don't give this documented justification¹.

Landlords should also request that potential tenants sign a document attesting to their receipt and comprehension of the tenant selection criteria. The law makes sure that an applicant is never denied the opportunity to learn about a landlord's selection criteria¹.

You might wish to ask the landlord or property management firm for this information if you were turned down for an apartment and haven't been given a reason. They may be breaking Texas law if they don't cooperate.

For more information, see the Texas State Attorney General’s web page and read the Rental Rights section. Remember, John is a Real Estate Broker and not an attorney and this is real estate advice, not legal advice.

¹ Texas Property Code §92.3515

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