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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The Texas Triangle

"The Texas Triangle" also known as the TEX-A-PLEX

We all know that Texas is a vast state, but most people are unaware of "The Texas Triangle," also known as the TEX-A-PLEX!

Austin, Dallas-Fort Worth, Houston, and San Antonio form a triangle region that is undergoing unprecedented expansion. In 2020, the Texas Triangle's population was almost 21 million. The Texas Triangle is home to more than 70% of all Texans and includes five of the country's 20 largest cities: Dallas, Fort Worth, Austin, Houston, and San Antonio.

Did you know:

µ µ  The Dallas Fort Worth International Airport (DFW) is larger than all of Manhattan.

µ µ  The The University of Texas at Austin is the third largest landowner in the US.

µµ  San Antonio is larger than New York City and Detroit combined.

µ µ  Houston has a higher population than Colorado and 34 other states.

µ µ  Texas has four of the top ten SMSAs (metropolitan statistical areas according to the US Census Department).

µ µ  Texas is the biggest exporter of goods in the US.

µµ  Dallas has the fourth most billionaires in the world.

µ µ  Houston boasts over 5,000 energy-related enterprises and is the energy capital of the world.

µ µ  The Texas Medical Center is the world's largest, located in Houston.

µ µ  Texas accounts for 25% of the total retail space in the United States

µ µ  Austin is the live music center of the world, hosting South By Southwest, Austin City Limits, and the Moody Theater.

µ µ  The Tex-A-Plex hosts 12 professional sports teams.

µ µ  The Texas economy is booming, with Dallas leading the way by far. Last year, the state added 650,100 new employments, more than any other state and double its historical average. That equates to more than 50,000 new employment per month, or 2,000 new jobs per day for the whole year.

µ µ  No state income tax!

µ µ  The Tex-a-Plex boasts over 50 Fortune 500 corporations and more Fortune 1000 companies than any other state.

µ µ  Texas has the world's ninth largest economy by GDP, ahead of Canada, South Korea, Russia, and Australia, at 2.4 trillion!

µµ  Texas offers 159 institutions and colleges, including 6 medical schools, to help you prepare for a successful career.

µ  In the fall of 2023, Texas A&M University will have an enrollment of 77,491, making it the largest student body in the United States! There are also plans to increase the student body to more than 100,000 in the next years. 

I cover the entire Tex-A-Plex and can find you an apartment even if you have Criminal or Rental History Issues, like a Broken Lease or Eviction!

The Texas Eviction Process - Part 2 of 2

 

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There is an official process that landlords have to follow before they can start 

evicting renters. for example, they could pay the rent or fix the violations.

The renter has three days to do what they're supposed to do after breaking the 

lease or not paying rent. If they don't, the owner can start the eviction process.

Detainer Suit: If the tenant doesn't leave after being given notice, the owner 

files an eviction suit, which is also known as a forcible entry and detainer claim.

Some types of evictions in Texas are against the law:

The landlord could be fined one month's rent plus $1,000 if they are found guilty. 

They would also have to pay for any real damages, costs, and civil fines.

• Change the locks,
• Take the renters' things 
• Use force  - ways that some landlords get rid of tenants ("self-help" evictions).

There may be different rules about how to remove someone in each county, so 

make sure you know what to do in yours.

During the removal process, tenants and landlords should keep careful records 

and follow the law.

When talking to your lawyer or legal aid, you should trust what they say. However,

your property manager may tell you it isn't necessary for you to attend the 

Eviction court case -- remember, at this point, apartment management is not 

looking after your interests THEY WANT YOU OUT. Therefore, I advise my clients 

to always attend the court session to give your side of the story.

An eviction has serious impact to your credit, credit rating and ability to rent; 

avoid an eviction at all costs.

© 2024, 24x7 Apartment Find. All Rights Reserved. This is information about real estate issues, not legal information. Talk to a 

lawyer or legal aid if you need legal help. John is Texas Real Estate Broker (TX#0573534).

The Texas Eviction Process - Part 1 of 2

 

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In Texas, there are official steps and rules that must be followed in order to kick someone out of their apartment. Here are the most important parts of Texas eviction process:

Law says that renters can't be forced to leave their homes without a good reason. Legal reasons to kick someone out are:

Tenants who don't pay their rent on time have three days to leave the property if they don't pay their rent. The owner has the right to sue them to get them to leave if they don't within this time.

End of the Lease or No Lease: They have to give one month's notice to move out if they are a "tenant at will" or a "holdover tenant" who stays on the property after the lease is over. If a tenant breaks the terms of their lease, they can be kicked out. If you break the lease, you might do something illegal, have dogs without permission, make other renters unhappy, or not keep the place clean.

See The Texas Eviction Process - Part 2 of 2

How to determine when a new tenant moves in to your old apartment unit

This is mostly relevant to you if you have to break your lease. Unless the transfer is due to military orders or verified health and safety concerns, most apartment complexes will charge you for the remaining months' rent plus damages on your credit record.

However, the state of Texas law specifies that you are solely accountable for damages and the amount of time the apartment is vacant, so when a new person moves into your old place, you will not be penalized.

This raises the question of how to calculate this so that you can challenge, what could be, a high debt.

1. You can certainly contact the housing complex, but they may not respond.

2. You can contact your energy supplier, not necessarily the one who supplied your electricity, but the organization that owns the wires - the transmission provider. They can let you know when the electricity was transferred to the new tenant.

Try not to breach a lease, however it may be necessary on occasion. Everyone understands this. You should limit the financial damage by just paying what is genuinely owed. 

For further information, visit the Texas Attorney General's website and read the articles on Renters Rights. They can also assist you.

Why should you select an Apartment Finder who is an 

Apartment Specialist?

Below: 12853550 © Andrei Rahalski | Dreamstime.com

An example is the best way to answer that question.

If you had a heart problem, would you see your family doctor or a cardiologist? What about an injured ankle? You would also see an expert.

When dealing with criminal issues, you need skills that a novice usually doesn't have. I've been solving these kinds of problems for 12 years, so I'm pretty sure I can help you. If I can't, I'll let you know right away. 

A bad rental history is also a tough problem. I will show you how to check your credit report to see what type rental history is listed (eviction or broken lease) and and I will ask you to give me the dates and amounts. The type, dates, and amounts decide the apartments that will accept you and how much of a deposit each apartment would require to accept you as a tenant.

I guess I could have built my business to help "perfect tenants," but I feel called to help everyone because I think everyone deserves a second chance.

I find the nicest places. Check out what I can do for you as an Apartment Specialist, I specialize in solving Criminal Issues and Rental History Issues. My Service is FREE to you; the apartments pay my fees.

© 2024, 24x7 Apartment Find. All Rights Reserved.

10 Reasons you should Hire me to find your next apartment

 Why you should select my FREE Service

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1.    Passion: I am dedicated and want to give you the best place to live.

2.    Specialist: As a Specialist, I only deal with criminal issues and/or rental history cases.

3.    Broker: My job title is "real estate broker," which is the top level of license you can get in Texas.  

4.    In-Depth-Knowledge: I know how to deal with rental problems that come up when someone has a criminal issue (misdemeanors, deferred adjudication, felony convictions or pending charges) or a rental past (broken leases or evictions).

5.    Years of Experience: I've been doing this job for more than a decade (12+ years). 

6.    Exclusive Process and Database: I came up with a way for my clients to succeed in renting that also makes it less likely that they will lose application fees and processing fees. I also keep a proprietary database for all types of issues..

7.    Free Service: My service is free in the four biggest cities in Texas. I only get paid if you get hired.  There is a small fee for my service outside of the four major metro areas. The fee will be returned to you when the apartments pay my commission.

8.    Coach: I teach my clients what to say and how to say it so that they can be accepted at the complex while avoiding any possible embarrassment.

9.    Rebate: Once the complex pays me, I'll get an electronic rebate of up to $100 (bigger amounts are illegal in Texas).

10.         Ethical and Professional: I do the right thing and never lie or break the rules. If you are on probation or parole, this is very important.