GUIDE
Texas Rental Selection Criteria: Know Before You Pay
Texas law says a landlord who gives you an application has to make its tenant selection criteria available. We check those criteria against your record for you, so you know where you stand before you pay.
What this guide covers
- What Texas law says about selection criteria
- How the application fee refund rule works
- What to keep in your application record
Get the fee terms in writing
Ask the property in writing: “Please send your application fee and application deposit terms before I apply.” The criteria can cover things like criminal history, rental history, income, credit and wrong or missing information on your application. We look at how those rules treat your record and every adult in your household.
How the refund rule works
Texas Property Code Section 92.3515(e) covers this. If a landlord turns you down and didn't make the required selection criteria available, it has to give back the application fee and any application deposit. So it's not true that application fees are never refundable. Other terms and rules in the law can matter too.
Keep a small application record
- The criteria they gave you and the date you got them.
- Your completed application and any signed acknowledgment.
- A breakdown of what's a fee and what's a deposit, plus the receipt.
- The decision notice and any messages about it.
If you think you're owed a refund, ask for it in writing and keep the reply. Legal aid can help you look at your own facts and deadlines. Not every denial comes with a right to a refund, and a refund dispute doesn't hold the apartment for you.
Primary source: Texas Property Code Chapter 92, especially Sections 92.351–92.355. You have separate rights when a consumer report plays a part in a decision against you. Read the adverse action notice guide.
What to do next
- Get the fee and deposit terms in writing before you apply.
- Send us your search details. We check the criteria against your record.
- Keep the criteria, receipt and decision notice together.
- If you think you're owed a refund, ask for it in writing.
Published by the Felon Friendly Apartment Team. This is general renter information. Each property makes its own decisions, and questions about your own case belong with a lawyer or legal aid.
Common Questions
Does a Texas landlord have to share its selection criteria?
Yes. Under Texas Property Code Section 92.3515, a landlord who gives you an application has to make its criteria available. We check those criteria against your record for you.
When do I get my application fee back?
If a landlord rejects you and didn't make the criteria available, it has to return the fee and any application deposit.
Does every denial come with a refund?
No. That refund rule covers a landlord who didn't make its criteria available. For your own facts, talk with legal aid.
Know Where You Stand Before You Pay to Apply
Tell us what you need in your next home. We check each community's screening criteria against your record for free, so you can pick where to spend application fees.