Fair Housing Guidelines for Rental Property Owners in El Paso, TX

October 16, 2020
Fair Housing Guidelines for Rental Property Owners in El Paso, TX - Article Banner

El Paso rental property owners face many federal fair housing laws and state property codes that must be complied with throughout the El Paso leasing and management process. It’s important that you’re thinking about these laws during the application process, during the tenancy, and during the move-out process. 


Following these laws will help you avoid potential risk and liability while protecting you against lawsuits and disputes. 


Discrimination and Fair Housing 


The federal Fair Housing Act prevents you from discriminating against tenants or applicants based on:

  • Color
  • Race
  • Disability
  • Familial status
  • National origin
  • Religion
  • Sex


Be careful in your marketing. You might not intentionally discriminate, but if you mention that your property is located next to churches or that it’s “not suited for children,” you may be violating the fair housing laws. Screen every application consistently and provide a written list of rental criteria so potential applicants know what you’re looking for. A written process that’s verified and followed can help you avoid discrimination.


You have to allow service and support animals in your property, even if you don’t allow pets. If you say no to a tenant who needs a service or support animal or if you charge a pet deposit or pet rent for that animal, you’re discriminating against tenants with disabilities.


Leasing Disclosures in Texas 


Under Texas law, owners are required to make specific disclosures in the lease agreement. These disclosures include, but are not limited to:

  • Tenant’s rights when the landlord fails to make repairs
  • Identity of property managers or others acting on landlord’s behalf
  • Which fees are nonrefundable, including pet fees
  • How the security deposit is returned
  • Parking and towing policies


Your lease agreement has to be specific to the state of Texas and meet all the legal requirements. It needs to include all of your rights and responsibilities as the landlord as well as those of your tenants.


Rent Collection Policy 


Your rent collection policy needs to be clear, consistent, and in the rental agreement. Make sure you follow it and hold your tenants accountable to it. You need to notify tenants how much rent is due, when it is due, how it should be paid, and what the consequences will be if it’s late. Charge a late fee every time. If you aren’t consistent with the late fees, or you charge one tenant a late fee but not another tenant, you could be accused of discrimination.


Texas Security Deposit Law


Texas law requires you to return your tenant’s security deposit within 30 days of vacating. If your lease agreement requires your tenants to give notice before moving out and they do not give the appropriate notice before leaving, you can keep the security deposit. You can also withhold money from the security deposit to pay for any damages, unpaid rent, or unpaid utility bills. You’ll need to document and itemize every dollar that you keep. If you’re withholding money to pay for a door that was broken during the tenancy, be sure to document that and include an invoice or a receipt for the work that was done to repair or replace the door. 


Wear and tear issues are the landlord’s responsibility, so you cannot deduct anything from the tenant’s deposit to cover things like small nail holes in the walls from where pictures were hung or scuff marks from furniture. 


A property owner in Texas does not need a license to rent out a home. However, your El Paso property management company does need a broker’s license in order to lease and manage your property. 


We’d be happy to tell you more and to protect you and your investment against expensive legal mistakes. Contact our team at Century 21 Haggerty Property Management. 

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