Texas Property Code 209.016 – Regulation of Residential Leases or Rental Agreements
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(a) Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
Terms Used In Texas Property Code 209.016
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
(b) A property owners’ association may not adopt or enforce a provision in a dedicatory instrument that:
(1) requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners’ association; or
(2) requires the following information to be submitted to a property owners’ association regarding a lease or rental applicant or current tenant:
(A) a consumer or credit report; or
(B) a lease or rental application submitted by the applicant, tenant, or that person’s agent to the property owner or property owner’s agent when applying for tenancy.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 22(3), eff. September 1, 2021.
(d) Nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing.
(e) A property owners’ association may request the following information to be submitted to the association regarding a lease or rental applicant:
(1) contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease; and
(2) the commencement date and term of the lease.