Dallas tenant screening & landlord laws
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Dallas tenant screening
Dallas sits inside Texas, and Texas landlord-tenant law generally serves as the floor for what happens in the city. Before looking at what, if anything, Dallas adds on top, it helps to understand the Texas baseline:
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What Texas law already provides
- Screening/application fees: Texas does not appear to cap the amount a landlord can charge for a rental application or screening fee. Landlords who charge a fee must generally make their tenant-selection criteria available to applicants, per Texas Property Code § 92.3515.
- Criminal history: Texas does not appear to have a state fair-housing statute specifically restricting how landlords weigh criminal history, beyond the general federal Fair Housing Act framework (discussed below).
- Source of income: Not a protected class under Texas state law generally. Texas law leans toward preempting cities from requiring landlords to accept housing vouchers.
- Security deposits: No statutory dollar cap; deposits must generally be refunded within 30 days of move-out, minus itemized deductions, under Texas Property Code § 92.103 and § 92.104.
- Rent control: Effectively prohibited statewide, except where a municipality declares a disaster-related housing emergency and the governor approves the ordinance, per Texas Local Government Code § 214.902.
This page focuses on what Dallas may add on top of that baseline.
How Dallas's Rules Layer on Top of Texas Law
Dallas is a home-rule city and has, at various points, been more active than many Texas cities in passing local nondiscrimination protections. That said, Texas state law also actively limits certain kinds of local ordinances — particularly rent control and, in many circumstances, mandatory source-of-income (housing voucher) protections. Because of that tension, Dallas-specific rules in this space need to be checked carefully rather than assumed either way.
Screening rules to follow in Dallas
- Source of income: Confirm whether any current Dallas ordinance protects housing-voucher holders, and how Texas law treats local source-of-income rules, against the current city code and state statutes before adopting a voucher policy.
- Criminal history: Landlords should confirm whether Dallas has a fair-chance rental-housing ordinance restricting the use of criminal history. Absent a local ordinance, screening is governed by the FCRA and the general federal Fair Housing Act framework, discussed below.
Rent and Eviction Rules in Dallas
Landlords should verify whether Dallas has a specific rent-control or just-cause-eviction ordinance. Texas law generally preempts municipal rent control outright outside a governor-approved disaster emergency (Local Gov't Code § 214.902). Evictions in Dallas generally proceed under the statewide eviction (forcible detainer) process in Texas justice courts.
County/Township Layers
Dallas sits primarily in Dallas County (with small portions in neighboring counties). As with other Texas counties, Dallas County generally has only the powers the Legislature expressly grants it and doesn't have the broad home-rule ordinance authority Texas cities can have. Texas doesn't organize non-city land into "townships"; unincorporated areas of Dallas County are governed by the state Property Code baseline. Confirm any county landlord-tenant ordinance before finalizing a screening policy.
Frequently Asked Questions
Is source of income a protected class in Dallas? Texas generally preempts new local voucher-acceptance mandates, but older city ordinances may sometimes be grandfathered. Confirm Dallas's current status directly with the city before finalizing a screening policy.
Does Dallas cap tenant screening or application fees? There is no statewide Texas cap on screening/application fees; Texas law instead requires landlords who charge a fee to disclose their tenant-selection criteria.
How long does a Dallas landlord have to return a security deposit? Texas law generally requires the deposit be returned within 30 days of the tenant surrendering the property, per Property Code § 92.103.
Does Dallas have rent control? No — Texas law generally prohibits municipal rent control outside a governor-approved disaster emergency.
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Checkr can help Dallas landlords and property managers run FCRA-compliant tenant background checks while keeping Texas's screening and disclosure requirements in view. Get started at tenant.checkr.com/signup to build a screening workflow suited to your properties.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.