El Paso tenant screening & landlord laws

Before going further, here's a brief summary of the Texas baseline, based on our own verification of the state code rather than a secondary source:

Based on the sources we were able to check this session, El Paso does not appear to have adopted its own security-deposit cap, screening-fee cap, or rent-control ordinance that would override the Texas baseline above. Texas Local Government Code § 214.903 does let municipalities adopt fair housing ordinances providing rights "substantially equivalent" to federal law, and preserves any pre-1991 local ordinance that was more protective than federal law — but this is a general enabling statute for all Texas cities, not evidence of a specific El Paso ordinance. Because statutes can change, confirm the current language at statutes.capitol.texas.gov. We were not able to complete a search of El Paso's municipal code this session (see QA notes), so treat this as "checked but not confirmed" rather than a settled negative.

Confirm any local El Paso ordinances addressing criminal history in housing decisions or source of income. Texas Local Government Code § 250.007 generally preempts municipalities from requiring landlords to accept housing-voucher income, so El Paso would generally not be able to adopt that kind of protection, though it could still adopt a voluntary incentive program under the same statute's exception.

El Paso has not adopted rent control or a citywide just-cause eviction requirement. Texas law only allows local rent control during a governor-approved, disaster-related housing emergency, which is not the general operating environment for El Paso rental housing.

Texas does not use the New England-style "township" model — land outside a city's limits is generally "unincorporated county" area governed by the county commissioners court. El Paso County does not appear to have broad home-rule ordinance-making power over landlord-tenant matters the way a Texas municipality can; Texas counties generally have more limited regulatory authority than cities. We were not able to independently verify whether El Paso County has any landlord-tenant-specific rule for unincorporated areas this session, so treat this as a gap to confirm before publish rather than a confirmed "no."

Does El Paso cap security deposits? Texas state law does not cap the dollar amount of a security deposit.

Can a landlord in El Paso refuse an applicant with a housing voucher? Generally, yes — Texas Local Government Code § 250.007 generally prevents El Paso from requiring landlords to accept housing-voucher income as a condition of renting, though this doesn't necessarily apply to protections for veterans' income sources.

Does El Paso have its own rent control ordinance? El Paso may have its own rent control ordinance; confirm current city code before finalizing a screening policy. Texas law generally only allows local rent control during a governor-approved disaster emergency.

Is FCRA the main law governing tenant screening reports in El Paso? Yes — Texas has no screening-specific requirements beyond the federal Fair Credit Reporting Act.

Checkr can help El Paso landlords and property managers run tenant screening reports that are built to support FCRA compliance. Get started with Checkr to see how tenant screening can fit into your leasing process.

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.