San Antonio tenant screening & landlord laws
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San Antonio tenant screening
San Antonio sits inside Texas, and Texas landlord-tenant law generally serves as the floor for what happens in the city — there is no broad San Antonio-specific tenant-screening code that replaces state law. Before looking at what (if anything) San Antonio 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. State law instead focuses on process — landlords who charge a fee must generally make their tenant-selection criteria available at the time an application is given, per Texas Property Code § 92.3515.
- Criminal history: Texas does not appear to have a state fair-housing statute that specifically restricts how landlords may weigh criminal history, beyond the general federal Fair Housing Act framework (discussed below).
- Source of income: Not a protected class under Texas state law. Texas law generally leans toward preempting cities from requiring landlords to accept housing vouchers as a condition of renting.
- 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. A municipality may only adopt rent control if it finds a disaster-related housing emergency exists and the governor approves the ordinance, per Texas Local Government Code § 214.902.
This page focuses on what, if anything, San Antonio adds on top of that baseline for tenant screening, criminal history, source of income, and eviction rules.
How San Antonio's Rules Layer on Top of Texas Law
Because Texas is not a home-rule state that broadly encourages local landlord-tenant regulation the way some other states do, and because state law affirmatively limits certain local ordinances (rent control, and generally source-of-income mandates), San Antonio landlords should expect the Texas Property Code, not a separate city code chapter, to govern most day-to-day screening, deposit, and eviction mechanics. San Antonio maintains its own Fair Housing/Human Rights framework for housing discrimination complaints; landlords should confirm whether this framework extends to a formal criminal-history "fair chance" rental ordinance or a source-of-income protection.
Screening rules to follow in San Antonio
- Criminal history: Landlords should confirm whether San Antonio has an ordinance restricting the use of criminal history in rental decisions (sometimes called a "fair chance housing" ordinance) for private rental housing. The city's known fair-chance policies focus on city employment and contracting rather than private landlords. Absent a local ordinance, criminal history screening in San Antonio is governed by the federal Fair Housing Act framework and FCRA, discussed below.
- Source of income: San Antonio may have an ordinance making source of income (including housing vouchers) a protected class. Landlords should verify any such requirements directly with the city before finalizing a screening policy.
- Confirm any local screening requirements with San Antonio's municipal government and Fair Housing Office before finalizing a screening policy.
Rent and Eviction Rules in San Antonio
Confirm any San Antonio rent-control or just-cause-eviction ordinance against current municipal code. Texas state law generally preempts municipal rent control outright except during a governor-approved disaster housing emergency (Local Gov't Code § 214.902). Evictions in San Antonio generally proceed under the statewide eviction (forcible detainer) process in Texas justice courts rather than a separate city eviction ordinance.
County/Township Layers
San Antonio sits in Bexar County. Texas counties are structured differently than in some other states: they generally have only the powers the Legislature expressly grants them, and they don't have the broad home-rule ordinance authority that Texas cities can have. Texas also doesn't organize non-city land into "townships" the way some other states do. For unincorporated Bexar County, confirm any current county landlord-tenant ordinance against current county code before finalizing a screening policy.
Frequently Asked Questions
Does San Antonio cap tenant screening or application fees? Texas has no statewide cap on screening/application fees; Texas law instead requires landlords who charge a fee to disclose their tenant-selection criteria.
Is source of income (like a housing voucher) a protected class in San Antonio? San Antonio may have a source-of-income ordinance. Texas law generally limits cities' ability to mandate voucher acceptance; confirm current city code before relying on a screening policy.
How long does a San Antonio 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 San Antonio have rent control? No — Texas law generally prohibits municipal rent control outside a governor-approved disaster emergency.
Start a San Antonio Tenant Screening with Checkr
Checkr can help San Antonio 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.