Key Takeaways
- Proper tenant screening verifies employment, income, credit, rental history, eviction records and criminal background before lease signing.
- Texas Property Code Chapter 92 requires security deposits to be returned within 30 days, limits non-emergency entry, and caps late fees at 10 percent for buildings with four or fewer units.
- Fair Housing compliance means applying the same screening criteria to every applicant and documenting decisions.
- Lease disclosures, property condition forms and move-in inspections create documentation that can help protect owners in disputes.
- Arkansas landlord-tenant law differs from Texas, so owners with property on both sides of the state line need separate compliance procedures.
Managing a rental property in Texarkana means following applicable landlord-tenant laws, screening tenants consistently, and documenting important decisions.
Whether you inherited a home, relocated out of state, or purchased an investment property, a compliance checklist can help you manage screening, leases, disclosures and notices. Impact Realty Group Property Management helps owners in Texarkana and across the Ark-La-Tex navigate these requirements.
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Tenant Screening: The Foundation of Compliance
Tenant screening helps reduce the risk of late payments, property damage and eviction while creating a record that demonstrates consistent Fair Housing practices.
A thorough screening process should include employment and income verification, a credit report, rental history, eviction records and a criminal background check.
Establish your income and credit requirements in advance and apply them consistently. Contact previous landlords when references are part of your written criteria.
Document each step. Keep applications, verification records, credit reports, references and background-check information for each applicant. If you deny an application, document the reason.
Fair Housing Compliance in Screening
Fair Housing law prohibits discrimination based on race, color, national origin, religion, sex, familial status or disability. Apply the same written screening standards to every applicant. Do not require different income levels, deposits, cosigners or documentation based on a protected characteristic.
Inconsistency is a common compliance problem. If you accept a cosigner, waive a requirement or approve an applicant under certain criteria, apply the same policy to similarly situated applicants.
Keep your screening standards in writing and document decisions for both approved and denied applications. If an application is denied, provide the reason in writing.
Lease Preparation and Required Disclosures
Your lease should be clear, complete and compliant with Texas law. Texas Property Code Chapter 92 requires specific disclosures and establishes landlord and tenant rights.
Use a property condition form to document the home's condition before move-in. Record existing damage, stains, broken fixtures and missing items, and have both parties sign the form.
Texas landlords must maintain conditions that materially affect habitability, including required heating, cooling, plumbing and electrical systems. These duties generally cannot be waived through the lease.
Document security deposit terms, including the amount and applicable return requirements. Texas law generally requires the deposit to be returned within 30 days after lease termination, with an itemized list of deductions when applicable.
Include a written late-fee provision. Larger properties are subject to different reasonableness requirements.
Provide required information about tenant rights and responsibilities, including applicable repair, entry, deposit and eviction procedures.
Entry and Notice Requirements
Texas law requires at least 24 hours' notice for non-emergency entry. Emergencies such as fire, flooding, gas leaks or other immediate health and safety threats may permit entry without advance notice.
Common reasons for entry include inspections, repairs, property showings and pest control. Follow the lease and applicable law regarding frequency and timing.
Document each entry with the date, time, reason and relevant findings. If you identify a maintenance issue, document the response and repair.
Security Deposit Handling and Return
Security deposits cannot generally be used for routine maintenance or normal wear and tear. Permitted deductions may include unpaid rent, damage beyond normal wear and tear, necessary cleaning and certain lease violations.
Within 30 days of lease termination, return the deposit to the tenant's last known address and provide an itemized list of deductions when applicable. Document damage with photographs, repair estimates or receipts.
Keep records of the deposit, deductions and proof of return. If deductions are disputed, documentation can help establish the condition of the property and fairness of the charges.
Notice Procedures for Lease Violations and Nonpayment
Before pursuing eviction for nonpayment or lease violations, follow the applicable notice requirements.
For nonpayment, provide written notice demanding payment and stating the amount owed and consequences of nonpayment.
For other violations, such as unauthorized occupants, prohibited pets or property damage, provide written notice identifying the violation and the applicable opportunity to cure.
Keep copies of every notice and document the date and method of delivery. Proper notice documentation is important if an eviction reaches court.
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Two States, Two Sets of Rules
Owners with property in both Texarkana, Texas, and Texarkana, Arkansas, must comply with two different landlord-tenant frameworks. Texas and Arkansas differ in areas such as security deposits, late fees, entry requirements and repair-and-deduct rights.
Do not assume a Texas lease works in Arkansas. Use separate leases and compliance procedures for each state, and work with a local property manager or attorney familiar with the applicable laws.
Common Compliance Mistakes to Avoid
There are a number steps landlords can take to ensure they remain legally compliant.
Here are some common compliance mistakes landlords should avoid:
- Do not skip screening. Filling a vacancy quickly can create greater costs if the resulting tenancy leads to unpaid rent, damage or eviction.
- Do not use an out-of-state lease without review. Generic templates may omit required Texas disclosures or contain conflicting provisions.
- Do not mishandle security deposits. Follow applicable return deadlines and provide required itemized deductions.
- Do not enter without proper notice. Follow applicable notice requirements and document each entry.
- Do not discriminate. Apply the same screening and lease-enforcement standards to every applicant and tenant.
- Do not ignore maintenance. Address conditions affecting habitability and document repair requests and responses.
Bottom Line
Compliance protects your rental income and property. Consistent screening, clear lease terms, required disclosures, documented entry and notice procedures, proper deposit handling and timely maintenance can reduce disputes and legal risk.
Owners with properties on both sides of the state line should understand the differences between Texas and Arkansas law rather than applying one state's procedures to both.
Impact Realty Property Management handles compliance, screening and documentation for owners across the Texarkana area.
Establish clear procedures, apply them consistently and document important decisions throughout the tenancy.
Curious about Impact Realty Property Management?
Frequently Asked Questions
What Counts as Normal Wear and Tear vs. Deductible Damage?
Normal wear and tear is deterioration from ordinary use, such as faded paint, worn carpet, small nail holes and minor scuffs. Deductible damage may include large holes, broken windows, damaged doors, permanent stains or fixtures damaged by the tenant.
You generally cannot deduct for normal wear and tear. Photograph damage, document repair costs and retain receipts to support any deductions.
Can I Require a Higher Deposit or Different Screening Criteria for Certain Applicants?
No. Fair Housing requirements mean screening criteria and deposit policies should be applied consistently to all applicants. You cannot impose different requirements based on race, national origin, familial status, disability or another protected characteristic.
For example, if applicants below a specified credit threshold must provide a cosigner, apply that requirement uniformly. Document your written criteria and follow them consistently.
What Should I Do If a Tenant Requests a Repair?
Acknowledge the request and document the date. Address emergency health or safety issues promptly and arrange appropriate repairs. For non-emergency work, schedule the repair and provide required notice before entering.
Document the work, completion date and cost, and retain contractor receipts. Failing to respond to qualifying repair issues can create additional legal and financial risks.
How Do I Know If My Lease Complies With Texas Law?
Review the lease against Texas Property Code Chapter 92 and consider using a Texas-specific form or having a Texas real estate attorney review it. Required provisions and disclosures can include security deposit terms, repair responsibilities, entry requirements, late fees and tenant rights.
A generic lease from another state may not contain the provisions required for a Texas rental.
What Is the Difference Between Texas and Arkansas Landlord-Tenant Law?
Texas requires a 30-day security deposit return deadline, caps late fees at 10 percent for properties with four or fewer units, and generally requires 24 hours' notice for non-emergency entry. Arkansas has different requirements, including different rules for security deposits, late fees, entry and repair-and-deduct rights.
Owners with properties in both states should use separate leases and procedures that comply with each state's law.
