Are landlords allowed to charge an application fee in accordance with Fair Housing Law?
The answer to this question is yes, in most cases landlords are allowed to charge an application fee as long as they do so in accordance with Fair Housing Law in Texas. This law is designed to protect tenants from discrimination when it comes to renting a dwelling or obtaining a loan. According to the Texas Department of Housing and Community Affairs, any fees charged by a landlord must be “reasonable and necessary.” This means that any fees charged must be for services actually provided and must not exceed those required for the same services provided for non-minority tenants. In addition, landlords must clearly disclose all the fees and costs associated with the rental unit in a written agreement and must provide an itemized list of these costs prior to the applicant submitting the application. Landlords may charge a fee for a background check or credit report, but they must not charge a fee for simply applying for the rental unit. If a landlord violates these rules, they may be in violation of the Fair Housing Law in Texas.
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