Texas Property Code § 209.016: What an HOA Can and Cannot Require of Tenants and Leases

Quick Answer

Texas Property Code § 209.016 limits what a property owners' association may require of tenants and lease applicants. An association may not adopt or enforce a provision that requires a tenant or applicant to be submitted to and approved by the association, or that requires a consumer or credit report or the lease application to be handed over. It may still enforce occupancy and leasing restrictions in its dedicatory instruments, and it may ask for contact information for each resident under a lease and the lease start date and term. The section was added in 2015 and amended by SB 1588, effective September 1, 2021.

At a Glance

What the Law Says

What an association may not require

Subsection (b) says an association "may not adopt or enforce a provision in a dedicatory instrument that":

• "requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association"; or
• requires the following to be submitted regarding an applicant or current tenant: "a consumer or credit report" or "a lease or rental application submitted by the applicant, tenant, or that person's agent to the property owner or property owner's agent when applying for tenancy."

What stays allowed

Subsection (d): "Nothing in this section shall be construed to prohibit the adoption or enforcement of a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing."

Information an association may request

Subsection (e) says an association "may request the following information to be submitted to the association regarding a lease or rental applicant":

• "contact information, including the name, mailing address, phone number, and e-mail address of each person who will reside at a property in the subdivision under a lease"; and
• "the commencement date and term of the lease."

What SB 1588 did

The section's history notes show two actions by SB 1588 on September 1, 2021: it amended the section (Section 20 of the bill) and it repealed subsections (a) and (c) (Section 22(3)). The remaining text is as above. We did not read the repealed subsections, so we do not describe what they said.

What This Means in Practice

For boards

Review the rules for leased homes against subsection (b). A bylaw or rule that makes a tenant "approved for tenancy" by the board, or that asks for a credit report or the rental application, falls within what the section says an association may not adopt or enforce. A rule that asks for names and contact details of residents and the lease dates fits subsection (e). The line between a permitted contact request and a prohibited application copy is a drafting issue. Keep the request form limited to the two items in (e).

Subsection (d) preserves occupancy and leasing restrictions. Our reading: this keeps rules such as minimum lease terms or caps on the number of leased homes available where the recorded documents contain them, but this section does not create such authority. Where the authority comes from is a question for the declaration and the case law. See JBrice v. Wilcrest Walk and Tarr v. Timberwood Park.

For owners and landlords

You may be asked to give the association the names and contact details of everyone who will live in the home and the lease start date and term. You should not be required to hand over a tenant's credit report or application. If your association's rules go further, ask the board which provision it relies on and consider legal advice.

What the section does not say, and open questions

• It does not say when the information in (e) must be delivered, how often, or what penalty follows if it is not. It uses "may request."
• It does not define "approved for tenancy." Whether a notice-only or registration procedure counts as approval is not addressed.
• It does not say whether an association may charge a fee for processing a lease. The text is silent. Confirm with counsel.
• It does not address the payment source for rent. That is a separate rule. See HB 1193 on tenant method of payment.
• It does not address short-term rentals specifically. Courts have read leasing restrictions by the language of the covenant. See the two cases above.

Timeline

Related Texas Law

• SB 1588: 2021 omnibus bill
• HB 1193: rental restrictions based on method of payment
• JBrice v. Wilcrest Walk: association rules versus deed
• Tarr v. Timberwood Park: short-term rentals and covenant language
• § 209.017: justice court suits
• Chapter 209 overview
• Texas HOA laws complete guide

Board Checklist

• Remove any requirement that tenants or applicants be approved by the board or association.
• Remove any requirement to deliver a consumer or credit report or the tenant's rental application.
• Limit the lease notice form to names, mailing addresses, phone numbers and email addresses of residents, plus lease start date and term.
• Confirm that any leasing or occupancy restriction you enforce appears in the recorded dedicatory instruments.
• Check rental rules against the method-of-payment rule in § 202.024.
• Have counsel review the leasing rules and any fee before adopting changes.

Frequently Asked Questions

Can a Texas HOA require approval of my tenant?

Not by a provision that "requires a lease or rental applicant or a tenant to be submitted to and approved for tenancy by the property owners' association" (§ 209.016(b)(1)).

Can the HOA ask for my tenant's credit report or rental application?

No. Subsection (b)(2) bars a provision requiring submission of a consumer or credit report or the lease or rental application.

What can the HOA ask for?

Contact information (name, mailing address, phone number and email address) for each person who will reside in the home under the lease, plus the lease commencement date and term (§ 209.016(e)).

Can an HOA still restrict leasing?

Subsection (d) says the section does not prohibit "a provision in a dedicatory instrument establishing a restriction relating to occupancy or leasing." Whether a particular restriction is valid depends on the recorded documents.

What did SB 1588 change about this section?

It amended the section and repealed subsections (a) and (c), effective September 1, 2021. The remaining text is in subsections (b), (d) and (e).

Does this apply to condominiums?

Chapter 209 does not apply to a condominium as defined by Section 81.002 or 82.003 (§ 209.003(d)). Condominium associations should review Chapter 82 and their declaration.

Where This Comes From

We read the current text of § 209.016 as compiled in the 2025 Texas Statutes (Justia mirror of the Texas Property Code), including its amendment history notes. The official statute site is at statutes.capitol.texas.gov. We did not read the repealed subsections or the enrolled SB 1588 for this page.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.