Tex. Prop. Code Ann. §§ 301.001–301.171 § 301.041
CERTAIN SALES AND RENTALS EXEMPTED.
Operative Text
Sec. 301.041. CERTAIN SALES AND RENTALS EXEMPTED. (a) Sections 301.021, 301.023, 301.024, and 301.025 do not apply to:(1) the sale or rental of a single-family house sold or rented by the owner if:(A) the owner does not:(i) own more than three single-family houses at any one time; or(ii) own any interest in, nor is there owned or reserved on the person's behalf, under any express or voluntary agreement, title to or any right to any part of the proceeds from the sale or rental of more than three single-family houses at any one time; and(B) the house is sold or rented without:(i) the use of the sales or rental facilities or services of a broker, agent, or salesperson licensed under Chapter 1101, Occupations Code, or of an employee or agent of a licensed broker, agent, or salesperson, or the facilities or services of any person in the business of selling or renting a dwelling; or(ii) the publication, posting, or mailing of a notice, statement, or advertisement prohibited by Section 301.022; or(2) the sale or rental of the rooms or units in a dwelling containing living quarters occupied by or intended to be occupied by not more than four families living independently of each other, if the owner maintains and occupies one of the living quarters as the owner's residence.(b) The exemption in Subsection (a)(1) applies only to one sale in a 24-month period if the owner was not the most recent resident of the house at the time of the sale.(c) Subsection (a) does not prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistants necessary to transfer title.(d) For purposes of Subsection (a), a person is in the business of selling or renting a dwelling if:(1) the person has, within the preceding year, participated as the seller or landlord in three or more transactions involving the sale or rental of a dwelling or any interest in a dwelling;(2) the person has, within the preceding year, participated in two or more transactions, other than transactions involving the person's own dwelling, as an agent providing sales or rental facilities or services involving the sale or rental of a dwelling or any interest in a dwelling; or(3) the person is the owner of a dwelling designed or intended for occupancy by, or that is occupied by, five or more families. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 40, eff. Sept. 1, 1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.810, eff. Sept. 1, 2003.Amended by: Acts 2021, 87th Leg., R.S., Ch. 455 (H.B. 1153), Sec. 1, eff. September 1, 2021.
Section 301.041 of the Texas Property Code carves out limited exemptions from the state's fair housing prohibitions for certain private sales and rentals. A private owner who holds no more than three single-family houses and sells or rents without using a licensed broker or publishing discriminatory advertisements may qualify for the exemption. Similarly, an owner-occupant of a small building with no more than four units may be exempt from those same fair housing provisions when renting the other units in that building.
Plain English — not legal advice.
Under § 301.041, property owners who believe they qualify for one of these narrow exemptions should understand that the exemption is strictly conditional — it does not apply if a licensed broker or agent is used, if discriminatory advertising is published, or if the owner holds interests in more than three single-family houses at once. Owners of small owner-occupied buildings of four units or fewer may also qualify for the separate small-landlord exemption. Operators who have participated in three or more sale or rental transactions in the preceding year are generally considered to be 'in the business' of selling or renting and would not qualify for the private-owner exemption under § 301.041(d).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 301.041 defines the limited circumstances under which a private seller or landlord may be exempt from certain Texas fair housing protections found in §§ 301.021–301.025. Tenants who believe a landlord is improperly claiming this exemption — for example, by using a licensed agent while asserting the private-owner exception — may have grounds to challenge that claim. Tenant-rights organizations and local fair housing councils can help individuals understand whether a landlord's conduct falls within or outside the boundaries of § 301.041's exemptions.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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