Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.025
LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD.
Operative Text
Sec. 92.025. LIABILITY FOR LEASING TO PERSON WITH CRIMINAL RECORD. (a) A cause of action does not accrue against a landlord or a landlord's manager or agent solely for leasing a dwelling to a tenant convicted of, or arrested or placed on deferred adjudication for, an offense.(b) This section does not preclude a cause of action for negligence in leasing of a dwelling by a landlord or a landlord's manager or agent to a tenant, if:(1) the tenant:(A) was convicted of an offense listed in Article 42A.054, Code of Criminal Procedure; or(B) has a reportable conviction or adjudication, as defined by Article 62.001, Code of Criminal Procedure; and(2) the person against whom the action is filed knew or should have known of the conviction or adjudication.(c) This section does not create a cause of action or expand an existing cause of action. Added by Acts 2015, 84th Leg., R.S., Ch. 651 (H.B. 1510), Sec. 1, eff. January 1, 2016.Amended by: Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 23.011, eff. September 1, 2017.
Texas Property Code § 92.025 addresses when a landlord can or cannot be sued simply for renting to someone with a criminal history. As a general rule, a lawsuit cannot be brought against a landlord, manager, or agent solely because they leased a dwelling to a person who was convicted of, arrested for, or placed on deferred adjudication for a crime. However, a negligence claim may still be possible if the tenant had a conviction or adjudication for certain serious offenses—specifically those listed under Article 42A.054 or qualifying as a 'reportable conviction or adjudication' under Article 62.001 of the Code of Criminal Procedure—and the landlord or their agent knew or should have known about it. The section explicitly does not create any new causes of action or expand existing ones.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.025, landlords and their managers or agents generally cannot be sued solely for renting to an applicant with a criminal record, which provides a degree of protection when making leasing decisions. However, compliant operators typically maintain consistent screening practices and document their review processes, particularly when an applicant's background may include offenses covered by Article 42A.054 or reportable adjudications under Article 62.001 of the Code of Criminal Procedure. Being aware of—or having reasonable means to discover—certain serious criminal histories can affect whether a negligence claim might arise, so property managers commonly apply thorough and uniform background-check procedures across all applicants.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.025 shapes the legal landscape around landlord liability when renting to individuals with criminal records, which can indirectly affect housing access for people with such histories. While the provision limits lawsuits against landlords who rent to people with criminal backgrounds, it does not eliminate all legal accountability—particularly where a landlord knew or should have known of certain serious convictions or adjudications. Tenants or prospective tenants who believe they have been treated unfairly in the rental process may wish to consult a tenant-rights organization or legal aid service familiar with Texas housing law to understand what options may be available under this and related provisions.
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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