Landlord law
Texas HOA rules for landlords
Many Texas single-family rentals sit in neighborhoods governed by a property owners' association. The association's dedicatory instruments can limit or condition leasing, and Chapter 209 of the Property Code, the Texas Residential Property Owners Protection Act, sets limits on what an association may demand and how it enforces its rules. This guide explains both sides for an owner who rents out a home in an HOA.
Not legal advice. What an association can do depends first on its own recorded documents, then on Chapter 209 and other law. Condominiums are governed by different statutes. Read your documents and ask a Texas attorney about a specific dispute.
Where HOA rules come from
- Dedicatory instruments: the declaration (deed restrictions or covenants), bylaws, rules, and any amendments, recorded in the county property records.
- Chapter 209 of the Property Code, which applies to most residential subdivisions with a mandatory association.
- Chapter 207, which governs the resale certificate and subdivision information a buyer can obtain.
- Chapter 202, which covers the construction and enforcement of restrictive covenants.
What an HOA can and cannot require of landlords
Section 209.016 is the main statute on leasing. It draws these lines:
| An association may | An association may not |
|---|---|
| Adopt or enforce restrictions on occupancy or leasing in its dedicatory instruments | Require that a tenant or applicant be submitted to and approved by the association |
| Request the name, mailing address, phone number and email address of each person who will live in the home under a lease | Require a tenant's or applicant's consumer or credit report |
| Request the lease start date and term | Require the rental application the tenant submitted to the owner or the owner's agent |
Leasing restrictions can take many forms: minimum lease terms, limits on short-term rentals, caps on the number of rented homes, or waiting periods after purchase. Whether a particular restriction is valid and binding depends on its wording and on whether it was adopted by the procedure the documents require. For short stays, see Texas short-term rental rules.
Before you buy a rental in an HOA
- Get the subdivision information. Under Section 207.003, the association must deliver, within 10 business days after a proper request, the restrictions, bylaws and rules, and a resale certificate prepared no more than 60 days earlier. A purchaser may have to show a right to buy the property.
- Read the leasing provisions in the declaration and every recorded amendment, not only the rules summary.
- Check the money: regular and special assessments, transfer and resale fees, and any delinquency on the property.
- Look for pending lawsuits involving the association and planned special assessments, which the resale certificate addresses.
- Review the POA addendum to your purchase contract and the seller's association membership notice (§5.012). See the seller's disclosure guide.
How enforcement works
Before most enforcement actions, Section 209.006 requires written notice to the owner by certified mail. That applies before the association suspends use of common areas, files most suits (other than to collect assessments or foreclose), charges for property damage, levies a fine, or reports a delinquency to a credit bureau. The notice must:
- describe the violation and any amount due;
- give a reasonable period to cure a curable violation that does not threaten public health or safety, and state the date to cure by;
- tell the owner of the right to request a hearing on or before the 30th day after the notice was mailed; and
- mention rights of owners on active military duty.
The notice goes to the owner, not the tenant. Association documents commonly hold the owner responsible for a tenant's violations, which is why leases in HOA neighborhoods often require tenants to follow the association's rules and pay any fines their conduct causes.
Assessments, liens and foreclosure
- Delinquency notices before a lien. An association must send a first delinquency notice (by first-class mail or email), then a second by certified mail at least 30 days later, and may not file an assessment lien until 90 days after that second notice (§209.0094).
- No foreclosure for fines alone. An association may not foreclose if the debt consists only of fines or attorney's fees tied only to fines (§209.009).
- Court order required. Foreclosure of an assessment lien generally requires an expedited court order or a judgment (§209.0092).
- Redemption. After an association foreclosure, the owner or a lienholder may redeem within 180 days after the association mails notice of the sale (§209.011).
- Payment plans. An association with more than 14 lots must adopt guidelines for an alternative payment schedule for delinquent amounts, with a minimum term of three months, subject to limits in the statute (§209.0062).
The foreclosure auction guide compares HOA sales with mortgage and tax sales.
Lease clauses landlords commonly use in HOA homes
- The tenant received and will follow the association's rules.
- Fines caused by the tenant's conduct are the tenant's responsibility.
- The landlord will share the tenant's contact details and lease term with the association, as Section 209.016 permits.
- Parking, pets, trash and exterior rules are spelled out.
- Amenity access (pool cards, gate codes) and how it is handed over.
Keep lease terms consistent with Texas landlord law. See Texas landlord-tenant law basics and security deposit rules.
Common questions
Can a Texas HOA prohibit renting?
Section 209.016 does not prevent an association from adopting or enforcing restrictions relating to occupancy or leasing in its dedicatory instruments. Whether a specific restriction binds you depends on the documents and how the restriction was adopted.
Can my HOA screen or approve my tenant?
No. An association may not require a tenant or applicant to be submitted to it for approval, and may not require a credit report or the rental application. It may request contact information for the occupants and the lease start date and term.
Who gets the violation notice, me or my tenant?
The statute requires notice to the owner, sent by certified or verified mail to the owner's last known address in the association's records. Keep your mailing address current with the association.
How quickly must an HOA provide a resale certificate?
Within 10 business days after it receives a proper written request and any required evidence of the requester's authority (§207.003). Fees apply.
Related guides
- Texas short-term rental rules by city
- Texas landlord-tenant law basics
- Texas foreclosure auctions explained
The statute: Texas Property Code, Chapter 209.
Last reviewed 2026-09-17