Midland, TX · Member since 2018 · 2 posts · 0 votes
I currently am using property managers from my rental properties. One property manager told me that he would send me the signed lease of the tenant that passes his screening process. I asked if I could see the applications for all the applicants and he told me that he could not share rental applications due to privacy reasons. Does anyone know if this is a law or just a property manager rule etc? (In Texas btw)
Attorney · Austin, TX · Member since 2014 · 888 posts · 759 votes
7y
I don't know any state or federal laws that prohibit an AGENT sharing information with a PRINCIPAL. In fact, under Texas case law, an agent has a duty to keep their principal informed because the principal is required to monitor agents. If there are claims of discriminatory practices, the property OWNER is held liable for the property MANAGER's unlawful actions.
Yes, there is sensitive information (SSN, credit reports, identifiable information about minors), so the PRINCIPAL/OWNER is liable for any mishandling of that information. Reasonable to require owners to sign a waiver and indemnification.
Property managers might want to re-think their positions.
I currently am using property managers from my rental properties. One property manager told me that he would send me the signed lease of the tenant that passes his screening process. I asked if I could see the applications for all the applicants and he told me that he could not share rental applications due to privacy reasons. Does anyone know if this is a law or just a property manager rule etc? (In Texas btw)
This is accurate. When doing background screening companies need to adhere to a ton of privacy regulations and are subject to site visits to confirm they are conforming. Things the inspector is looking for are locking file cabinets, paper shredders, password protected computers etc. They are approved to view the tenants information, you are not. They are required to keep all the information confidential or they will loose their ability to pull credit.