

Can You Be Denied Housing Due to a Theft Record? Understanding Texas Law and Your Rights

Can You Be Denied Housing Due to a Theft Record? Understanding Texas Law and Your Rights
A theft conviction in Texas doesn’t just impact your criminal record—it can follow you into nearly every aspect of your life, including your ability to find a place to live. For individuals seeking stability after a criminal case, one of the most frustrating and often misunderstood hurdles is housing discrimination.
Can a landlord deny you housing because of a theft conviction? The short answer is yes, but with important caveats. In this post, we take a deep dive into how theft records affect housing opportunities in Texas, where the law stands, and what strategies you can use to protect your future.
Why Housing Matters After a Criminal Case
Having stable housing is critical to reintegrating into society, maintaining employment, accessing healthcare, and supporting family. But many individuals with theft or fraud convictions—especially felonies—are routinely denied leases. Private landlords and even some public housing authorities often use criminal history as a screening tool, regardless of a person’s rehabilitation, time since the offense, or the nature of the crime.
The result is a cycle of hardship that can make it difficult for people to restart their lives after satisfying all legal penalties.
Are Landlords Allowed to Deny Housing Because of a Theft Record?
Private Landlords
Yes. Texas does not have a statewide law that prohibits private landlords from denying housing based on criminal history, including misdemeanor or felony theft convictions. That means landlords generally can deny housing to applicants based on a criminal record.
That said, landlords must still comply with the Fair Housing Act (FHA), a federal law that prohibits housing discrimination on the basis of race, color, religion, sex, national origin, disability, and familial status. While criminal history is not a protected class, the U.S. Department of Housing and Urban Development (HUD) has issued guidance warning that blanket bans on criminal records can have a discriminatory effect—especially on minority applicants.
In short: landlords can deny you housing for a theft record, but they must do so fairly, consistently, and without discriminatory intent or impact.
Public Housing (Section 8 and HUD Housing)
For public housing, the rules are stricter:
- HUD allows local housing authorities to screen applicants based on criminal history.
- While violent and drug-related crimes are often disqualifying, theft offenses may also result in denial depending on the nature, severity, and how recent the conviction is.
- Some housing authorities impose waiting periods (e.g., 5–10 years) before eligibility is restored.
You have a right to appeal a denial, especially if you can show rehabilitation or mitigating circumstances.
What Types of Theft Convictions Raise the Most Red Flags?
Texas recognizes a wide range of theft-related charges, but not all are treated equally by landlords:
- Felony Theft (property value over $2,500) is more likely to result in denial
- Fraud offenses involving dishonesty or deception (e.g., credit card abuse, forgery, or check fraud) may trigger concern in background checks
- Shoplifting or misdemeanor theft may be treated more leniently depending on the landlord
In How a Theft or Fraud Conviction Affects Employment, we explained that employers often see theft convictions as a breach of trust. The same perception applies in the housing context—especially where landlords worry about property damage, liability, or community safety.
How Landlords Conduct Background Checks in Texas
Texas landlords can use third-party tenant screening services to access:
- Arrest records
- Convictions
- Deferred adjudications
- Active warrants
- Eviction history
- Credit reports
While arrests alone should not be used to deny housing, many background checks include this information. If your case was dismissed, expunged, or sealed, it should not appear on the report—but errors do happen, and disputing them may require formal legal steps.
Strategies to Improve Your Housing Prospects
1. Seek an Expunction or Order of Nondisclosure
Texas allows certain criminal records to be sealed or expunged. If you completed deferred adjudication for a theft offense, you may be eligible for a nondisclosure order, which limits public access to your record.
If your charges were dismissed, or you were acquitted, you may qualify for expunction, which removes the record entirely.
2. Be Honest—but Strategic—on Rental Applications
If asked, disclose your record truthfully—but highlight:
- Time passed since the conviction
- Rehabilitation (e.g., employment, community involvement, clean record since)
- Restitution or completion of probation
- References from employers, parole officers, or faith leaders
Avoid oversharing, but be proactive in controlling the narrative.
3. Look for Second-Chance Housing Providers
Some landlords and property managers in Texas specialize in second-chance rentals. These are more likely to consider:
- Non-violent offenses
- Older convictions
- Evidence of stability and employment
Check online directories, real estate agents, and local legal aid groups for second-chance housing listings.
4. Ask for a Co-Signer or Larger Deposit
Some landlords may approve an application with additional assurances, such as:
- A co-signer with good credit
- A larger security deposit
- A shorter lease with trial period
Flexibility can make a difference in close calls.
5. Challenge Inaccurate or Outdated Reports
If a background check contains incorrect or outdated information, you can:
- Request a copy from the screening company
- Dispute the error under the Fair Credit Reporting Act (FCRA)
- Provide court records showing dismissal or sealing
You have the right to correct and update your tenant file.
What If You’re Denied Housing Because of Your Record?
Step 1: Ask for the Reason
Landlords are not required to explain why they rejected your application—but many do, especially if you ask politely.
Step 2: Request a Copy of Your Background Check
If the denial was based on a third-party report, you’re entitled to a copy under FCRA.
Step 3: Appeal If Possible
In public housing and some large rental agencies, you may be able to request a review or appeal. Bring documentation of:
- Employment
- Clean history since conviction
- Character references
Step 4: Contact Legal Aid
Organizations like Lone Star Legal Aid and Texas Fair Housing Project provide free or low-cost help for those facing housing discrimination.
Final Thoughts: Reclaiming Your Future After a Theft Conviction
Being denied housing because of a theft conviction is more than frustrating—it’s dehumanizing. But under Texas and federal law, you are not without tools or hope. By knowing your rights, cleaning up your record, and presenting yourself honestly but confidently, you can rebuild your life and regain your stability.
Everyone deserves a safe place to live. Don’t let a past mistake define where you sleep, grow, or rebuild.
Call to Action
If you or a loved one is struggling to find housing due to a theft or fraud record, we can help. Walker Law Office offers strategic criminal defense and post-conviction support, including nondisclosure orders and expunctions.
📞 Call us today at (713) 228-2611 or visit
🔗 https://www.walkerlawhouston.com/contact/
to learn how we can help clear your record—and open new doors.