reglab/housing_qa huggingface dataset:
TX Prop § 92.102 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.102. Security Deposit

Sec. 92.102.  SECURITY DEPOSIT.  A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant.|Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 744, Sec. 2, eff. Jan. 1, 1996.|
TX Prop § 92.103 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.103. Obligation to Refund

Sec. 92.103.  OBLIGATION TO REFUND.  (a)  Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.(b)  A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.(c)  The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy.|Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1995, 74th Leg., ch. 744, Sec. 3, eff. Jan. 1, 1996.|
TX Prop § 92.1031 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.1031. Conditions for Retention of Security Deposit or Rent Prepayment

Sec. 92.1031.  CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT.  (a)  Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:(1)  the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease;  or(2)  the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.(b)  If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either:(1)  a sum agreed to in the lease as a lease cancellation fee;  or(2)  actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant.|Added by Acts 1995, 74th Leg., ch. 869, Sec. 13, eff. Jan. 1, 1996.|
TX Prop § 92.104 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.104. Retention of Security Deposit; Accounting

Sec. 92.104.  RETENTION OF SECURITY DEPOSIT;  ACCOUNTING.  (a)  Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.(b)  The landlord may not retain any portion of a security deposit to cover normal wear and tear.(c)  If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions.  The landlord is not required to give the tenant a description and itemized list of deductions if:(1)  the tenant owes rent when he surrenders possession of the premises;  and(2)  there is no controversy concerning the amount of rent owed.|Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.1041 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.1041. Presumption of Refund or Accounting

Sec. 92.1041.  PRESUMPTION OF REFUND OR ACCOUNTING.  A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date.|Added by Acts 1995, 74th Leg., ch. 744, Sec. 4, eff. Jan. 1, 1996.|
TX Prop § 92.105 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.105. Cessation of Owner's Interest

Sec. 92.105.  CESSATION OF OWNER'S INTEREST.  (a)  If the owner's interest in the premises is terminated by sale, assignment, death, appointment of a receiver, bankruptcy, or otherwise, the new owner is liable for the return of security deposits according to this subchapter from the date title to the premises is acquired.(b)  The new owner shall deliver to the tenant a signed statement acknowledging that the new owner has acquired the property and is responsible for the tenant's security deposit and specifying the exact dollar amount of the deposit.(b-1)  The person who no longer owns an interest in the rental premises is liable for a security deposit received while the person was the owner until the new owner has received the deposit or has assumed the liability for the deposit, unless otherwise specified by the parties in a written contract.(c)  Subsection (a) does not apply to a real estate mortgage lienholder who acquires title by foreclosure.|Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984.  Amended by Acts 1985, 69th Leg., ch. 305, Sec. 2, eff. Aug. 26, 1985.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 5, eff. January 1, 2016.|
TX Prop § 92.106 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.106. Records

Sec. 92.106.  RECORDS.  The landlord shall keep accurate records of all security deposits.|Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.107 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.107. Tenant's Forwarding Address

Sec. 92.107.  TENANT'S FORWARDING ADDRESS.  (a)  The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.(b)  The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.|Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.108 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.108. Liability for Withholding Last Month's Rent

Sec. 92.108.  LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.  (a)  The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.(b)  A tenant who violates this section is presumed to have acted in bad faith.  A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent.|Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.109 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.109. Liability of Landlord

Sec. 92.109.  LIABILITY OF LANDLORD.  (a)  A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.(b)  A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:(1)  forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises;  and(2)  is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.(c)  In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.(d)  A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.|Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 92.110 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter C. Security Deposits|Section 92.110. Lease Without Security Deposit; Required Notice

Sec. 92.110.  LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE.  (a)  If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector.(b)  A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107.(c)  If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant.|Added by Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 6, eff. January 1, 2016.|
TX Prop § 92.152 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.152. Application of Subchapter

Sec. 92.152.  APPLICATION OF SUBCHAPTER.  (a)  This subchapter does not apply to:(1)  a room in a hotel, motel, or inn or to similar transient housing;(2)  residential housing owned or operated by a public or private college or university accredited by a recognized accrediting agency as defined under Section 61.003, Education Code;(3)  residential housing operated by preparatory schools accredited by the Texas Education Agency, a regional accrediting agency, or any accrediting agency recognized by the commissioner of education;  or(4)  a temporary residential tenancy created by a contract for sale in which the buyer occupies the property before closing or the seller occupies the property after closing for a specific term not to exceed 90 days.(b)  Except as provided by Subsection (a), a dwelling to which this subchapter applies includes:(1)  a room in a dormitory or rooming house;(2)  a mobile home;(3)  a single family house, duplex, or triplex;  and(4)  a living unit in an apartment, condominium, cooperative, or townhome project.|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 126, Sec. 1, eff. Aug. 28, 1995;  Acts 1995, 74th Leg., ch. 869, Sec. 2, eff. Jan. 1, 1996.|
TX Prop § 92.154 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.154. Height, Strike Plate, and Throw Requirements--Keyed Dead Bolt or Keyless Bolting Device

Sec. 92.154.  HEIGHT, STRIKE PLATE, AND THROW REQUIREMENTS--KEYED DEAD BOLT OR KEYLESS BOLTING DEVICE.  (a)  A keyed dead bolt or a keyless bolting device required by this subchapter must be installed at a height:(1)  not lower than 36 inches from the floor;  and(2)  not higher than:(A)  54 inches from the floor, if installed before September 1, 1993;  or(B)  48 inches from the floor, if installed on or after September 1, 1993.(b)  A keyed dead bolt or a keyless bolting device described in Section 92.151(6)(A) or (B) in a dwelling must:(1)  have a strike plate screwed into the portion of the doorjamb surface that faces the edge of the door when the door is closed;  or(2)  be installed in a door with a metal doorjamb that serves as the strike plate.(c)  A keyed dead bolt or keyless dead bolt, as described by Section 92.151(6)(A), installed in a dwelling on or after September 1, 1993, must have a bolt with a throw of not less than one inch.(d)  The requirements of this section do not apply to a keyed dead bolt or a keyless bolting device in one door of a pair of French doors that is installed in accordance with the requirements of Section 92.153(b)(1) or (2).|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.|
TX Prop § 92.155 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.155. Height Requirements--Sliding Door Security Devices

Sec. 92.155.  HEIGHT REQUIREMENTS--SLIDING DOOR SECURITY DEVICES.  A sliding door pin lock or sliding door security bar required by this subchapter must be installed at a height not higher than:(1)  54 inches from the floor, if installed before September 1, 1993;  or(2)  48 inches from the floor, if installed on or after September 1, 1993.|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.|
TX Prop § 92.156 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.156. Rekeying or Change of Security Devices

Sec. 92.156.  REKEYING OR CHANGE OF SECURITY DEVICES.  (a)  Except as otherwise provided by Subsection (e), a security device operated by a key, card, or combination shall be rekeyed by the landlord at the landlord's expense not later than the seventh day after each tenant turnover date.(b)  A landlord shall perform additional rekeying or change a security device at the tenant's expense if requested by the tenant.  A tenant may make an unlimited number of requests under this subsection.(c)  The expense of rekeying security devices for purposes of the use or change of the landlord's master key must be paid by the landlord.(d)  This section does not apply to locks on closet doors or other interior doors.(e)  If a tenant vacates the premises in breach of a written lease, the landlord may deduct from the tenant's security deposit the reasonable cost incurred by the landlord to rekey a security device as required by this section only if the lease includes a provision that is underlined or printed in boldface type authorizing the deduction.|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 1, eff. January 1, 2016.|
TX Prop § 92.157 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.157. Security Devices Requested by Tenant

Sec. 92.157.  SECURITY DEVICES REQUESTED BY TENANT.  (a)  At a tenant's request made at any time, a landlord, at the tenant's expense, shall install:(1)  a keyed dead bolt on an exterior door if the door has:(A)  a doorknob lock but not a keyed dead bolt; or(B)  a keyless bolting device but not a keyed dead bolt or doorknob lock; and(2)  a sliding door handle latch or sliding door security bar if the door is an exterior sliding glass door without a sliding door handle latch or sliding door security bar.(b)  At a tenant's request made before January 1, 1995, a landlord, at the tenant's expense, shall install on an exterior door of a dwelling constructed before September 1, 1993:(1)  a keyless bolting device if the door does not have a keyless bolting device;  and(2)  a door viewer if the door does not have a door viewer.(c)  If a security device required by Section 92.153 to be installed on or after January 1, 1995, without necessity of a tenant's request has not been installed by the landlord, the tenant may request the landlord to immediately install it, and the landlord shall immediately install it at the landlord's expense.|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1072 (H.B. 2404), Sec. 2, eff. January 1, 2016.Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 7, eff. January 1, 2016.|
TX Prop § 92.158 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.158. Landlord's Duty to Repair or Replace Security Device

Sec. 92.158.  LANDLORD'S DUTY TO REPAIR OR REPLACE SECURITY DEVICE.  During the lease term and any renewal period, a landlord shall repair or replace a security device on request or notification by the tenant that the security device is inoperable or in need of repair or replacement.|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.|
TX Prop § 92.159 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.159. When Tenant's Request or Notice Must Be in Writing

Sec. 92.159.  WHEN TENANT'S REQUEST OR NOTICE MUST BE IN WRITING.  A tenant's request or notice under this subchapter may be given orally unless the tenant has a written lease that requires the request or notice to be in writing and that requirement is underlined or in boldfaced print in the lease.|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.|
TX Prop § 92.160 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.160. Type, Brand, and Manner of Installation

Sec. 92.160.  TYPE, BRAND, AND MANNER OF INSTALLATION.  Except as otherwise required by this subchapter, a landlord may select the type, brand, and manner of installation, including placement, of a security device installed under this subchapter.  This section does not apply to a security device installed, repaired, changed, replaced, or rekeyed by a tenant under Section 92.164(a)(1) or 92.165(1).|Amended by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.|
TX Prop § 92.161 (2021)
2021 Texas Statutes|Property Code|Title 8 - Landlord and Tenant|Chapter 92 - Residential Tenancies|Subchapter D. Security Devices|Section 92.161. Compliance With Tenant Request Required Within Reasonable Time

Sec. 92.161.  COMPLIANCE WITH TENANT REQUEST REQUIRED WITHIN REASONABLE TIME.  (a)  Except as provided by Subsections (b) and (c), a landlord must comply with a tenant's request for rekeying, changing, installing, repairing, or replacing a security device under Section 92.156, 92.157, or 92.158 within a reasonable time.  A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date the request is received by the landlord.(b)  If within the time allowed under Section 92.162(c) a landlord requests advance payment of charges that the landlord is entitled to collect under that section, the landlord shall comply with a tenant's request under Section 92.156(b), 92.157(a), or 92.157(b) within a reasonable time.  A reasonable time for purposes of this subsection is presumed to be not later than the seventh day after the date a tenant's advance payment is received by the landlord, except as provided by Subsection (c).(c)  A reasonable time for purposes of Subsections (a) and (b) is presumed to be not later than 72 hours after the time of receipt of the tenant's request and any required advance payment if at the time of making the request the tenant informed the landlord that:(1)  an unauthorized entry occurred or was attempted in the tenant's dwelling;(2)  an unauthorized entry occurred or was attempted in another unit in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request;  or(3)  a crime of personal violence occurred in the multiunit complex in which the tenant's dwelling is located during the two months preceding the date of the request.(d)  A landlord may rebut the presumption provided by Subsection (a) or (b) if despite the diligence of the landlord:(1)  the landlord did not know of the tenant's request, without the fault of the landlord;(2)  materials, labor, or utilities were unavailable;  or(3)  a delay was caused by circumstances beyond the landlord's control, including the illness or death of the landlord or a member of the landlord's immediate family.(e)  This section does not apply to a landlord's duty to install or rekey, without necessity of a tenant's request, a security device under Section 92.153 or 92.156(a).|Added by Acts 1993, 73rd Leg., ch. 357, Sec. 3, eff. Sept. 1, 1993.|