Tex. Prop. Code § 94.104 · Subchapter C. SECURITY DEPOSIT
CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), a landlord who receives a security deposit or rent prepayment for a manufactured home lot from a tenant who fails to occupy the lot according to a lease agreement 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 lot 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 lot 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) an amount agreed to in the lease agreement as a lease cancellation fee; or
(2) actual expenses incurred by the landlord in securing the replacement tenant, including a reasonable amount for the time spent by the landlord in securing the replacement tenant.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/PR/htm/PR.94.htm
- Text hash
- sha256 b77e930d884452f2c1c7db0044f83930c4568130d531d9ce4df8989c16fd6ca9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.