Public-domain · open source
OpenJurist

Tex. Prop. Code § 92.1031

CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT

Applied in 1 court decision — leading case Hardy v. 11702 Memorial, Ltd. (2004)

Most recently applied in Hardy v. 11702 Memorial, Ltd. (October 2004)

Added by Acts 1995, 74th Leg., ch. 869, Sec. 13, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.