Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.354
LIABILITY OF LANDLORD.
Operative Text
Sec. 92.354. LIABILITY OF LANDLORD. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees. Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.334 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 9, eff. January 1, 2008.
Under Texas Property Code § 92.354, a landlord who acts in bad faith by failing to return an application fee or deposit as required by the subchapter faces a specific financial penalty. That penalty is calculated as $100 plus three times the amount wrongfully kept, along with the applicant's reasonable attorney's fees. The provision is designed to deter landlords from improperly withholding application-related funds by making the financial consequences of bad-faith retention significantly greater than the amount kept.
Plain English — not legal advice.
Texas Property Code § 92.354 makes clear that operators who fail to refund application fees or deposits in bad faith expose themselves to liability well beyond the original amount withheld — specifically $100, triple the wrongfully retained sum, and the applicant's attorney's fees. Compliant property managers generally document refund decisions promptly, retain only what is permitted under the subchapter, and return funds within the timeframes the law requires. Maintaining clear written records of application fee policies and refund actions is a common practice among operators seeking to demonstrate good faith.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Texas Property Code § 92.354 gives applicants a legal remedy when a landlord in bad faith refuses to return an application fee or deposit in violation of the subchapter. If a violation is established, the recoverable amount includes a flat $100, three times the wrongfully withheld sum, and reasonable attorney's fees — making it financially feasible for applicants to pursue a claim. Applicants who believe their funds were improperly kept may consider consulting a tenant-rights organization or a licensed Texas attorney to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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