Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.101
SECURITY DEPOSIT.
Operative Text
Sec. 94.101. SECURITY DEPOSIT. In this chapter, "security deposit" means 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 lot in a manufactured home community that has been entered into by a landlord and a tenant. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Section 94.101 of the Texas Property Code establishes what counts as a "security deposit" within the context of manufactured home community lot leases. Under this definition, a security deposit is money paid in advance—beyond a rental application deposit or prepaid rent—whose primary purpose is to guarantee a tenant's performance of lease obligations. This definitional rule sets the boundary for which funds are subject to the security deposit rules found elsewhere in Chapter 94.
Plain English — not legal advice.
Operators of manufactured home communities in Texas should be aware that § 94.101 draws a clear line between security deposits and other upfront payments such as application fees or advance rent. Funds collected primarily to secure lease performance fall under the Chapter 94 security deposit framework, which carries its own handling and return requirements. Compliant operators typically document the specific purpose of each payment collected at or before move-in to ensure each category is correctly classified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 94.101 defines which money you pay before or at the start of a manufactured home lot lease qualifies as a "security deposit" under Texas law. If a payment is primarily meant to guarantee your performance under the lease—rather than being an application fee or prepaid rent—it is treated as a security deposit and the protections in Chapter 94 apply to it. Tenants who believe a payment has been misclassified may want to review the broader Chapter 94 rules, consult a tenant-rights organization, or contact a legal aid office to understand what remedies may be available.
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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