Texas Property Code
§ 92.111 — FEE IN LIEU OF SECURITY DEPOSIT
PR § 92.111Title 8. LANDLORD AND TENANT · Ch. 92. RESIDENTIAL TENANCIES · Art. C. SECURITY DEPOSITS
Statute text
View on source(a)If a security deposit is required by a residential lease, the landlord may choose to offer the tenant an option to pay a fee in lieu of a security deposit. If a landlord offers a tenant the option of paying a fee in lieu of a security deposit, the landlord:
(1)shall offer the tenant the option to instead pay a security deposit; and
(2)may not use a prospective tenant's choice to pay a fee in lieu of a security deposit or a security deposit as a criterion in the determination of whether to approve an application for occupancy.
(b)At the time a landlord offers to a tenant the option of paying a fee in lieu of a security deposit, the landlord shall notify the tenant in writing:
(1)that the tenant has the option to instead pay a security deposit;
(2)that the tenant has the option to terminate the agreement to pay the fee in lieu of a security deposit at any time and stop paying the fee, and instead, to pay a security deposit in the amount that is otherwise offered to new tenants for substantially similar housing on the date the tenant chooses to pay the security deposit; and
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Legislative history
Added by Acts 2021, 87th Leg., R.S., Ch. 189 (S.B. 1783), Sec. 1, eff. September 1, 2021.