Sec. 92.1031. CONDITIONS FOR RETENTION OF SECURITY DEPOSIT OR RENT PREPAYMENT. (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.
Added by Acts 1995, 74th Leg., ch. 869, Sec. 13, eff. Jan. 1, 1996.
Structure Texas Statutes
Chapter 92 - Residential Tenancies
Subchapter C. Security Deposits
Section 92.102. Security Deposit
Section 92.103. Obligation to Refund
Section 92.1031. Conditions for Retention of Security Deposit or Rent Prepayment
Section 92.104. Retention of Security Deposit; Accounting
Section 92.1041. Presumption of Refund or Accounting
Section 92.105. Cessation of Owner's Interest
Section 92.107. Tenant's Forwarding Address
Section 92.108. Liability for Withholding Last Month's Rent
Section 92.109. Liability of Landlord
Section 92.110. Lease Without Security Deposit; Required Notice