Sec. 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.
(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent.
Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
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