Sec. 92.110. LEASE WITHOUT SECURITY DEPOSIT; REQUIRED NOTICE. (a) If a security deposit was not required by a residential lease and the tenant is liable for damages and charges on surrender of the premises, the landlord shall notify the tenant in writing of the landlord's claim for damages and charges on or before the date the landlord reports the claim to a consumer reporting agency or third-party debt collector.
(b) A landlord is not required to provide the notice under Subsection (a) if the tenant has not given the landlord the tenant's forwarding address as provided by Section 92.107.
(c) If a landlord does not provide the tenant the notice as required by this section, the landlord forfeits the right to collect damages and charges from the tenant. Forfeiture of the right to collect damages and charges from the tenant is the exclusive remedy for the failure to provide the proper notice to the tenant.
Added by Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 6, eff. January 1, 2016.
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