Texas Codes

Tex. Prop. Code § 92.354 (2026)

Liability Of Landlord

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Sec. 92.354. LIABILITY OF LANDLORD. A landlord who in bad faith fails to refund an application fee or deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the amount wrongfully retained, and the applicant's reasonable attorney's fees.

Added by Acts 1995, 74th Leg., ch. 744, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.334 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 9, eff. January 1, 2008.

Notes of Decisions
Cited in 1 case, 2013–2013 · leading case: Jinhui Chen v. Jodi Johnson, No. 02-12-00428-CV (Tex. App.—Fort Worth May 30, 2013).
Jinhui Chen v. Jodi Johnson, No. 02-12-00428-CV (Tex. App.—Fort Worth May 30, 2013). · cites it 3× “On appeal, the Johnsons concede that the highest dollar recovery of damages to which they are entitled based on their pleadings is the liquidated damage amount of $1,500 for the application deposit; plus statutory penalties in the amount of $3,000; plus an additional $100 if the…”
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