TEXAS PROPERTY CODE

TITLE 8. LANDLORD AND TENANT

CHAPTER 92. RESIDENTIAL TENANCIES

SUBCHAPTER I. RENTAL APPLICATION DEPOSITS


	§ 92.351. DEFINITIONS.  For purposes of this subchapter:                    
		(1)  "Application deposit" means a sum of money that is 
given to the landlord in connection with a rental application and 
that is refundable to the applicant if the applicant is rejected as 
a tenant.
		(2)  "Applicant" or "rental applicant" means a person 
who makes an application to a landlord for rental of a dwelling.
		(3)  "Co-applicant" means a person who makes an 
application for rental of a dwelling with other applicants and who 
plans to live in the dwelling with other applicants.
		(4)  "Deposited" means deposited in an account of the 
landlord or the landlord's agent in a bank or other financial 
institution.
		(5)  "Landlord" means a prospective landlord to whom a 
person makes application for rental of a dwelling.
		(6)  "Required date" means the required date for any 
acceptance of the applicant under Section 92.352.

Added by Acts 1995, 74th Leg., ch. 744, § 5, eff. Jan. 1, 1996.  
Renumbered from V.T.C.A., Property Code § 92.331 by Acts 1997, 
75th Leg., ch. 165, § 31.01(71), eff. Sept. 1, 1997.


	§ 92.352. REJECTION OF APPLICANT.  (a) The applicant is 
deemed rejected by the landlord if the landlord does not give notice 
of acceptance of the applicant on or before the seventh day after 
the:
		(1)  date the applicant submits a completed rental 
application to the landlord on an application form furnished by the 
landlord;  or
		(2)  date the landlord accepts an application deposit 
if the landlord does not furnish the applicant an application form.
	(b)  A landlord's rejection of one co-applicant shall be 
deemed as a rejection of all co-applicants.

Added by Acts 1995, 74th Leg., ch. 744, § 5, eff. Jan. 1, 1996.  
Renumbered from V.T.C.A., Property Code § 92.332 by Acts 1997, 
75th Leg., ch. 165, § 31.01(71), eff. Sept. 1, 1997.


	§ 92.353. PROCEDURES FOR NOTICE OR REFUND.  (a) Except as 
provided in Subsection (b), a landlord is presumed to have given 
notice of an applicant's acceptance or rejection if the notice is 
by:
		(1)  telephone to the applicant, co-applicant, or a 
person living with the applicant or co-applicant on or before the 
required date;  or
		(2)  United States mail, addressed to the applicant and 
postmarked on or before the required date.
	(b)  If a rental applicant requests that any acceptance of 
the applicant or any refund of the applicant's application deposit 
be mailed to the applicant, the landlord must mail the refund check 
to the applicant at the address furnished by the applicant.
	(c)  If the date of required notice of acceptance or required 
refund of an application deposit is a Saturday, Sunday, or state or 
federal holiday, the required date shall be extended to the end of 
the next day following the Saturday, Sunday, or holiday.

Added by Acts 1995, 74th Leg., ch. 744, § 5, eff. Jan. 1, 1996.  
Renumbered from V.T.C.A., Property Code § 92.333 by Acts 1997, 
75th Leg., ch. 165, § 31.01(71), eff. Sept. 1, 1997.


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

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