Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.001
DEFINITIONS.
Operative Text
Sec. 92.001. DEFINITIONS. Except as otherwise provided by this chapter, in this chapter:(1) "Dwelling" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants.(2) "Landlord" means the owner, lessor, or sublessor of a dwelling, but does not include a manager or agent of the landlord unless the manager or agent purports to be the owner, lessor, or sublessor in an oral or written lease.(3) "Lease" means any written or oral agreement between a landlord and tenant that establishes or modifies the terms, conditions, rules, or other provisions regarding the use and occupancy of a dwelling.(4) "Normal wear and tear" means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant's household, or by a guest or invitee of the tenant.(5) "Premises" means a tenant's rental unit, any area or facility the lease authorizes the tenant to use, and the appurtenances, grounds, and facilities held out for the use of tenants generally.(6) "Tenant" means a person who is authorized by a lease to occupy a dwelling to the exclusion of others and, for the purposes of Subchapters D, E, and F, who is obligated under the lease to pay rent. Acts 1983, 68th Leg., p. 3630, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1993, 73rd Leg., ch. 48, Sec. 12, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 357, Sec. 1, eff. Sept. 1, 1993.
Section 92.001 of the Texas Property Code establishes the foundational vocabulary used throughout Chapter 92, which governs residential tenancies in Texas. Key terms defined include "dwelling," "landlord," "lease," "normal wear and tear," "premises," and "tenant," each carrying a specific legal meaning that applies unless a later section of the chapter states otherwise. Notably, "normal wear and tear" is distinguished from damage caused by negligence or misuse, and "landlord" is defined in a way that excludes most property managers unless they hold themselves out as the actual owner or lessor.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.001, the term "landlord" specifically refers to the owner, lessor, or sublessor of a dwelling — not a property manager or agent, unless that person represents themselves as the owner or lessor in a lease. Operators who use management companies should be aware that how their agents communicate their role in lease documents can affect who bears legal responsibility under Chapter 92. Compliant operators generally ensure that lease agreements clearly and accurately identify the actual owner or lessor to avoid ambiguity about who holds landlord obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.001 defines the terms that shape tenant rights throughout Chapter 92, including what counts as a "lease" (written or oral), what qualifies as "normal wear and tear," and what areas fall within "premises." The distinction between normal wear and tear and tenant-caused damage is particularly relevant when security deposit deductions are disputed, since only deterioration from negligence, carelessness, accident, or abuse falls outside the protected definition. Tenants who believe their rights under Chapter 92 have been affected by how these terms are applied can consult a tenant-rights organization or review the full chapter to understand which subchapters govern their specific circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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