Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.102
SECURITY DEPOSIT.
Operative Text
Sec. 92.102. SECURITY DEPOSIT. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 744, Sec. 2, eff. Jan. 1, 1996.
Section 92.102 of the Texas Property Code establishes what legally qualifies as a security deposit in a residential rental context. Under this provision, a security deposit is any advance of money — beyond a rental application deposit or prepaid rent — that is primarily meant to guarantee a tenant's performance of lease obligations. The definition draws a clear boundary, ensuring that only funds serving that specific protective purpose are treated as security deposits under Texas law.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.102, landlords should be aware that the legal classification of funds collected at or before move-in matters significantly. Money collected as a rental application deposit or as advance rent is not treated as a security deposit, while funds intended to secure lease performance are — and those funds carry specific statutory obligations elsewhere in Chapter 92. Compliant operators typically document the stated purpose of each payment collected from a prospective or incoming tenant to ensure proper classification.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.102 defines what counts as a security deposit under Texas law, which matters because security deposits trigger a separate set of tenant protections found throughout Chapter 92. If a landlord collects money that functions as a security deposit — even if it is labeled something else — it may still qualify under this definition and carry the associated legal obligations. Tenants who believe funds were misclassified can consult a local tenant-rights organization or legal aid office to understand how this definition applies to their situation.
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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