Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.108
LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.
Operative Text
Sec. 92.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent.(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent. Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Under Texas Property Code § 92.108, a tenant is not permitted to skip or reduce their last month's rent payment on the theory that their security deposit should cover it. The security deposit and the final month's rent are treated as legally separate obligations. A tenant who does withhold last-month's rent on this basis is presumed by law to have acted in bad faith, which can trigger significant financial consequences.
Plain English — not legal advice.
Texas Property Code § 92.108 gives landlords a meaningful remedy when a departing tenant refuses to pay the last month's rent and points to the security deposit as justification. A compliant operator generally keeps clear records of rent payments and deposit amounts throughout the tenancy, making it straightforward to document any shortfall. If a tenant withholds rent in violation of this section, the landlord may pursue a court judgment for three times the amount wrongfully withheld, plus reasonable attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.108 of the Texas Property Code establishes that a security deposit cannot be used as a substitute for the final month's rent — both obligations remain separate and must be fulfilled independently. Tenants who withhold last-month's rent on this basis face a statutory presumption of bad faith, which can result in liability for triple the withheld amount plus the landlord's attorney's fees. Tenants with questions about how their deposit and final rent interact may benefit from consulting a tenant-rights organization or legal aid clinic familiar with Texas landlord-tenant law.
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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