Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.351
DEFINITIONS.
Operative Text
Sec. 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.(1-a) "Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance 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.(5-a) "Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord.(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, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.331 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. 7, eff. January 1, 2008.
Texas Property Code § 92.351 establishes the foundational vocabulary used throughout the rental application subchapter. It draws clear distinctions between terms such as "application deposit" (a refundable sum paid by an applicant who is rejected) and "application fee" (a nonrefundable sum collected to cover screening costs), and it defines who qualifies as an applicant, co-applicant, and landlord in this context. These definitions govern how the remaining provisions of the subchapter—covering acceptance, refunds, and related obligations—are interpreted and applied.
Plain English — not legal advice.
Property owners and managers operating in Texas should be familiar with the definitions set out in § 92.351, because the labels attached to money collected during the application process carry distinct legal consequences. A compliant operator generally makes clear in writing whether any pre-lease payment is a refundable application deposit or a nonrefundable application fee, since the subchapter treats these amounts differently. Keeping that distinction explicit in application materials helps ensure that subsequent obligations under the subchapter are applied correctly.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a rental applicant in Texas, § 92.351 gives you a framework for understanding the terminology that governs your rights throughout the application process. Knowing whether money you paid upfront is classified as a refundable "application deposit" or a nonrefundable "application fee" is important, because those labels determine what you may be entitled to recover if you are rejected. If you believe a landlord has mischaracterized a payment or withheld a refundable deposit improperly, tenant-rights organizations in Texas can help you understand the broader protections available under this subchapter.
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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