Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.353
PROCEDURES FOR NOTICE OR REFUND.
Operative Text
Sec. 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, Sec. 5, eff. Jan. 1, 1996. Renumbered from Property Code Sec. 92.333 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(71), eff. Sept. 1, 1997.
Texas Property Code § 92.353 establishes the methods by which a landlord is considered to have properly delivered notice of an applicant's acceptance or rejection, as well as the rules for refunding application deposits. A landlord satisfies the notice requirement by calling the applicant (or a co-applicant or household member) or by mailing notice via U.S. mail postmarked by the required date. If a deadline falls on a Saturday, Sunday, or a state or federal holiday, the deadline automatically extends to the end of the next business day.
Plain English — not legal advice.
Under § 92.353, compliant operators generally document their method of delivering acceptance or rejection notices—whether by phone call or U.S. mail postmarked by the required date—to establish the presumption that proper notice was given. When an applicant specifically requests that an acceptance notice or application deposit refund be mailed, operators send the refund check to the address the applicant provided. Operators also track deadlines carefully, noting that any required date falling on a weekend or state or federal holiday shifts to the close of the following business day.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.353 of the Texas Property Code gives rental applicants the right to request that any acceptance notice or refund of an application deposit be mailed to a specific address they provide, and the landlord is then obligated to honor that request. If you believe a landlord failed to provide timely notice or return a deposit by the required date, that potential violation may be relevant to any dispute you raise. Tenant-rights organizations in Texas can help applicants understand how these procedural rules interact with other provisions in Chapter 92 and what general options exist for addressing non-compliance.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation