Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.355
WAIVER.
Operative Text
Sec. 92.355. WAIVER. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void. Added by Acts 2007, 80th Leg., R.S., Ch. 917 (H.B. 3101), Sec. 10, eff. January 1, 2008.
Section 92.355 of the Texas Property Code establishes that any clause in a rental application attempting to waive a right or release a party from a duty or liability under the subchapter has no legal force. In other words, the protections and obligations created by this subchapter cannot be contracted away at the application stage. The rule applies regardless of how such a waiver clause is worded or presented.
Plain English — not legal advice.
Under Tex. Prop. Code § 92.355, rental application forms that include clauses purporting to waive tenant rights or relieve the landlord of duties established by this subchapter are unenforceable as a matter of law. Compliant operators generally review their application templates to ensure no such language appears, since including void provisions does not eliminate the underlying statutory obligations. Staying current with the requirements of Tex. Prop. Code §§ 92.001–92.355 helps ensure application documents reflect enforceable terms only.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.355 means that if a rental application you signed contained language purporting to give up your rights or release the landlord from duties under this subchapter, that language carries no legal weight. Tenants can raise the unenforceability of such a clause as a defense if a landlord attempts to rely on it. Tenant-rights organizations in Texas can provide general information about how this provision interacts with other protections in Tex. Prop. Code §§ 92.001–92.355.
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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