Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.108
LIABILITY FOR WITHHOLDING LAST MONTH'S RENT.
Operative Text
Sec. 94.108. LIABILITY FOR WITHHOLDING LAST MONTH'S RENT. (a) A 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. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Under Texas Property Code § 94.108, a tenant living in a manufactured home community is not permitted to skip or reduce their final month's rent payment on the theory that their security deposit should cover it. The security deposit and the last 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 § 94.108 gives manufactured-home-community operators a clear legal remedy when a departing resident refuses to pay the final month's rent and points to their security deposit as justification. A compliant operator generally keeps careful records of rent payments and deposit amounts as separate line items throughout the tenancy, making it straightforward to document any shortfall. If a tenant withholds rent in violation of this section, the operator may pursue a court claim 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 94.108 of the Texas Property Code establishes that a security deposit cannot be used as a substitute for the last month's rent in a manufactured home community — these are two distinct financial obligations under Texas law. A tenant who withholds last-month's rent on this basis is presumed to have acted in bad faith and may face a court judgment for triple the withheld amount plus the landlord's attorney's fees. Tenants with questions about how their deposit and final rent interact can consult a tenant-rights organization or legal aid office familiar with Texas manufactured-home tenancy 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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