Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.109
LIABILITY OF LANDLORD.
Operative Text
Sec. 94.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Under Texas Property Code § 94.109, a manufactured-home-community landlord who wrongfully keeps a security deposit in bad faith faces significant financial consequences: a flat $100 penalty, three times the wrongfully withheld amount, and the tenant's reasonable attorney's fees. A landlord who fails in bad faith to provide a written, itemized list of deductions loses the right to keep any portion of the deposit and may also owe the tenant's attorney's fees. Critically, the law presumes bad faith if the landlord neither returns the deposit nor delivers a written itemization within 30 days of the tenant surrendering possession, and in any lawsuit the landlord bears the burden of proving the withholding was reasonable.
Plain English — not legal advice.
Operators of manufactured-home communities subject to Tex. Prop. Code § 94.109 generally maintain compliance by returning security deposits or delivering a written, itemized statement of deductions within 30 days of a tenant surrendering possession. Failing to meet that deadline triggers a legal presumption of bad faith, which shifts the burden of proof onto the landlord in any subsequent lawsuit. Compliant operators keep thorough, dated records of move-in and move-out conditions and document every deduction clearly to support the reasonableness of any withholding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 94.109 gives manufactured-home-community tenants meaningful protections when a landlord improperly keeps a security deposit: a bad-faith withholding can result in the landlord owing $100 plus three times the wrongfully withheld amount, along with reasonable attorney's fees. If the landlord never provides a written itemization of deductions, that landlord forfeits the right to keep any part of the deposit or to sue for damages. Tenants who believe their deposit was wrongfully withheld may consider consulting a tenant-rights organization, a legal aid office, or a private attorney to understand the options available under this provision.
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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