We are often called upon to defend suits filed by tenants against managers of residential rental properties. These suits generally arise from disputes over security 
deposit refunds and/or unfulfilled repair requests.
Sometimes the owner/landlord is also joined in the lawsuit, but frequently the property manager is the sole Defendant.
We have enjoyed a recent streak of success in getting these cases dismissed on grounds that Chapter 92 of the Texas Property Code is inapplicable to the relationship between a Tenant and a Property Manager.
In my opinion (and that of multiple Bexar County Judges), this inapplicability is evidenced by a careful, common-sense reading of the plain language of Chapter 92, and especially the following:
(i) According to the plain language of Tex.Prop. Code § 92.002, Chapter 92 applies exclusively to the relationship between “Landlords” and “Tenants” of residential property;
(ii) There is no reference to a “Property Manager” in Section 92.002, which is entitled “Application.”
(iii) The terms “landlord” and “tenant” are both specifically defined in Section 92.001.
(iv) The definition of “Landlord”as provided in Tex.Prop. Code § 92.001(2) expressly excludes a “Property Manager.”
(v) However, the concept and role of property mangers was not overlooked by the Texas Legislature. Rather, property managers were recognized and generally excluded from the legal definition of the term “Landlord.”
Accordingly, we have successfully convinced multiple Bear and Comal County Judges that Chapter 92 does not create or otherwise provide a statutory cause of action by a residential tenant against a property manager. In response, the tenants’ claims have been dismissed, with costs and fees taxed against them.
If you are a property manager facing a claim or suit by a tenant, contact my office today.
