Texas Deposit return deadline
How long does a landlord have to return a security deposit in Texas?
Under Tex. Prop. Code § 92.103(a), except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. A requirement that a tenant give advance notice of surrender as a condition for refunding the deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease. Under § 92.107, the landlord is not obligated to return the deposit or give a written description of damages and charges until the tenant gives a written statement of the tenant's forwarding address, but the tenant does not forfeit the right to a refund or to that description merely for failing to give a forwarding address. Under § 92.104, before returning the deposit the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease, but may not retain any portion to cover normal wear and tear, and must give the balance, if any, together with a written description and itemized list of all deductions, except that the itemized list is not required if the tenant owes rent when he surrenders possession and there is no controversy concerning the amount of rent owed. Under § 92.109(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. Other sections of the subchapter, including records, change of owner, a fee in lieu of a security deposit, and the dollar amounts of landlord or tenant liability, are not fully restated here. Example: the 30-day refund clock in § 92.103(a) runs from the date the tenant surrenders the premises, but the landlord's obligation to actually send the refund or the itemized description does not begin until the tenant has given a written forwarding address under § 92.107; failing to give that address does not forfeit the tenant's right to the refund.
Verified Source: Tex. Prop. Code §§ 92.103, 92.104, 92.107, 92.109(d) · last checked 2026-11-12
How this works in Texas
In Texas you have 30 days after the tenant surrenders the unit to refund the deposit or send a written, itemized list of deductions. The law leans hard on landlords who miss that date: you are presumed to have acted in bad faith, and bad faith can cost $100 plus three times what you kept, plus the tenant's attorney's fees.
Step by step in Texas
- Ask the tenant for a written forwarding address. You don't have to refund or itemize until you get one.
- Inspect the unit and separate real damage from normal wear and tear, which you can't charge for.
- Write a description and itemized list of every deduction.
- Mail the refund and list so they are postmarked on or before day 30. A timely postmark counts as on time.
- Keep proof of the mailing date.
Common Texas mistakes to avoid
- Letting day 30 pass, which creates a presumption of bad faith.
- Deducting for normal wear and tear.
- Skipping the itemized list, which can cost you the right to keep any of the deposit or to sue for damages.
- Assuming the tenant forfeits the deposit just because they never sent a forwarding address. They don't.
Key deadlines and amounts in Texas
| Refund deadline | On or before the 30th day after the tenant surrenders the premises |
|---|---|
| On-time mailing | Postmarked on or before the deadline |
| Advance notice of move-out | Only enforceable if underlined or in conspicuous bold print in the lease |
| Bad faith withholding | $100, plus three times the amount wrongfully withheld, plus attorney's fees |
Texas FAQ
How long does a Texas landlord have to return a security deposit?
On or before the 30th day after the tenant surrenders the premises, under Tex. Prop. Code § 92.103(a). A refund or accounting placed in the mail and postmarked on or before that date is on time.
Do I have to return the deposit if the tenant left no forwarding address?
You don't have to refund or send the list of deductions until the tenant gives you a written forwarding address. But the tenant doesn't forfeit the refund just by failing to give one.
Can a Texas tenant use the deposit as the last month's rent?
No. Under § 92.108 the tenant may not withhold any part of the last month's rent on the grounds that the deposit is security for unpaid rent. A tenant who does is presumed to have acted in bad faith and can owe three times the rent withheld plus your attorney's fees.
Can I require advance notice of move-out as a condition of the refund?
Only if that requirement is underlined or printed in conspicuous bold print in the lease.
What happens if I keep a deposit in bad faith?
You can owe $100, plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees. Missing the 30-day deadline creates a presumption of bad faith.
Sources for this section: Tex. Prop. Code §§ 92.104, 92.1041, 92.107, 92.109 (checked 2026-10-15); Tex. Prop. Code §§ 92.103, 92.108 (checked 2026-10-15)
Same topic in neighboring states
All Texas landlord-tenant law · Texas landlord FAQ · Security deposit limit · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) · Move-in checklist
Get alerts when Texas's landlord laws change
A short email when a rule on this site changes. Free, unsubscribe anytime.