Texas security deposit law

Security Deposit Laws in Texas: What Your Landlord Can and Cannot Keep

Your landlord has 30 days under Texas law to return your security deposit, or you may be owed more than what they withheld. If they keep more than they're legally allowed, you can dispute it.

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Texas security deposit return timeline

Deadline to return

30 days

Statute

Tex. Prop. Code § 92.103 (deadline); § 92.104 (deductions); § 92.107 (forwarding address); § 92.109 (landlord liability)

The landlord must refund the deposit on or before the 30th day after the date the tenant surrenders the premises (§ 92.103(a)). CONDITION: under § 92.107(a) the landlord is NOT obligated to return the deposit or give a written description of damages until the tenant gives a WRITTEN statement of the tenant's forwarding address. However § 92.107(b) provides the tenant does NOT forfeit the right to a refund or description merely by failing to give a forwarding address — it only SUSPENDS the landlord's obligation. A lease requirement of advance notice of surrender as a condition of refund is effective only if underlined or in conspicuous bold print (§ 92.103(b)). An itemized list is required whenever any portion is retained, EXCEPT where the tenant owes rent at surrender and there is no controversy over the amount owed (§ 92.104(c)).

What can a landlord legally deduct in Texas?

Allowed

  • ✓Unpaid rent
  • ✓Damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease

Not allowed

  • ✗Normal wear and tear (§ 92.104(b))

What if your landlord keeps your deposit wrongfully in Texas?

Bad-faith retention: liable for $100 PLUS three times the portion wrongfully withheld PLUS the tenant's reasonable attorney's fees (§ 92.109(a)). Bad-faith failure to provide the written description and itemized list: forfeits the right to withhold any portion or to sue the tenant for damages to the premises, and liable for attorney's fees (§ 92.109(b)). Important: a landlord who fails either to return the deposit or to provide the written itemization on or before the 30th day after surrender is PRESUMED to have acted in bad faith (§ 92.109(d)), and the landlord bears the burden of proving retention was reasonable (§ 92.109(c)).

How TenantNex helps

  1. 1. Tell us your move-out date, deposit amount, and landlord's address — two minutes.
  2. 2. We generate a demand letter citing Tex. Prop. Code § 92.103 (deadline); § 92.104 (deductions); § 92.107 (forwarding address); § 92.109 (landlord liability) and your exact deadline.
  3. 3. We mail it to your landlord via USPS Certified Mail with return receipt.
  4. 4. You track delivery on your case page, with day-7 and day-14 follow-up.

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Texas tenant rights resources

Every fact on this page is verified against Texas's official statutory text as of 2026-09-04. TenantNex prepares legal correspondence as a document preparation service, not as your attorney. For complex disputes, consult a licensed attorney in Texas.

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What TenantNex is — and isn't

TenantNex is a document preparation and delivery service, not a law firm. We prepare and send correspondence using publicly available state statutes. We do not provide legal advice, legal representation, or guarantee any outcome. For complex legal matters, consult a licensed attorney in your state.