Deposit laws by state › Texas
State law · Texas
Texas security deposit law
How long your landlord has to return your deposit, what they can deduct, and what happens if they get it wrong.
Short answer: The landlord must refund the deposit, or send a written list of deductions, by the 30th day after the tenant surrenders the unit. The landlord does not have to act until the tenant gives a written forwarding address.
How long does a landlord have to return a security deposit in Texas?
- Return deadline
- The landlord must refund the deposit, or send a written list of deductions, by the 30th day after the tenant surrenders the unit. The landlord does not have to act until the tenant gives a written forwarding address.Tex. Prop. Code § 92.103
- Itemized list
- Any deduction requires a written description and itemized list of damages and charges within the same 30 days.Tex. Prop. Code § 92.104
- Forwarding address
- The landlord does not have to refund the deposit or send the itemized list until the tenant gives a written forwarding address. Not giving one does not forfeit the tenant's right to the refund.Tex. Prop. Code § 92.107
Prefer a full page? Use the security deposit deadline calculator.
What happens if a Texas landlord misses the deadline?
- If the landlord misses it
- A landlord who in bad faith does not provide the itemized list forfeits the right to keep any part of the deposit and to sue the tenant for damage. Missing the 30-day deadline creates a legal presumption of bad faith (§ 92.109(d)), which the landlord can try to rebut.Tex. Prop. Code § 92.109(b)
- Penalty
- A landlord who keeps a deposit in bad faith owes $100, plus three times the amount wrongfully withheld, plus the tenant's attorney's fees. A landlord who misses the 30-day deadline is presumed to have acted in bad faith.Tex. Prop. Code § 92.109(a), (d)
- Burden of proof
- The landlord has the burden of proving that keeping any part of the deposit was reasonable.Tex. Prop. Code § 92.109(c)
Penalties that depend on bad faith or willfulness are possible, not automatic. Only a judge can make that finding.
What can a Texas landlord deduct from your deposit?
What can be deducted: Damages and charges the tenant is legally liable for under the lease or because of breaching the lease. (Tex. Prop. Code § 92.104(a))
Normal wear and tear: The landlord may not keep any part of the deposit to cover normal wear and tear. (Tex. Prop. Code § 92.104(b))
What the itemized list must include: A written description and itemized list of all deductions (not required only if the tenant owed rent at move-out and there is no dispute about the amount). (Tex. Prop. Code § 92.104(c))
More on common charges: normal wear and tear, cleaning, painting, and a missing itemized list.
Taking a deposit case to small claims court in Texas
Small-claims limit: Texas justice court hears small claims up to $20,000, not counting statutory interest and court costs. (Tex. Gov't Code § 27.031)
Most deposit disputes never get that far. A clear demand letter, sent by certified mail, often settles them first.
Good to know
- If you never gave a written forwarding address, the 30-day clock has not started. Send one in writing before relying on a missed deadline.
What to do if your Texas landlord kept your deposit
- Pin down your dates. When you moved out, returned the keys, and gave a forwarding address in writing. Compare them with the deadline above.
- Gather your evidence. Move-in and move-out photos, the lease, the landlord's list of deductions, receipts and messages. The case checklist covers what matters.
- Send a demand letter by certified mail. Ask for the money, cite Texas's rules, and give a deadline to pay. What a demand letter does.
- If they still don't pay, consider small claims court. You don't need a lawyer there.
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Sources
These rules come from the same verified table the Demand Letter Companion uses, checked against the sources below on October 25, 2026. Laws change; check the current official text before relying on a date.
- Tex. Prop. Code §§ 92.101-92.109: codes.findlaw.com
- Tex. Prop. Code §§ 92.101-92.109: texas.public.law
- Tex. Gov't Code § 27.031: sll.texas.gov
- Tex. Prop. Code §§ 92.101-92.109: texas.public.law
Other states: see the guides for all 50 states and DC
This page is general legal information, not legal advice. Local ordinances can add rules, and your lease and facts matter. For advice about your situation, consult a licensed attorney in Texas.