Security Deposit Return Deadlines & Deductions in Texas

At a glance

Texas rule

Texas law gives a landlord 30 days after you surrender the premises to refund your security deposit — but that clock has a catch: the landlord doesn't have to refund or account until you've given a written forwarding address. Texas sets no cap on how much a landlord can charge as a deposit, and doesn't require interest or a segregated account. A landlord can deduct for damage and charges you're legally responsible for under the lease, but never for normal wear and tear. A missed deadline creates a presumption of bad faith; the $100, three-times wrongfully withheld, and attorney-fee remedy requires bad-faith retention.

Requirements one by one

Governing law

Texas's security deposit rules sit in Property Code Chapter 92, Subchapter C (§§ 92.101-92.109) — the same chapter that governs residential tenancies generally.

Deadline to return the deposit

The baseline rule is 30 days after you surrender the premises: "the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises." (§ 92.103(a)). But a separate section makes that duty conditional: "The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address." (§ 92.107(a)). Practically, if you give your forwarding address only after you've moved out, the landlord's obligation doesn't attach until that address is in hand. The statute is also clear that you don't lose your right to a refund just because you were slow to send an address (§ 92.107(b)). A lease clause requiring advance notice of surrender as a condition of refund is effective only if underlined or printed in conspicuous bold type (§ 92.103(b)).

Itemized statement required?

Only if the landlord actually withholds part of the deposit. If the landlord keeps any amount, Texas law requires "a written description and itemized list of all deductions" (§ 92.104(c)) — with one exception: no itemized list is required if you owed rent when you moved out and there's no dispute about how much you owed.

What can be deducted

A landlord may deduct "damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease" (§ 92.104(a)). The one deduction the statute flatly forbids: "The landlord may not retain any portion of a security deposit to cover normal wear and tear." (§ 92.104(b)).

Maximum deposit amount

None. Texas Property Code § 92.102 defines what a security deposit is but sets no ceiling on the amount. No limit appears in the current state security-deposit subchapter (§§ 92.101–.109).

Interest on the deposit?

Texas's security-deposit subchapter doesn't require a landlord to pay interest on a held deposit.

Penalty for a late/bad-faith withholding

Two distinct remedies exist, and they cover different failures. If a landlord in bad faith retains a deposit, the tenant can recover "$100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees" (§ 92.109(a)). If instead the landlord in bad faith simply fails to provide the required itemized description, the landlord "forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises" and owes attorney's fees (§ 92.109(b)) — a full forfeiture that doesn't require proving the specific withheld amount was unreasonable. A landlord who misses the 30-day deadline entirely "is presumed to have acted in bad faith" (§ 92.109(d)), though that presumption can be rebutted. A timely postmark creates a separate presumption of timely refund or accounting under § 92.1041. In any suit, the landlord bears the burden of proving the retention was reasonable (§ 92.109(c)).

Separate account or bond required?

No. Texas doesn't require a landlord to segregate a deposit in its own account or post a bond. The landlord must keep accurate deposit records (§ 92.106), and the tenant's claim to the deposit outranks the landlord's creditors, including in bankruptcy (§ 92.103(c)).

What trips people up

The refund duty does not arise from move-out alone. If you haven't yet given the landlord a written forwarding address, the landlord's duty to refund or account hasn't even begun — send the address in writing (and keep proof) as soon as you can.

No deposit cap doesn't mean no rules. Texas landlords can charge any amount as a deposit, but the itemization, wear-and-tear, and bad-faith rules apply regardless of how large the deposit is.

A postmark can save a landlord who mailed on time. Because § 92.1041 treats a timely postmark as proof of a timely refund or accounting, a check that arrives a few days late in the mail isn't automatically proof of a missed deadline.

Common questions

Do I have to give my forwarding address to get my deposit back? Yes — the landlord's obligation to refund or account doesn't start until you do, though you don't forfeit your right to the deposit just by being late with it.

Can my landlord charge for repainting or new carpet? Only for a charge the tenant legally owes under the lease or for breach; § 92.104(b) excludes normal wear and tear.

What if my landlord ignores my deposit entirely? Missing the 30-day deadline is presumed bad faith under § 92.109(d), which can support a claim for $100 plus three times the wrongfully withheld amount plus your attorney's fees under § 92.109(a).

Statutes and sources

• Tex. Prop. Code § 92.103(a) — 30-day refund deadline. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.107(a)-(b) — forwarding-address precondition. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.104(a)-(c) — permitted deductions, wear-and-tear bar, itemization requirement. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.102 — definition of security deposit; no cap. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.109(a)-(d) — bad-faith penalties and presumption. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.1041 — mailbox-rule postmark presumption. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.103(c) — tenant's priority claim over the landlord's creditors. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.103(b) — conspicuous lease notice condition. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)
• Tex. Prop. Code § 92.106 — accurate deposit records. https://tcss.legis.texas.gov/resources/PR/htm/PR.92.htm (accessed 2026-10-07)