Texas Security Deposit Return, 30-Day Deadline and Itemized Statement (Tex. Prop. Code 92.103)
Texas landlords must return a tenant's security deposit within 30 days after the tenant surrenders the premises and provides a forwarding address. The rule lives at Tex. Prop. Code Section 92.103. Missing the deadline without good cause can cost the landlord the entire deposit plus $100 plus three times the wrongfully withheld amount, under Section 92.109.
The 30-day rule at 92.103
Tex. Prop. Code 92.103(a) requires the landlord to refund the deposit within 30 days after surrender. If any amount is withheld, the landlord must include a written description and itemized list of deductions, per Section 92.104.
The 30-day clock starts when:
- The tenant surrenders possession (moves out and returns keys), AND
- The tenant has provided a written forwarding address.
Both conditions have to be met. The clock does not start just because the lease ended.
Forwarding address requirement
If the tenant does not provide a forwarding address, Tex. Prop. Code 92.107 relieves the landlord of the duty to return the deposit. But the landlord should hold the deposit for at least the statute-of-limitations period (4 years in Texas for contract claims) in case the tenant comes back.
A safe practice is to require the forwarding address as part of the move-out checklist the tenant signs.
Allowed deductions
Tex. Prop. Code 92.104(a) allows deductions for:
- Damage beyond normal wear and tear.
- Unpaid rent.
- Cost of returning the premises to move-in condition (cleaning, repair), if the lease requires it AND the tenant did not do it.
NOT allowed:
- Normal wear and tear.
- Pre-existing damage (unless documented).
- Upgrades.
Penalty for missing the deadline
Tex. Prop. Code 92.109(a) imposes a harsh penalty for bad-faith withholding:
- The tenant can recover $100, plus
- Three times the amount wrongfully withheld, plus
- Reasonable attorney's fees.
Missing the 30-day deadline without written explanation triggers a presumption of bad faith under 92.108.
Example: $1,500 deposit withheld in full without explanation. Tenant sues. Court awards $1,500 (the deposit) + $100 (statutory) + $4,500 (3x) + attorney fees. Total exposure: $6,100+.
Bad-faith presumption under 92.108
Section 92.108 creates a presumption of bad faith if the landlord:
- Does not return the deposit within 30 days, AND
- Does not provide the itemized list of deductions.
The burden is on the landlord to rebut the presumption with evidence of good faith.
Where to get a Texas move-out checklist
Documentation is the main defense. LeaseKit's Texas move-out checklist template includes a room-by-room condition report, the 30-day return deadline pre-printed, and an itemized deduction table matched to the Texas 92.103 format. $29 one-time.
This post is informational. Texas deposit disputes are common in small-claims court. For contested cases, consult a Texas-licensed attorney.