What happens if a Texas landlord does not return the deposit?
$100 plus 3x wrongfully withheld amount plus attorney fees under Tex. Prop. Code 92.109. Missing the deadline without written explanation creates a bad-faith presumption. The tenant must give the landlord 30 days from move-out to return the deposit (or the balance with itemized statement). After that, the tenant can demand return by certified mail and, if no response, file in small-claims court. Texas courts treat missed deadlines as a strong signal of bad faith. The penalty is in addition to the wrongfully withheld deposit. Self-help (refusing to leave or damaging the unit) is never the answer; the legal process is faster than self-help in most Texas jurisdictions.
Source: Tex. Prop. Code 92.103
This is an informational answer based on Tex. Prop. Code 92.103 as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Texas-licensed attorney.