Bad faith (deposit retention)
In Texas, keeping a deposit dishonestly or without a lawful basis, which triggers triple damages.
Texas law punishes a landlord who in bad faith keeps a security deposit: the landlord owes $100, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees (Tex. Prop. Code §92.109(a)).
A landlord who misses the 30-day deadline to refund or itemize is presumed to have acted in bad faith (§92.109(d)), and the landlord has the burden of proving that any amount kept was reasonable (§92.109(c)).
Common questions
Q. Can a tenant act in bad faith too?
A. Yes. A Texas tenant may not withhold the last month’s rent on the grounds that the deposit covers it. A tenant who does so is presumed to act in bad faith and can owe three times the rent withheld plus attorney’s fees (§92.108).
Definitions and rules come from each state’s official statute text. This is general information, not legal advice. All terms