Texas Security Deposit Law: Refund Within 30 Days, or $100 Plus 3× the Amount Withheld
A Texas landlord must refund the security deposit on or before the 30th day after you surrender the premises, with a written itemized list of any deductions (Tex. Prop. Code §92.103(a), §92.104(c)).
The landlord does not have to refund or itemize until you give a written forwarding address, though you do not lose the deposit by failing to give one (§92.107).
A landlord who in bad faith keeps a deposit owes $100, three times the amount wrongfully withheld, and your attorney's fees; missing the 30th day creates a presumption of bad faith (§92.109).
The 30-day rule
Texas security deposit law is in Subchapter C of Chapter 92 of the Property Code.
| Rule | Detail | Statute |
|---|---|---|
| Deadline | Refund on or before the 30th day after you surrender the premises | §92.103(a) |
| Itemized list | If anything is kept, the balance plus a written description and itemized list of all deductions | §92.104(c) |
| Forwarding address | The landlord need not refund or itemize until you give a written forwarding address | §92.107(a) |
| Mailing | The landlord is presumed to have complied if the refund or accounting is mailed and postmarked by the deadline | §92.1041 |
| Wear and tear | No part of the deposit may be kept for normal wear and tear | §92.104(b) |
An itemized list is not required if you owed rent when you left and there is no dispute over the amount owed (§92.104(c)).
Work out your 30-day deadline with the calculator
Penalties for keeping a deposit in bad faith
| Violation | Consequence | Statute |
|---|---|---|
| Keeping a deposit in bad faith | $100 + three times the portion wrongfully withheld + reasonable attorney’s fees | §92.109(a) |
| Not giving the itemized list in bad faith | Loses the right to keep any of the deposit or sue you for damage to the premises; liable for your attorney’s fees | §92.109(b) |
| Missing the 30th day | Presumed to have acted in bad faith | §92.109(d) |
In a tenant’s suit, the landlord must prove that keeping any part of the deposit was reasonable (§92.109(c)).
A lease clause requiring advance notice of move-out as a condition of the refund is effective only if it is underlined or in conspicuous bold print (§92.103(b)).
Don’t skip the last month’s rent
You may not withhold any part of the last month’s rent on the grounds that the deposit covers it. A tenant who does is presumed to act in bad faith and can owe three times the rent withheld plus the landlord’s attorney’s fees (§92.108).
Late fees
A landlord may charge a late fee only if (§92.019(a)):
- the fee is in a written lease,
- the fee is reasonable, and
- rent is still unpaid two full days after the due date.
A fee is treated as reasonable if it is no more than 12% of the monthly rent in a building with four or fewer units, or 10% in a building with more than four units (§92.019(a-1)(1)). A higher fee can be reasonable only if it does not exceed the landlord’s uncertain damages from the late payment (§92.019(a-1)(2)). A landlord who violates the section owes $100, three times the late fee collected, and attorney’s fees (§92.019(c)).
| Monthly rent | ≤ 4 units (12%) | > 4 units (10%) |
|---|---|---|
| $1,200 | $144 | $120 |
| $1,500 | $180 | $150 |
| $2,000 | $240 | $200 |
Late fee limits compared: Texas, New York, North Carolina
Common questions
Q. I moved out 40 days ago and never gave a forwarding address. Have I lost my deposit?
A. No. You do not forfeit the refund by failing to give a forwarding address (§92.107(b)), but the landlord’s obligation to refund and itemize does not start until you give one in writing (§92.107(a)). Send it now.
Q. Can the landlord charge for carpet cleaning or repainting?
A. Not for normal wear and tear (§92.104(b)). The landlord may deduct damages and charges you are legally liable for under the lease or because you breached it (§92.104(a)), and must itemize them.
Statutes (official text): Tex. Prop. Code ch. 92 (§92.019, §§92.101–92.109)
This page explains the statute in general terms and is not legal advice. Local ordinances, your lease and court decisions can add rules. Found an error or a law change? Tell us.