Texas Security Deposit Return: The Deadline, What Can Be Deducted, and What a Tenant or Landlord Can Do

A Texas landlord generally has to refund a residential security deposit on or before the 30th day after the tenant surrenders the premises, under Texas Property Code § 92.103 (opens in a new tab). That duty depends on the tenant giving the landlord a written forwarding address (§ 92.107 (opens in a new tab)). If the landlord keeps any part of the deposit, § 92.104 (opens in a new tab) generally requires sending the remaining balance with a written description and itemized list of the deductions, and no deduction may cover normal wear and tear. A late or wrongful retention can bring the bad-faith rules and remedies of § 92.109 (opens in a new tab) into play.

When the 30-day deadline starts

The clock in Texas Property Code § 92.103 (opens in a new tab) runs from the date the tenant surrenders the premises, meaning the date the tenant gives the rental back. It does not run from the end date printed on the lease or from the date the landlord inspects the unit.

Many leases ask the tenant to give advance notice before moving out. Under section 92.103(b), a requirement that the tenant give advance notice of surrender counts as a condition for getting the deposit back only if the lease underlines it or prints it in conspicuous bold print. If your lease has that kind of clause, it is worth reading the exact wording and keeping a copy of the notice you send.

What the tenant needs to send: a written forwarding address

Under Texas Property Code § 92.107(a) (opens in a new tab), the landlord is not obligated to return the deposit or send the written description of damages and charges until the tenant gives a written statement of a forwarding address for the purpose of refunding the deposit. A tenant who skips this step does not lose the deposit, though. Section 92.107(b) says the tenant does not forfeit the right to a refund, or to the description of damages and charges, merely by failing to give a forwarding address.

The statute sets no separate deadline for the forwarding address, but the landlord's 30-day obligation effectively waits for it. TexasLawHelp's security deposit page (opens in a new tab) describes this as written notice of a reliable mailing address and recommends keeping a copy of what you send.

What the landlord has to send by the deadline

If the landlord keeps all or part of the deposit, Texas Property Code § 92.104(c) (opens in a new tab) requires the landlord to give the tenant the remaining balance, if any, together with a written description and itemized list of all deductions. The exception is narrow: no itemized list is required when the tenant owes rent at surrender and there is no controversy about the amount owed. If the rent amount is disputed, the exception does not fit.

The statute calls for the description and itemized list; it does not set a required form or require invoices, receipts, photographs or estimates to be attached. Those records can still help a landlord show why a deduction was taken.

Timing is measured by mail. Under Texas Property Code § 92.1041 (opens in a new tab), a refund or accounting is presumed timely if it is mailed and postmarked by the required date. Keeping proof of the mailing date ties directly to that presumption.

What a landlord can and cannot deduct

Texas Property Code § 92.104(a) (opens in a new tab) allows deductions for damages and charges the tenant is legally liable for under the lease, or that result from breaching the lease. Section 92.104(b) prohibits keeping any part of the deposit for normal wear and tear.

Texas Property Code § 92.001 (opens in a new tab) defines normal wear and tear as deterioration that results from the intended use of the premises, equipment, fixtures or personal property. Questions about cleaning, repainting or carpet often turn on that definition and on the lease. Ordinary wear from living in a unit falls on one side of the line; damage the tenant is liable for under the lease falls on the other. The move-in and move-out records discussed below help show which side a particular item belongs on.

Last month's rent and unpaid rent

A common question is whether a tenant can simply let the deposit cover the final month. Texas Property Code § 92.108(a) (opens in a new tab) answers it directly: the tenant may not withhold payment of any portion of the last month's rent on the ground that the security deposit is security for unpaid rent.

The consequences are significant. Section 92.108(b) presumes bad faith when a tenant violates this rule, and a tenant who does so in bad faith is liable for three times the rent wrongfully withheld plus the landlord's reasonable attorney's fees in a suit to recover the rent. Unpaid rent and the deposit accounting are related but separate questions; the lease, the facts and any dispute over the amount all still matter.

When the property is sold or the landlord changes

When an owner's interest ends through sale, assignment, death, appointment of a receiver, bankruptcy or otherwise, Texas Property Code § 92.105(a) (opens in a new tab) makes the new owner liable for returning security deposits from the date title is acquired. Section 92.105(b) requires the new owner to give the tenant a signed statement acknowledging the acquisition, accepting responsibility for the deposit and stating its exact dollar amount.

TexasLawHelp's page on renting myths (opens in a new tab) notes that Texas does not generally require deposits to be held in an escrow account or the money to transfer automatically in a sale. If you rented with roommates or a co-signer, how one deposit is shared usually depends on the lease and the payment records, and a landlord-tenant attorney can review those documents.

What happens if the landlord keeps the deposit or misses the deadline

Texas Property Code § 92.109 (opens in a new tab) sets out the remedies, and each one turns on bad faith:

• Under section 92.109(a), a landlord who in bad faith keeps a deposit in violation of the subchapter is liable for $100, plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees in a suit to recover the deposit.
• Under section 92.109(b), a landlord who in bad faith fails to provide the written description and itemized list forfeits the right to withhold any part of the deposit or to sue the tenant for property damage, and is liable for the tenant's reasonable attorney's fees.
• Under section 92.109(c), the landlord has the burden of proving that keeping any part of the deposit was reasonable.
• Under section 92.109(d), a landlord who fails to return the deposit or provide the written description and itemization on or before the 30th day after surrender is presumed to have acted in bad faith.

A late refund does not automatically produce the $100-plus-three-times amount. The formula applies to bad-faith retention, and the missed deadline creates a presumption of bad faith rather than a final finding. What a court decides depends on the facts it finds.

Records both sides should keep

Records help either side show what the unit looked like and what was sent, and when. Texas Property Code § 92.106 (opens in a new tab) addresses the landlord's records of deposits, and sections 92.103 and 92.104 tie the refund and deductions to surrender and the lease. Useful records include:

• The signed lease and any addenda.
• A move-in condition checklist and a move-out condition checklist.
• Dated photographs or video of the unit at move-in and move-out.
• Records of returning keys and access devices.
• The written surrender notice and the written forwarding-address notice.
• Messages about inspection or deductions.
• The refund, the written description and itemized deduction list, and proof of mailing.
• The rent ledger.
• Repair invoices, receipts, estimates or internal records where relevant.

TexasLawHelp recommends documenting damage that existed before you moved in, taking photographs, doing a walk-through with the landlord when possible, returning the keys and giving a written forwarding address. If you want a move-out inspection, check whether your lease has inspection terms.

Where a deposit dispute is handled

TexasLawHelp offers a security-deposit demand-letter form for a tenant who wants to request the deposit in writing, and our guide on what a demand letter is explains what one usually says and when it is required.

If the dispute goes further, a deposit-only money claim generally goes to the justice court with proper venue. Texas justice courts generally hear civil claims of up to $20,000, excluding interest. Justice-court procedure is governed by Rules 500 to 507 of the Texas Rules of Civil Procedure, listed on the Texas Judicial Branch rules page (opens in a new tab), which cover pleadings, service, trial, judgment and appeals. Rule 510 (opens in a new tab) governs eviction cases, not ordinary deposit-only claims. If the landlord is also seeking possession of the rental, our guide to the Texas eviction process covers that separate case. A landlord or tenant who receives court papers in a deposit case may also find our guide on what to do if you are served with a lawsuit useful.

Filing fees have statewide and local parts, and the Texas Judicial Branch explains (opens in a new tab) that the actual total varies by county. As one dated example, Dallas County Justice of the Peace Court 3-1 (opens in a new tab) lists, effective January 1, 2026, a small claims filing fee of $54, a combined filing and service fee of $134 for a Dallas County resident, and an $80 service fee for each additional defendant. Those figures apply to that court only, so confirm the current fees and filing location with the justice-court clerk in the county where you would file.

Subsidized housing, local rules and leases without a deposit

Texas law sets the general rules, but federally assisted housing can add its own. For Housing Choice Vouchers, 24 C.F.R. § 982.313 (opens in a new tab) provides that, subject to state and local law, an owner may use the deposit for unpaid tenant rent, damages or other amounts owed under the lease, and limits the deposit to what the owner charges unassisted tenants or what is customary in the private market. Project-based vouchers have separate provisions in 24 C.F.R. § 983.259 (opens in a new tab), and certain assisted housing has its own requirements in 24 C.F.R. § 891.435 (opens in a new tab). Under HUD's HOME program rules (opens in a new tab), HOME security-deposit assistance may not exceed the equivalent of two months' rent.

Local rules can also apply, especially to subsidized or specially regulated housing, so confirm your rental city's current housing ordinance with its housing or code-enforcement office. Texas law also addresses leases without a security deposit and fees charged in place of one, in sections 92.110 and 92.111 of Chapter 92 of the Texas Property Code (opens in a new tab).

Where tenants and landlords can find help

Several resources serve both sides of a Texas deposit dispute:

• TexasLawHelp (opens in a new tab), with its security-deposit explanation and demand-letter form.
• The Texas Justice Court Training Center (opens in a new tab), which publishes justice-court civil and landlord-tenant deskbooks.
• The Texas State Law Library's landlord-tenant guide (opens in a new tab).
• Legal aid organizations such as Texas RioGrande Legal Aid, Lone Star Legal Aid and Legal Aid of NorthWest Texas.
• The State Bar of Texas Lawyer Referral and Information Service (opens in a new tab), and certified local lawyer-referral services (opens in a new tab).
• The justice-court clerk for filing location, forms and current county fees.

The State Bar's referral service says its initial consultation may last up to 30 minutes for no more than $20, with any later fees set between the lawyer and the client. Our guide on how to find a lawyer describes other ways to locate and check an attorney.

Frequently asked questions about Texas security deposit returns

These answers add a few details that often come up next.

Does a tenant's deposit claim come ahead of the landlord's creditors?

Yes. Texas Property Code § 92.103(c) (opens in a new tab) gives the tenant's claim to the security deposit priority over the claims of the landlord's creditors, including a trustee in bankruptcy.

Is the former owner still responsible after the rental is sold?

The former owner stays liable until the new owner receives the deposit or assumes liability for it, unless a written contract provides otherwise, under Texas Property Code § 92.105(b-1) (opens in a new tab). A mortgage lienholder that acquires title through foreclosure is excluded from the new-owner rule by section 92.105(c).

Is there official information on security deposits in Spanish?

Yes. TexasLawHelp publishes a Spanish page titled Dinero de depósito de seguridad (opens in a new tab), which uses the terms "depósito de seguridad," "inquilino" and "propietario." The State Bar of Texas referral service (opens in a new tab) also identifies Spanish-language assistance.

Next step

If you would like to talk with a law firm about a Texas security deposit dispute, as a tenant or as a landlord, browse the landlord-tenant and housing law firms in our directory. The statutes and fee figures cited are current as of October 1, 2026.