Texas Security Deposit Law: Deadlines, Deductions & Penalties

Texas has some of the clearest security deposit rules in the country — and some of the harshest penalties for landlords who ignore them. If you're a Texas tenant waiting on a deposit refund, knowing this law puts real power in your hands.

The 30-Day Deadline (Texas Property Code § 92.103)

Under Texas Property Code § 92.103, your landlord must return your security deposit — or send you a written itemized list of deductions — within 30 days of the date you surrender the premises.

"Surrender" means the later of your lease end date or the day you physically hand back the keys and move out. The 30-day clock starts ticking from that moment.

There's one catch: the deadline only kicks in once you give your landlord your written forwarding address. Without it, they have no legal obligation to send the deposit anywhere. So before you leave, always send your forwarding address in writing — a text or email works, but certified mail is better.

What Landlords Can and Can't Deduct

Texas law allows landlords to deduct from your deposit for:

• Unpaid rent or fees
• Damage you caused beyond normal wear and tear
• Lease violations that resulted in a financial loss to the landlord

What they cannot deduct for is normal wear and tear. Texas Property Code § 92.101 defines wear and tear as deterioration from the intended, ordinary use of the property — not from negligence, accidents, or abuse.

Here's what that looks like in practice:

Not deductible (normal wear and tear):

• Small nail holes from hanging pictures
• Scuff marks on walls from moving furniture
• Carpet worn flat in high-traffic areas
• Paint faded from sunlight
• Minor appliance scratches from everyday use

Deductible (actual damage):

• Large holes in walls or drywall
• Broken windows or fixtures
• Deep carpet stains or burns
• Damage from pets beyond what was disclosed

Most tenants don't realize how narrow the line is. If a landlord charges you to repaint every room after a two-year tenancy, that's almost certainly not legal. Paint fades — that's wear and tear.

The Itemized List Requirement

If a landlord keeps any part of your deposit, they must provide a written, itemized list of every deduction along with a description of each charge. This isn't optional — it's required under Texas Property Code § 92.104.

The list must arrive within the same 30-day window. A vague "cleaning and repairs" charge doesn't cut it. They need to specify: what was damaged, what it cost, and why you're being charged.

If they don't provide this list on time, they're presumed to have acted in bad faith under Texas law — and that presumption matters enormously in court.

Penalties for Violations (Texas Property Code § 92.109)

Here's what landlords count on: most tenants just accept whatever they're handed and move on. That's a mistake, because Texas makes violations expensive.

Under Texas Property Code § 92.109, a landlord who in bad faith retains your deposit is liable for:

• $100 flat penalty
• Three times the amount wrongfully withheld
• Your reasonable attorney's fees

On a $1,500 deposit, that's $1,600 minimum — just from the statutory penalty alone — plus attorney's fees.

The statute also says that failing to return the deposit or send the itemized list within 30 days creates a presumption of bad faith. You don't have to prove they meant to cheat you. The missed deadline does that work for you.

A landlord who fails to send the itemized list also forfeits the right to withhold any portion of the deposit and loses the ability to sue you for any damage claims.

How to Protect Yourself Before and After Moving Out

Before you leave

Document everything. Walk through the unit with your phone and record video of every room, including inside cabinets, appliances, and closets. Note any pre-existing damage in writing and email it to your landlord so there's a timestamp.

When you hand over the keys

Send your forwarding address in writing on the same day. Keep a copy. If possible, do a walk-through with your landlord and ask for a written confirmation of what (if anything) they plan to deduct.

After the 30 days pass

If you haven't received your deposit or an itemized list, your landlord is in violation. Start the clock from the day you moved out, not from when you feel like following up.

What to Do If Your Landlord Misses the Deadline

Your first move is a formal demand letter. A written demand citing Texas Property Code § 92.109 signals that you know the law and you're prepared to enforce it. Most landlords respond to a well-written demand letter — because they know that going to small claims court means they'll likely owe you triple.

You can get a free demand letter, customized for Texas, in about two minutes. It cites the exact statutes, sets a response deadline, and is formatted for certified mail delivery.

If the landlord still doesn't respond after the demand letter, Texas small claims court (officially called Justice Court) is the next step. Filing fees are typically $30–$75, you don't need a lawyer, and cases are usually decided in a single hearing.

For a full overview of the process from start to court, the Texas security deposit rules page walks through each step.

Quick Reference: Texas Security Deposit Law

• Return deadline: 30 days after you surrender the premises (Tex. Prop. Code § 92.103)
• Itemized list required: Yes, within the same 30 days (§ 92.104)
• Normal wear and tear: Not deductible (§ 92.101)
• Penalty for bad faith withholding: $100 + 3x wrongful amount + attorney's fees (§ 92.109)
• No forwarding address = no deadline: Landlord isn't required to return until you provide one
• No itemized list = forfeiture: Landlord loses right to withhold anything

The Bottom Line

Texas law gives tenants real teeth. The 30-day deadline is firm, the itemization requirement is strict, and the 3x penalty for bad faith keeps landlords honest — when tenants actually push back.

Don't let a missed deadline or a vague deduction list slide. If the 30 days have passed without your deposit or a proper itemized accounting, you have a strong case. Get your free demand letter, cite the statute, and let your landlord know you're not bluffing.