Texas Security Deposit Return Deadline

Texas security deposit return deadline at a glance

Texas landlords have 30 days to return a tenant's security deposit, less any allowable deductions, after the tenant surrenders the premises and provides a forwarding address in writing. The rule is in Texas Property Code § 92.103, and it applies to nearly all residential rentals statewide.

How the 30-day clock starts in Texas

Two events have to happen before the clock starts. First, the tenant has to surrender possession of the unit (move out and return keys). Second, the tenant has to provide a forwarding address in writing. Texas case law gives some weight to the later of the two events for clock-start, but in practice, the safer move is to treat the move-out date as the start and work from there. Document both events in the file.

What happens if a Texas landlord misses the deadline

Texas is among the strictest in the country on this. Under § 92.109, a landlord who acts in bad faith by retaining a security deposit beyond the 30-day window is liable for $100 plus three times the portion of the deposit wrongfully withheld, plus the tenant's reasonable attorney fees. "Bad faith" is presumed if the landlord fails to return the deposit or fails to provide a written description and itemized list of deductions on or before the 30th day. The 3x multiplier applies to the wrongfully withheld portion, not necessarily the full deposit, but the burden shifts to the landlord to prove the deductions were lawful.

What must be included with the deposit return

Along with any refunded deposit, Texas landlords must provide a written description and itemized list of all deductions, signed and delivered within the same 30-day window. The itemization should clearly list each deduction, the amount, and a brief description tying it to a lease term or actual damage. Photos, invoices, and inspection notes should be retained in the file even when not sent to the tenant.

How to use this calculator

Pick your move-out date and forwarding-address date. The calculator returns the Texas statutory deadline, the days remaining, and the bad-faith penalty exposure on the deposit you entered. Use it to schedule the inspection, deduction documentation, and check delivery before the 30-day clock expires.

Texas-specific exceptions worth knowing

Texas Property Code § 92.019 governs late fees, not deposits, but landlords in larger residential properties should know that local ordinances in Austin, Dallas, and Houston layer additional tenant protections on top of the state statute. The 30-day deposit return rule is statewide and applies regardless of building size, but documentation expectations can be tighter in some local jurisdictions.

Frequently asked questions about Texas security deposits

How long does a landlord have to return a security deposit in Texas?

Thirty days from the date the tenant surrenders the premises and provides a forwarding address in writing, per Texas Property Code § 92.103. The deadline is the same regardless of unit type or building size.

What is the penalty if a Texas landlord misses the deadline?

Under § 92.109, a landlord who acts in bad faith can be ordered to pay $100, plus three times the portion of the deposit wrongfully withheld, plus the tenant's attorney fees. Bad faith is presumed if the landlord fails to refund the deposit or provide an itemization within the 30-day window.

Does a Texas landlord have to send an itemized list of deductions?

Yes. The landlord must provide a written description and itemized list of all deductions alongside the refunded portion of the deposit, within the same 30-day window. Failure to itemize forfeits the right to withhold any portion of the deposit.

Does the 30-day clock start on move-out or when the tenant provides a forwarding address?

Both events must occur. The conservative reading is that the clock starts on the later of the two. In practice, treat the move-out date as the start, document the forwarding-address receipt, and complete the return before either 30-day window closes.

Can a Texas landlord charge a nonrefundable cleaning or pet fee in addition to the deposit?

Yes, but only if the fee is clearly labeled as nonrefundable in the lease and the tenant agreed to it in writing. Nonrefundable fees do not count toward the security deposit and are not subject to the 30-day return rule, but they are still subject to disclosure and reasonableness standards.

What forwarding address counts in Texas?

Texas requires a forwarding address provided in writing. Texting an address, leaving a voicemail, or relying on a forwarding order with the post office is not sufficient. Keep a written record (email, signed move-out form, or letter) and treat the date that record was received as the start of the 30-day window.