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 after the tenant surrenders the premises. The rule is in Tex. Prop. Code § 92.103. The landlord must provide a written description and itemized list of any deductions within the same 30-day window.

How the 30-day clock starts in Texas

The 30-day period begins when the tenant surrenders the premises (moves out and returns keys) and provides a forwarding address in writing. If the tenant does not provide a forwarding address, the landlord's obligation is suspended until one is received. The landlord must refund the deposit (or the balance with an itemized statement) to the tenant's forwarding address.

What happens if a Texas landlord misses the deadline

A landlord who acts in bad faith by retaining a deposit is liable for an amount equal to the sum of $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney fees (Tex. Prop. Code § 92.109). The 3x penalty plus $100 plus attorney fees makes wrongful withholding in Texas particularly costly.

Texas-specific rules worth knowing

Texas has no statutory cap on the amount a landlord can charge as a security deposit, though the amount must be reasonable. Texas does not require landlords to pay interest on security deposits. The landlord may deduct for damages beyond normal wear and tear, unpaid rent, and other lease violations. Texas law presumes the landlord acted in bad faith if the deposit is not returned or an itemized accounting is not provided within 30 days (Tex. Prop. Code § 92.109(d)).

Worked example: returning a security deposit in Texas

Your tenant moves out of a $1,500/month apartment on June 1, returns keys, and provides a forwarding address. The security deposit was $1,500. During the walk-through, you document $300 in cleaning costs and $200 for wall damage.

In Texas, you have 30 days to return the deposit (or the balance with a written description and itemized list of deductions). Your deadline is July 1.

Deductions total $500. You owe the tenant $1,000, which you mail with an itemized list: cleaning ($300), wall repair ($200).

Miss the deadline and act in bad faith, and you face a 3x penalty on the amount wrongfully withheld, plus $100, plus the tenant's attorney fees.

What experienced landlords do differently

• Do the move-out walk-through with the tenant present and both parties signing the checklist. Deductions documented together are rarely disputed.
• Take timestamped photos at both move-in and move-out. Side-by-side photo evidence is the fastest way to resolve any deduction disagreement.
• When in doubt, return the full deposit. The legal cost of defending a $300 deduction (court fees, your time, potential penalties for wrongful withholding) almost always exceeds the deduction itself.

Related Texas compliance tools

Landlords in Texas deal with more than just deposit returns. These free calculators cover the other compliance deadlines you need to track:

• Texas Eviction Timeline Estimator: Estimate the full eviction process from notice to possession
• Texas Maximum Late Fee Calculator: Calculate the highest late fee your lease can enforce
• Texas Rent Increase Notice Calculator: Find the required notice period for your planned increase
• Texas Security Deposit Interest Calculator: Calculate the interest you owe on held deposits

See all property management tools for investment, financing, and operations calculators.

Frequently asked questions about Texas security deposits

What if I can't get repair estimates before the deadline?

Most states allow you to send a preliminary itemized statement of anticipated deductions within the deadline, then follow up with a final accounting once you have actual costs. The key is notifying the tenant in writing before the deadline expires. Silence past the deadline can forfeit your right to any deductions.

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

The landlord may be liable for $100 plus three times the amount wrongfully withheld, plus the tenant's reasonable attorney fees (Tex. Prop. Code § 92.109). Bad faith is presumed if the deposit isn't returned or itemized within 30 days.

Does Texas require interest on security deposits?

No. Texas does not require landlords to pay interest on security deposits.

Is there a maximum security deposit in Texas?

No statutory cap. Landlords can charge any amount, though it must be reasonable. Most landlords charge one to two months' rent.

Can a Texas landlord deduct for normal wear and tear?

No. Texas law (Tex. Prop. Code § 92.104) prohibits deductions for conditions resulting from normal wear and tear. Only damage beyond normal use is deductible. Examples of normal wear: minor scuffs, small nail holes, faded paint.