Texas security deposit deadline
In Texas, a landlord has 30 days after you move out to refund your deposit and list any deductions, but only once you have given a forwarding address in writing. The statute presumes bad faith when the landlord misses the 30 days.
| Deadline | Refund, and a written list of any deductions: 30 days, 30 days after you surrendered the unit; the landlord does not have to act until you give a written forwarding address, so we count from the later of the two. Prop. Code §§ 92.103(a), 92.104, 92.107(a) |
|---|---|
| If the landlord misses it | Texas's statute says a landlord who fails to return the deposit or provide a written description and itemization of deductions on or before the 30th day after the tenant surrenders possession “is presumed to have acted in bad faith.” Prop. Code § 92.109(d) A landlord who in bad faith does not provide the written description and itemized list of damages and charges forfeits the right to withhold any part of the deposit or to sue the tenant for damage to the premises, and is liable for the tenant's reasonable attorney's fees. Prop. Code § 92.109(b) |
| Penalty | A landlord who in bad faith does not refund all or part of a deposit is liable for $100, plus three times the part wrongfully withheld, plus the tenant's reasonable attorney's fees. In a suit, the landlord has the burden of proving that keeping the deposit was reasonable. Prop. Code § 92.109(a), (c) |
| Receipts | The statute calls for a written description and itemized list of all deductions. It does not require receipts. Prop. Code § 92.104 |
| Your steps | Give the landlord your forwarding address in writing. Until you do, the landlord does not have to refund the deposit or send the list of deductions. Not giving one does not, by itself, forfeit your right to the refund. Prop. Code § 92.107(a), (b) |
| Small claims | Justice court (small claims) limit: $20,000. Check with your court. |
- If you gave your forwarding address after you moved out, the statute does not say exactly when the 30 days start. We count 30 days from the later date, so we never call the deadline missed too early. The bad-faith presumption in § 92.109(d) is written from the day you surrendered possession.
- A lease can make advance notice of move-out a condition of the refund, but only if that requirement is underlined or in conspicuous bold print in the lease (Prop. Code § 92.103(b)).
- The landlord does not have to send the itemized list if you owed rent when you surrendered the unit and there is no dispute about how much rent you owed (Prop. Code § 92.104(c)).
Check your own dates
Sources
- Tex. Prop. Code ch. 92, subch. C (Texas Legislature)
- Tex. Prop. Code § 92.109 (texas.public.law)
- Tex. Gov't Code § 311.014 (Texas Legislature)
Checked against the statute text on Wednesday, November 4, 2026. General information, not legal advice.