Texas Security Deposit Return Deadline
- Penalty for missing it
- $100 + 3x + attorney's fees (bad-faith retention is PRESUMED if the landlord misses the deadline or the list — $100, 3x the portion wrongfully withheld, plus reasonable attorney's fees (§92.109))
- The law
- Tex. Prop. Code §92.103 (deadline); §92.109 (penalty)
The rule
30 days after the tenant surrenders the premises AND provides a forwarding address. The landlord's refund + written description of deductions must be mailed to the forwarding address (§92.103).
- Strongest tenant remedy in the country: bad faith is presumed on a missed deadline, and the penalty stacks ($100 + treble + fees).
- Forwarding-address trap: no forwarding address, no 30-day clock — always provide it in writing.
- No deposit cap under state law.
What happens if your landlord misses the deadline
In Texas, a missed deadline seriously weakens your landlord's position. Depending on the circumstances, they may forfeit the right to deduct anything at all, owe you the penalty above, or both. The exact consequence depends on Tex. Prop. Code §92.103 (deadline); §92.109 (penalty) and whether they provided the required itemized statement. Don't assume the money is gone — a missed deadline is often the strongest fact pattern for getting it back.
Your next steps in Texas
- Confirm the clock ran. Make sure you provided a forwarding address in writing — in Texas this step starts the clock, so it matters more than usual, and that the full deadline has passed.
- Send a demand letter citing Tex. Prop. Code §92.103 (deadline); §92.109 (penalty) and the $100 + 3x + attorney's fees penalty. Most landlords pay at this stage.
- If they ignore it, file in small claims. See our walkthrough for the process.
Texas deposit questions
How long does my Texas landlord have to return my deposit?
30 days after the tenant surrenders the premises AND provides a forwarding address. The landlord's refund + written description of deductions must be mailed to the forwarding address (§92.103).
What if my landlord never sends an itemized list of deductions?
In most states — including Texas — failing to provide the required itemized statement within the deadline forfeits the landlord's right to withhold anything. Check Tex. Prop. Code §92.103 (deadline); §92.109 (penalty) for the exact rule.
Can I get more than my deposit back in Texas?
Texas law allows $100 + 3x + attorney's fees for bad-faith retention is PRESUMED if the landlord misses the deadline or the list — $100, 3x the portion wrongfully withheld, plus reasonable attorney's fees (§92.109). See our penalties guide for how judges apply this.
Verified 2026-10-09 against statute text.