Texas Security Deposit Rules: Return Deadline, Penalties and What You Can Claim

Texas requires landlords to return the security deposit within 30 days. This page lists the deadline, the statutory penalty multiplier, the deductions a landlord may lawfully make, and the official statute text — every figure below links to the primary source.

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Free. No account, no upload. Figures shown with statute citations.

Return deadline

30 days

Measured from vacating the premises and providing a written forwarding address.

Forwarding address provided (clock has started)

Tex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107(a) ↗
30 days

Measured from no forwarding address yet — the return clock has not started.

Forwarding address not provided (no forfeiture — clock simply has not started)

Tex. Prop. Code § 92.107(b) ↗

Penalty multiplier

The figures below are what a statute authorises. Whether you can actually collect them depends on the facts — a multiplier that requires a court finding is not automatic.

Deposit cap and lawful deductions

Cap: Texas has no cap.

Landlord may deduct for

  • Damage the tenant is legally liable for
  • Unpaid rent
  • Other charges specified in the lease

Landlord may not deduct for

  • Normal wear and tear (expressly prohibited by § 92.104)
  • Last month’s rent (§ 92.108 forbids using the deposit to cover monthly rent)
  • Advance-notice requirements that are not underlined or in bold

Burden of proof

When the landlord provides no written itemization, Texas law gives tenants a strong position: the landlord forfeits the right to withhold any part of the deposit, and forfeits the right to sue you for property damage.

Tex. Prop. Code § 92.109(b) ↗

Tools other states do not offer

§ 92.109(b) double forfeiture

When a landlord acts in bad faith and provides neither a written itemization nor a list of deductions, they simultaneously forfeit: ① the right to withhold any part of the deposit, and ② the right to sue the tenant for property damage — and owe the tenant’s attorney fees. This is the harshest missing-itemization penalty among these five states.

Tex. Prop. Code § 92.109(b) ↗

Forwarding address = the clock switch

Not providing a written forwarding address does not forfeit your refund, but the 30-day return clock does not start. Providing it is the single easiest step — a note or a certified letter starts the clock.

Tex. Prop. Code § 92.107(b) ↗

What if the landlord refuses?

““You did not give 30 days’ notice, so I’m keeping $500.””

§ 92.103(b) provides that an advance-notice clause binds tenants only when printed underlined or in bold. If the lease contains no such marking, the landlord cannot deduct on that basis. Produce the original lease clause so the marking can be verified.

Tex. Prop. Code § 92.103(b)

““You owed rent at move-out and it was undisputed, so I deducted directly.””

The statute does allow deduction without itemization in that situation. But the amount deducted cannot exceed the actual rent owed and cannot include other items. Provide the precise rent owed and how it was calculated, along with any other deductions taken without itemization.

Tex. Prop. Code § 92.104(c)

““This is normal wear and tear, the deduction was reasonable.””

§ 92.104 expressly prohibits normal wear and tear as a basis for deduction. And if the landlord provided no written itemization, that is bad faith — forfeiting all deduction rights and exposing them to $100 + 3x + attorney fees.

Tex. Prop. Code § 92.104(a)(4), 92.109

Small claims court

Venue
County Court / Justice of the Peace Court (by amount and county)
Cap
Under the Texas court system, smaller claims are typically handled by a JP court
Attorney required
No

Texas small-claims procedure is inexpensive, and § 92.109 expressly allows attorney fees to be awarded.

Where sources disagree

Public sources conflict on the points below. We state the disagreement rather than hiding it.

When the 30-day clock starts

“Starts when you move out” — Some generic checklists

“Requires a written forwarding address as well” — Statute text Tex. Prop. Code § 92.107

This tool uses Vacate the premises + provide a written forwarding address (late provision does not forfeit rights). The statute expressly conditions this on providing a forwarding address. But § 92.107(b) also provides that failing to provide one does not forfeit the refund right — so we present it as “the clock has not started” rather than “you have lost your rights.”

Common questions

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

30 days, counted from vacating the premises and providing a written forwarding address. Tex. Prop. Code § 92.103(a), Tex. Prop. Code § 92.107(a).

Can I get more than my deposit back in Texas?

3x the amount wrongfully withheld, automatically, without needing a court ruling. Tex. Prop. Code § 92.109(a), (c), (d).

Do I need a lawyer to file in Texas small claims court?

No — Texas small-claims procedure is inexpensive, and § 92.109 expressly allows attorney fees to be awarded.

What can a landlord not deduct from my Texas deposit?

The statute does not permit deductions for: normal wear and tear (expressly prohibited by § 92.104); last month’s rent (§ 92.108 forbids using the deposit to cover monthly rent); advance-notice requirements that are not underlined or in bold.