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A Texas landlord has 30 days after the tenant surrenders the unit to refund the security deposit. If you keep any of it, you must include a written description and itemized list of every deduction, unless the only deduction is undisputed unpaid rent. You don't have to send anything until the tenant gives you a forwarding address in writing. Miss the 30 days and the law presumes bad faith. A bad-faith landlord owes $100, plus three times the amount wrongly withheld, plus the tenant's attorney's fees.
This guide walks through the return process in the order you'll do it. For the full rule set with statute links, see the Texas security deposit laws page.
The Texas rules at a glance
| Question | Texas rule | Source |
|---|---|---|
| Deadline | On or before the 30th day after the tenant surrenders the premises | Tex. Prop. Code § 92.103(a) |
| Forwarding address | You may wait until the tenant gives a written forwarding address; the tenant doesn't lose the deposit by not giving one | § 92.107 |
| Itemization | Written description and itemized list of all deductions, except undisputed unpaid rent | § 92.104(c) |
| Normal wear and tear | Can't be deducted | § 92.104(b) |
| Mailing | Presumed on time if postmarked by the deadline | § 92.1041 |
| Allowed if you and the tenant have previously communicated by e-mail (since Sept. 1, 2025) | § 92.113 | |
| Cap and interest | No statutory cap; no interest required | Tex. Prop. Code ch. 92, subch. C |
Step 1: Pin down the surrender date
The 30 days run from the date the tenant surrenders the premises, not from the lease end date. Record the day you get the keys back or confirm the unit is empty. If your lease requires advance notice of move-out as a condition of a refund, that clause works only if it is underlined or in conspicuous bold print (§ 92.103(b)).
Step 2: Get a written forwarding address
Ask for the forwarding address in writing at move-out. Until you have one, the obligation to refund and itemize is suspended (§ 92.107(a)). Legal aid groups read this as running the 30 days from the later of surrender or the date you get the address. The safe practice is to send the refund within 30 days of surrender once you have an address on file. Don't treat a missing address as a reason to keep the money; the tenant keeps the right to the refund (§ 92.107(b)).
Step 3: Inspect and list deductions
Walk through the unit as soon as the tenant is out, with dated photos and your move-in checklist next to you. You can deduct damages and charges the tenant is legally liable for under the lease or because they broke it, but not normal wear and tear (§ 92.104(a)–(b)). If a tenant disputes a deduction in court, you carry the burden of proving it was reasonable (§ 92.109(c)), so keep invoices and photos for each line.
See normal wear and tear examples for where the line usually falls, and can a landlord charge for cleaning for cleaning fees.
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Step 4: Send the refund and itemized list
A worked example, using hypothetical numbers:
| Item | Amount |
|---|---|
| Security deposit held | $1,800 |
| Unpaid rent for the last half-month | −$750 |
| Replace bedroom door with hole punched through (invoice attached) | −$285 |
| Remove furniture left in garage (invoice attached) | −$150 |
| Refund due | $615 |
Mail the check and the itemized list by the 30th day; the postmark is your proof (§ 92.1041). If you've used e-mail with this tenant before, you may send the accounting by e-mail too (§ 92.113). Our free security deposit return letter lays out the deductions, and the security deposit calculator checks the math.
If the deposit doesn't cover everything owed, you can pursue the balance separately, for example in justice court.
What happens if you miss the deadline
Texas penalties are steep (§ 92.109):
- Failing to refund or itemize by the 30th day is presumed to be bad faith.
- Bad-faith retention costs $100 plus three times the portion wrongly withheld, plus the tenant's attorney's fees.
- Failing in bad faith to give the itemized list means you forfeit the right to keep any of the deposit and the right to sue the tenant for damage to the premises, and you owe the tenant's attorney's fees.
Special situations
- Tenant withholds the last month's rent "against the deposit." That's not allowed. A tenant who does it is presumed to act in bad faith and owes three times the rent withheld plus your attorney's fees (§ 92.108).
- Tenant never moves in. If you or the tenant find a replacement you accept who moves in by the start date, you can't keep the deposit. If you found the replacement, you may deduct the lease's cancellation fee or your actual costs of re-renting (§ 92.1031).
- You sell the property. The buyer becomes liable for the deposits from the date it takes title and must give each tenant a signed statement of the exact deposit amount. You stay liable until the buyer receives or assumes the deposits (§ 92.105).
- No deposit was taken. Before you report a damage claim to a credit bureau or debt collector, send the tenant written notice of the claim, or you forfeit the right to collect it (§ 92.110).
Keep accurate records of every deposit (§ 92.106). For how Texas compares with other states, see how to return a security deposit. The Texas landlord-tenant law page covers late fees, entry and notice rules, and the Texas lease agreement page shows where to put the bold-print move-out notice clause.
Sources
Official sources cited above (checked 2026-10-30):
Frequently asked questions
Does a Texas landlord have to return the deposit without a forwarding address?
Not until the tenant gives one in writing (Tex. Prop. Code § 92.107). The tenant doesn't forfeit the deposit by not giving an address, so return it promptly once you have one.
What is the penalty for keeping a deposit in bad faith in Texas?
$100 plus three times the amount wrongfully withheld, plus the tenant's attorney's fees. Missing the 30-day deadline is presumed to be bad faith (Tex. Prop. Code § 92.109).
Returning a deposit?
Fill in a security deposit return letter with itemized deductions and the refund, then print it. Free, no account needed.
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