Getting The Deposit Back
Prop. Code 92.103 — the 30th day, a forwarding address, and bad faith
In Texas the landlord refunds a security deposit on or before the 30th day after the date the tenant surrenders the premises. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended mainly to secure performance under a lease of a dwelling.
The clock does not start the landlord's obligation until there is a written forwarding address. The landlord is not obligated to return the deposit, or to give a written description of damages and charges, until the tenant gives the landlord a written statement of the tenant's forwarding address for refunding the deposit. A tenant does not forfeit the refund, or the right to the description, merely by failing to give one.
Before returning a deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching it, but may not keep any part of it to cover normal wear and tear. A landlord who keeps all or part of it gives the tenant the balance, if any, together with a written description and itemized list of all deductions. The list is not required where the tenant owes rent on surrendering possession and there is no controversy about the amount owed.
Normal wear and tear is deterioration that results from the intended use of a dwelling. It does not include deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or chattels by the tenant, a member of the tenant's household, or a guest or invitee of the tenant.
| What happened | What the code says |
|---|---|
| What happenedNo refund and no written itemization on or before the 30th day after surrender | What the code saysThe landlord is presumed to have acted in bad faith |
| What happenedA deposit kept in bad faith | What the code saysLiability for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit |
| What happenedNo itemized list of deductions given, in bad faith | What the code saysThe landlord forfeits the right to withhold any of the deposit or to sue the tenant for damages to the premises, and is liable for the tenant's reasonable attorney's fees |
| What happenedA tenant suing over the deposit | What the code saysThe landlord has the burden of proving that keeping any portion was reasonable |
The last month's rent is not the deposit. A tenant may not withhold any part of the last month's rent on the ground that the deposit is security for unpaid rent. A tenant who does is presumed to have acted in bad faith, and a tenant who does so in bad faith is liable for three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover it.
A refund or accounting placed in the mail and postmarked on or before the date it is due is presumed to have been made on time. Notices under the deposit subchapter may go by e-mail where the tenant and the landlord have already communicated that way. A lease clause requiring advance notice of moving out as a condition of the refund is effective only if it is underlined or in conspicuous bold print, and the landlord's deposit duties and the tenant's remedies cannot be waived.
Sources for this section (10)
- Prop. Code 92.103 — Obligation to refund
- Prop. Code 92.109 — Liability of landlord
- Prop. Code 92.102 — Security deposit
- Prop. Code 92.107 — Tenant's forwarding address
- Prop. Code 92.104 — Retention of security deposit; accounting
- Prop. Code 92.001 — Definitions for residential tenancies, including normal wear and tear
- Prop. Code 92.108 — Liability for withholding last month's rent
- Prop. Code 92.1041 — Presumption of refund or accounting
- Prop. Code 92.113 — Notice by e-mail
- Prop. Code 92.006 — Duties and remedies that may not be waived
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.