SECURITY DEPOSITS · TEXAS
Texas security deposit rules for landlords
In Texas, refund the deposit — with a written, itemized list of any deductions — on or before the 30th day after the tenant moves out. You can wait for a written forwarding address. You can't deduct for normal wear and tear. Missing the deadline is presumed bad faith, which can cost $100 plus three times what you withheld plus attorney's fees.
Texas gives landlords a clear set of deposit rules, and the penalties for ignoring them are sharp. Here's the whole picture, linked to the statute.
Source: Tex. Prop. Code § 92.103, § 92.104, § 92.107, § 92.109 · verified October 3, 2026
The deadline
30 days. Texas requires the landlord to refund the deposit on or before the 30th day after the tenant surrenders the property — the day they move out and give up possession.
Enter the move-out date in the security deposit return letter tool and it gives you the exact date and a countdown.
The forwarding-address rule
You don't have to send the refund or the list until the tenant gives you a written forwarding address. They don't lose their refund just by failing to give one.
In practice: ask for the forwarding address in writing at move-out (or have the lease require it), and note the date you receive it.
Itemize every deduction
If you keep any part of the deposit, send the balance with a written description and itemized list of every deduction. You can skip the list only if the tenant owes rent when they leave and there is no dispute about how much.
A good itemized list names each charge plainly — "Replace bedroom blinds (cord broken) — $64," not "Damages — $64" — and shows the deposit, total deductions, and refund. Keep the receipts and photos behind each line; in a dispute, the landlord has the burden of proving the deductions were reasonable.
Normal wear and tear
You can't deduct for normal wear and tear. Texas defines it as deterioration that results from the intended use of a home — not from negligence, carelessness, accident, or abuse by the tenant, their household, or guests. Think: faded paint, light scuffs, carpet worn along walking paths. See normal wear and tear vs. damage for a room-by-room list.
How to send it
The statute doesn't name a delivery method. Use one you can prove later, such as certified mail with a return receipt.
What happens if you get it wrong
Miss the 30 days and the law presumes bad faith. A landlord who keeps a deposit in bad faith can owe $100, plus three times the amount wrongly withheld, plus the tenant's attorney's fees.
That presumption is the key point: if the refund or list is late, the law starts from the assumption that you acted in bad faith, and it's up to you to prove otherwise.
Advance-notice clauses
Some leases require the tenant to give advance notice of moving out as a condition of getting the deposit back. Texas only enforces that kind of clause if it's underlined or printed in conspicuous bold in the lease.
A Texas move-out checklist
- Get the tenant's forwarding address in writing.
- Do a move-out walkthrough with photos, against your move-in record.
- Price each deduction with receipts or estimates.
- Count 30 days from move-out, and put the date in your calendar.
- Send the refund and itemized list well before the deadline, by a method you can prove.
- Keep copies of everything.
This guide covers Texas Property Code Chapter 92, Subchapter C, and was verified against the statute on October 3, 2026. It's general information, not legal advice.
Common questions
How long does a landlord have to return a security deposit in Texas?
On or before the 30th day after the tenant surrenders the property. The landlord isn't required to send it until the tenant provides a written forwarding address.
Can a Texas landlord keep the deposit for normal wear and tear?
No. Texas law prohibits keeping any part of a security deposit to cover normal wear and tear. Deductions must be for damage or charges the tenant is legally liable for under the lease.
What happens if a Texas landlord doesn't return the deposit on time?
A landlord who fails to return the deposit or provide the itemized list within 30 days is presumed to have acted in bad faith. Bad faith can mean liability for $100, three times the amount wrongfully withheld, and the tenant's attorney's fees.
General information, not legal or tax advice. Where we state a law, we link the statute and re-check it on a schedule; your city or county can add rules of its own.