Texas 30-Day Security
Deposit Return Rule
Your landlord has exactly 30 days. Here's how the clock works, what happens when they miss it, and what you can do about it.
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The Rule — Plain English
Texas Property Code § 92.103 requires landlords to return a tenant's security deposit — or provide a written, itemized statement of deductions — within 30 days after the tenant surrenders the premises and provides a written forwarding address.
This is not optional. This is not negotiable. 30 days. Period.
How the 30-Day Clock Works
The clock starts when BOTH of these have happened:
You surrendered the premises
You moved out, removed all belongings, and the landlord has full access to the unit. The lease end date is NOT the surrender date — actual physical move-out is.
You provided a written forwarding address
You gave the landlord a written statement of where to send the refund (§ 92.107). A signed note, email, letter, or form with a complete mailing address.
Whichever happens LAST starts the 30-day countdown. If you moved out March 1 but didn't give a forwarding address until March 10, the deadline is April 9 — not March 31.
Timeline Examples
| Move-Out Date | Forwarding Address | Clock Starts | Deadline |
|---|---|---|---|
| March 1 | March 1 | March 1 | March 31 |
| March 1 | March 10 | March 10 | April 9 |
| March 5 | February 25 | March 5 | April 4 |
What the Landlord Must Do by Day 30
The landlord has two options — they must do one of these:
Option A: Return the Full Deposit
If no lawful deductions exist, send the full amount back to the tenant at the forwarding address provided.
Option B: Itemized Statement + Balance
If withholding any portion, send a written description of each deduction, an itemized list with dollar amounts, and the remaining balance.
The Postmark Rule (§ 92.103)
The landlord is presumed timely if the refund or accounting is placed in U.S. mail and postmarked on or before the 30th day. The postmark date counts, not the receipt date.
What Happens If the Landlord Misses the Deadline
This is where the law gets powerful for renters.
Presumption of Bad Faith (§ 92.109)
If the landlord fails to return the deposit or provide an itemized statement within 30 days, they are presumed to have acted in bad faith. The tenant does NOT have to prove bad faith — the burden shifts to the landlord.
Bad Faith Penalties
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Exceptions and Edge Cases
Is there ANY exception to the 30-day rule?
Almost none:
Forwarding Address Requirement (§ 92.107)
If you never provided a written forwarding address, the clock may not have started — but you do NOT forfeit the deposit. You can still demand it.
Unpaid Rent Exception (§ 92.104(d))
If the tenant owes undisputed rent at move-out, the landlord can withhold for that without itemizing. This does NOT extend the 30-day deadline for other deductions.
What does NOT extend the deadline:
The 30-day rule is absolute.
What To Do If Your Landlord Is Late
Document the Timeline
Record your move-out date, the date you provided a forwarding address, and the current date. Calculate whether 30 days have passed.
Run the Free Audit
Calculate your potential recovery — which rules were violated, what you may be owed, and what to do next.
Start Free AuditSend a Demand Letter
Send a professionally written demand letter citing § 92.103 and § 92.109. Most landlords settle at this stage.
Standard Recovery — $99File in JP Court
If the landlord doesn't respond within 30 days of your demand letter, file in Justice of the Peace Court.
Court-Ready Packet — $199Frequently Asked Questions
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Free Deposit Audit
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Standard Recovery
Professional demand letter citing § 92.103 and § 92.109. Ready to mail. Most landlords settle at this stage.
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Court-Ready Packet
Everything in Standard Recovery plus JP Court petition, evidence organizer, and hearing preparation guide.
Related Pages
Texas Security Deposit Law
Full statute reference
How Long to Return a Deposit?
AEO question page
Security Deposit Refund
Recovery hub
Bad Faith Penalties
§ 92.109 deep-dive
Itemized Deductions
Itemization rule
Demand Letter
Standard Recovery $99
Late Return Dispute
Dispute page
No Itemized Deductions
Dispute page
How to Dispute
Full workflow
Content Integrity
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Primary Statutes