Texas Bad Faith
Security Deposit Penalties
When a Texas landlord withholds your deposit in bad faith, the law doesn't just make them give it back. It makes them pay three times what they took, plus $100, plus your attorney's fees.
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§ 92.109 — Plain English
If a landlord retains a security deposit in bad faith, the tenant may recover:
Key insight: The 3× multiplier applies to the amount wrongfully withheld, not the total deposit. If the landlord legitimately kept $200 for damage but wrongfully kept $800 more, the 3× applies to the $800.
What Triggers Bad Faith
Texas law creates a presumption of bad faith in specific situations. The tenant doesn't have to prove the landlord acted with malice — the law presumes it.
Missed the 30-Day Deadline
§ 92.109(a)If the landlord fails to return the deposit or provide an itemized statement within 30 days of surrender + forwarding address, bad faith is presumed.
No Itemized Statement
§ 92.109(b)If the landlord withheld any portion but never sent a written, itemized list of deductions, they forfeit the right to withhold anything — and bad faith is presumed.
Deductions for Normal Wear and Tear
§ 92.104(b)Charging for normal wear and tear is explicitly prohibited. Doing so is bad faith withholding.
Fabricated or Inflated Charges
§ 92.109Charging for damage that didn't exist, inflating repair costs, or double-charging for the same item constitutes bad faith.
Presumption vs. Proof: When bad faith is presumed, the burden shifts to the landlord to prove they acted in good faith. The tenant doesn't have to prove anything — the landlord has to disprove it.
Bad Faith Recovery Calculator
Deductions you agree were valid (if any)
Plus reasonable attorney's fees if applicable. Actual amounts depend on court determination.
Example Scenarios
| Scenario | Withheld | Wrongful | Recovery |
|---|---|---|---|
| Full deposit kept, no itemized list | $1,500 | $1,500 | $6,100 |
| $800 kept for normal wear and tear | $800 | $800 | $3,300 |
| $2,000 kept, $500 was legitimate | $2,000 | $1,500 | $6,100 |
| Deposit returned 45 days late | $1,200 | $1,200 | $4,900 |
How Bad Faith Is Proven in Court
In most cases, you don't have to prove bad faith — the law presumes it. But here's how the process works:
Tenant's Burden (Light)
Landlord's Burden (Heavy)
This is why the presumption matters so much. Once the tenant shows the basics (moved out, gave address, 30+ days passed), the landlord has to prove they did everything right. Most can't.
What To Do If Your Landlord Acted in Bad Faith
Run the Free Audit
Calculate your potential recovery including the 3× multiplier and $100 penalty.
Start Free AuditGather Your Evidence
Move-out date, forwarding address proof, any correspondence, lease copy, and photos.
Evidence ChecklistSend a Demand Letter
Cite § 92.109 and the specific bad faith trigger. Most landlords settle when they see the 3× penalty math.
Standard Recovery — $99File in JP Court
If the landlord doesn't respond within 30 days, file in Justice of the Peace Court for up to $20,000.
Court-Ready Packet — $199Frequently Asked Questions
Your Landlord Acted in Bad Faith. Now What?
FREE
Free Deposit Audit
Calculate your potential recovery including the 3× multiplier. Takes 60 seconds.
$99
Standard Recovery
Professional demand letter citing § 92.109 with the full penalty calculation. Ready to mail.
$199
Court-Ready Packet
Everything in Standard Recovery plus JP Court petition, evidence organizer, and hearing prep.
Content Integrity
DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.
Primary Statutes