Texas Property Code · § 92.103 · § 92.107 · § 92.109

How long does a landlord have to return a security deposit in Texas?

The 30-day rule, exceptions, and your rights if your landlord is late.

Quick Reference Card

Texas Property Code

30-Day Deadline

From surrender + forwarding address, whichever is LATER

Miss the Deadline

Presumed bad faith → 3× withheld + $100 + attorney fees

No Forwarding Address

Tenant does NOT forfeit rights — can still sue for full amount

Mail / Postmark

Postmark by Day 30 counts as timely — receipt date doesn't matter

1What Triggers the 30-Day Clock?

The 30-day countdown does not start automatically on move-out day. Two distinct events must both occur — and the clock starts from whichever one happens last.

1

Tenant Surrenders Premises

Tenant must actually vacate and relinquish possession. The lease end date does not start the clock — only physical surrender does.

2

Tenant Provides Written Forwarding Address

Landlord is not obligated to begin the 30-day count until the tenant provides a written statement of forwarding address for refund purposes (§ 92.107).

Whichever event occurs LAST starts the clock

If tenant surrenders on March 1 but provides a forwarding address on March 5, the 30 days run from March 5 — not March 1.

Not sure where you stand?

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2What Counts as "Surrender of Premises"?

Surrender means the tenant has vacated and given up possession. Courts interpret this strictly.

Does NOT mean surrender

  • ✗The lease term ended (even if on the same day)
  • ✗The tenant removed most belongings
  • ✗The tenant handed over keys

DOES mean surrender

  • ✓The tenant is no longer occupying the unit
  • ✓The unit is empty and landlord has full access
  • ✓Tenant has removed all personal property (or abandoned it)

Example

Tenant's lease ends on March 15. Tenant moves out on March 10. Surrender occurs on March 10 (when tenant vacates), not March 15 (when lease ends). If tenant provides forwarding address on March 10, landlord's 30-day deadline is April 9.

3What Counts as a "Written Forwarding Address"?

The requirement is explicit: a written statement. Verbal communication does not satisfy this requirement.

Acceptable forms

  • A signed note from tenant
  • An email (if tenant's email counts as 'written')
  • An official address change form
  • A letter stating the address

Must include

  • A complete mailing address (street, city, state, ZIP)
  • Intent that this is for refund purposes

Critical: No forwarding address ≠ forfeited rights

Under § 92.107, the landlord is not obligated to return the deposit or itemize until the address is provided. However, if the tenant does not provide an address, the tenant does not forfeit the right to the deposit or itemization. The tenant can still sue the landlord for the full amount even without having provided an address.

4What Must the Landlord Send by Day 30?

The landlord has two choices — and must choose one by the deadline.

Option 1: Full Refund

Return the entire deposit. If any portion is withheld, must include itemized list (see Option 2).

Option 2: Itemized Statement + Partial Refund

  • The balance of the deposit (if any)
  • A written description of each deduction
  • An itemized list of all charges with dollar amounts

Exception to itemization requirement (§ 92.104)

Landlord can omit itemization only if: (1) tenant owes rent when vacating, AND (2) there is no controversy about the amount owed. In this narrow case, landlord may withhold for unpaid rent without itemization.

5What If the Landlord Misses the Deadline?

Presumption of bad faith (§ 92.109)

If landlord does NOT return the deposit or itemize by day 30, landlord is presumed to have acted in bad faith. This is a legal presumption — not a conclusion. The burden shifts to the landlord to prove they acted in good faith.

Bad faith triggers

$100

Flat statutory minimum

3×

Amount wrongfully withheld

+fees

Tenant's attorney fees

Example

Landlord retains $1,200 on day 35 (5 days late) without itemization. Tenant can sue. Presumption is bad faith. Landlord owes: $100 + (3 × $1,200) + attorney fees = $3,700+.

Need a professional demand letter?

Standard Recovery ($99) includes a Texas-specific demand letter citing § 92.103 and § 92.109 — ready to mail.

6Is Mail / Postmark Accepted?

YES — postmark date is what matters, not receipt date

Under § 92.103: "A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date."

Mailed on day 29, received on day 32 → TIMELY

Postmark date controls — not the date tenant opens the envelope

Must be USPS mail — email does not count unless tenant agreed

7What If Landlord Fails to Itemize?

Failure to itemize is treated separately from missing the deadline — and the consequences are equally severe.

Bad faith failure to itemize (§ 92.109(b)) triggers

  • → Forfeiture of right to withhold any portion of the deposit
  • → Forfeiture of right to sue tenant for damages to the premises
  • → Tenant's reasonable attorney's fees

Example

Landlord retains $500 by day 30 but does NOT provide itemization. Tenant can sue. Tenant can recover: the full $500 + attorney fees. Landlord loses the right to withhold anything and cannot counter-sue for property damage.

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Court-Ready Packet ($199) includes everything you need to file and win — petition, evidence organizer, and hearing prep.

8Can the Tenant Be Held Responsible for Delays?

Generally no, unless the tenant deliberately withheld a forwarding address — which is rare and difficult for a landlord to prove.

The law assumes landlords know where to send money

If a landlord has a legitimate mailing address from the lease, they can send to that address even if tenant claims to have moved. Lack of forwarding address does not relieve the landlord of the 30-day obligation indefinitely. Even if the tenant withheld an address, the landlord must return the deposit when the address is finally provided.

9Are There Any Other Exceptions or Extensions?

No. The 30-day rule is absolute.

The only exception is the forwarding address requirement. No other circumstances extend the deadline.
✗

Lease disputes do NOT extend the deadline

✗

Damage disputes do NOT extend the deadline

✗

Repair / remediation time does NOT extend the deadline

✗

Landlord's inability to reconcile accounting does NOT extend the deadline

Landlord must itemize within 30 days regardless of whether disputes are pending.

10What Should a Tenant Do If a Landlord Misses the Deadline?

1

Document the timeline

Note the move-out date, when forwarding address was provided (if at all), and the deadline date. Write it down with dates.

2

Run the Free Audit

Use the free full audit tool to document your claim and see which rules were violated.

3

Send a demand letter

Send a written demand for return of the deposit or itemization, citing § 92.103. Specify the amount and give 10–30 days to respond.

4

Consider Standard Recovery ($99)

Includes a professionally written demand letter citing § 92.103 and § 92.109 — ready to mail via certified mail.

5

File in JP Court if no response

Bad faith liability covers attorney fees (§ 92.109), making it financially viable to sue even for smaller deposits. The Court-Ready Packet ($199) includes everything you need.

Pro tip

A landlord's failure to meet the 30-day deadline with a written response is presumed bad faith. This dramatically increases the tenant's likelihood of recovery and reduces the burden of proof.

Related Resources

Texas Security Deposit Law — Full Reference

§ 92.101–§ 92.109 explained

Normal Wear and Tear Guide

What landlords can and cannot charge

How to Dispute a Security Deposit

6-step action guide

Carpet Cleaning Charges

Depreciation rules and dispute guide

Travis County — JP Court Guide

Where to file in Austin

Harris County — JP Court Guide

Where to file in Houston

Ready to act? Start with the free audit.

Know your rights. Know your deadline. Know what you're owed.

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Deposit Audit

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Standard Recovery

Demand letter citing § 92.103 and § 92.109. Professional, formatted, ready to mail.

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$199

Court-Ready Packet

JP Court petition, evidence organizer, hearing prep. Everything you need to file and win.

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DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.

Last reviewed: April 2026

Primary Statutes

§ 92.103§ 92.104
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All legal information on this page is based on Texas Property Code Chapter 92, Subchapter C. View full statute text →

Source: DepositRights.com · Not legal advice · Consult an attorney for your specific situation.