Texas Property Code Chapter 92, Subchapter C is the complete legal framework governing security deposits in every Texas residential lease. This page explains every statute — in plain English — so you know exactly where you stand.
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The Bottom Line
Your landlord must refund your deposit — or send an itemized list of deductions — within 30 days of surrender. Missing this deadline creates a presumption of bad faith under § 92.109.
Clock starts at surrender
Not when the lease ends — when you actually vacate and return keys.
Landlords cannot charge for normal deterioration from ordinary use — faded paint, minor scuffs, carpet worn from foot traffic, or routine cleaning between tenants.
Itemization required
Every deduction must be described in writing with a dollar amount.
If a court finds bad faith, you can recover $100 + 3× the wrongfully withheld amount plus reasonable attorney's fees. The burden of proof is on the landlord.
Example
$800 wrongfully withheld → $100 + $2,400 = $2,500+ potential recovery.
See how these rules apply to your specific situation.
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Texas Property Code
Every statute in Subchapter C explained in plain English, with the key quotes and practical implications for Texas renters.
Subchapter C applies to all residential leases in Texas. There are no exceptions based on lease length, property type, or landlord size. Whether you rent from an individual, a property management company, or a large apartment complex — this law covers you.
Plain English: If you rent a home, apartment, condo, or room in Texas under a residential lease, these protections apply to you.
"A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling."
The definition matters because it determines what money is subject to the 30-day return rule and the bad-faith penalty. Three common payments are explicitly excluded from the security deposit definition:
Refundable sum given with a rental application. Refunded if applicant is rejected. Not governed by § 92.103.
Nonrefundable fee to offset screening costs (credit check, background check). Not a security deposit.
Payment for future rent (e.g., first and last month). Not a security deposit — different rules apply.
Watch for misclassification: Some landlords label security deposits as "pet fees," "cleaning fees," or "move-in fees" to avoid the 30-day rule. If money was paid primarily to secure performance under the lease, it is likely a security deposit regardless of what it's called.
"The landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises."
This is the most important statute in Subchapter C. The landlord has exactly 30 days from surrender to either return the deposit in full or send an itemized list of deductions with any remaining balance. Missing this deadline creates a presumption of bad faith.
When does the clock start?
At surrender — when you actually vacate the premises and return possession to the landlord. Not when the lease ends. Not when you give notice. When you physically leave and return keys.
What counts as "on time"?
If the refund or itemization is mailed and postmarkedby day 30, it meets the requirement. The landlord does not need to ensure you receive it by day 30 — only that it's postmarked.
Forwarding address exception
If you do not provide a written forwarding address (§ 92.107), the 30-day clock does not start until the landlord receives it. However, failing to provide an address does not forfeit your right to the refund.
What if they miss the deadline?
Missing the 30-day deadline creates a presumption of bad faith under § 92.109. The landlord bears the burden to prove the retention was reasonable.
§ 92.104 defines what landlords may lawfully deduct from a security deposit and imposes strict documentation requirements. This is the statute most commonly violated in Texas deposit disputes.
Allowed Deductions
Prohibited Deductions
Documentation Requirement
If the landlord retains any portion of the deposit, they must provide all three of the following within 30 days:
Exception to Documentation
A landlord may omit the itemization only if (1) the tenant owes rent when surrendering the premises, and (2) there is no controversy about the amount owed. Both conditions must be met.
Did your landlord deduct for normal wear and tear?
The free audit identifies prohibited deductions and estimates your recovery.
If the property is sold, assigned, transferred, or the owner dies or goes bankrupt, the new owner becomes liable for returning your security deposit from the date they acquire title. Your deposit does not disappear because the property changed hands.
Triggers for transfer of liability
Priority of your claim
Your claim to the deposit takes priority over all creditor claims against the new owner. Even in bankruptcy, your deposit is protected.
Practical tip: If your property was sold while you were a tenant, demand your deposit from the new owner. They are legally obligated to return it under the same 30-day rules.
§ 92.107 addresses the tenant's obligation to provide a forwarding address after move-out. This statute is frequently misunderstood — and sometimes misrepresented by landlords.
What the statute actually says
Common landlord misrepresentation
Some landlords claim: "You didn't give us your new address, so you forfeited your deposit." This is false.
The forwarding address only affects when the 30-day clock starts — not whether you have a right to the deposit. You always retain the right to sue for recovery.
§ 92.108 addresses a specific tenant behavior: withholding the last month's rent by claiming the security deposit covers it. Texas law explicitly prohibits this.
The Rule
A tenant may not withhold payment of any month's rent on the basis that the security deposit is security for unpaid rent. Doing so creates tenant liability for:
Practical note: Always pay your last month's rent in full. The security deposit and rent are separate obligations. Withholding rent can expose you to significant liability and undermine your deposit claim.
§ 92.109 is the enforcement mechanism of Subchapter C. It creates real financial consequences for landlords who wrongfully withhold deposits or fail to itemize deductions — and places the burden of proof on the landlord.
Presumption of Bad Faith
Two acts create an automatic presumption of bad faith — the landlord must then prove their retention was reasonable:
Failure to refund by day 30
Not returning the deposit (or itemized deductions) within 30 days of surrender = presumed bad faith.
Failure to itemize by day 30
Not providing an itemized list of deductions within 30 days = presumed bad faith.
Penalties for Bad Faith
| Violation | Penalty |
|---|---|
| Bad faith retention of deposit | $100 + 3× the wrongfully withheld amount + reasonable attorney's fees |
| Bad faith failure to itemize | Forfeiture of right to withhold any portion + forfeiture of right to sue tenant for damages + attorney's fees |
Worked Example
$800
Deposit withheld
$100
Minimum penalty
$2,400
3× withheld amount
$2,500+
Total (before fees)
Plus reasonable attorney's fees if the tenant retains counsel. The attorney's fees provision makes it economically viable for attorneys to take deposit cases on contingency.
Burden of Proof
The landlord bears the burden to prove that the retention was reasonable. This is significant: in most civil disputes, the plaintiff (you) bears the burden. Here, once bad faith is presumed, the landlord must prove their deductions were justified.
Your landlord may owe you more than just your deposit.
The free audit calculates your potential bad-faith recovery under § 92.109.
How the Law Applies
See how Chapter 92 applies to the most frequent dispute types. Each page includes a detailed legal analysis and the specific statutes that govern your situation.
Most carpet cleaning charges violate § 92.104. Landlords must account for depreciation (IRS 5-year standard) and cannot charge for normal wear from foot traffic.
Missing the 30-day deadline creates a presumption of bad faith. The landlord must prove retention was reasonable or face 3× penalties.
Failure to provide an itemized list within 30 days may forfeit the landlord's right to withhold anything — regardless of actual damage.
Repainting between tenants is routine maintenance — not a chargeable deduction. Only paint damage clearly beyond normal use may be charged.
Next Steps
Understanding your rights is step one. DepositRights gives you the tools to act on them — from a free audit to a court-ready packet.
Answer 8 questions about your situation. Get a plain-English analysis of whether your landlord violated Texas law and an estimate of what you may be owed.
A professional demand letter citing the specific Texas statutes that apply to your case — ready to send to your landlord. Most landlords settle after receiving a properly cited demand letter.
Everything you need to file in Justice of the Peace Court — the demand letter, completed petition forms, filing instructions, and a step-by-step court guide for your specific Texas county.
Ready to file? Find your county's JP Court process:
Content Integrity
DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.
Primary Statutes
This page provides legal information and self-help guidance, not legal advice. All statutes cited are from Texas Property Code Chapter 92, Subchapter C (current as of 2026), verified against Texas Legislature Online (capitol.texas.gov) and the Texas State Law Library. Every situation is different. If your case is complex or involves a large amount, consider consulting a licensed Texas attorney.