When Must a Texas Landlord Return Your Security Deposit?
In Texas, the deadline is 30 days counted from the date you surrender the premises. The rule is Tex. Property Code §§ 92.101–92.109 (§ 92.103 sets the refund deadline). Here is the clock, the cap, what the landlord must send you, and what happens when they miss it.
The Texas rule in one table
| Question | Texas rule |
|---|---|
| Governing statute | Tex. Property Code §§ 92.101–92.109 (§ 92.103 sets the refund deadline) |
| Maximum deposit | No state cap — the statute sets no maximum deposit amount |
| Return / itemize deadline | 30 days counted from the date you surrender the premises |
| Itemized statement required? | Yes — if any part is kept, the landlord must return the balance together with a written description and itemized list of all deductions. |
| Penalty for missing the deadline | $100 plus 3× the portion wrongfully withheld, plus reasonable attorney's fees, for bad-faith retention. |
What makes Texas different
Texas has a trap most states don't: under § 92.107 the landlord's duty to refund or itemize does not start until you give a written statement of your forwarding address. Failing to give one does not forfeit your deposit — but it does pause the landlord's obligation, so send it in writing, keep a copy, and send it the week you move out.
The move-out process, step by step
- Your clock starts counted from the date you surrender the premises. Everything in Texas is counted from that date — note it, and keep proof of when you handed back possession (photos of the empty unit, a signed move-out form, or the key-return receipt).
- Give a forwarding address in writing. Some states make this a formal trigger for the landlord's duty; everywhere, the landlord can only mail the statement and any refund to an address they have. Email counts in most leases — written and kept beats verbal and lost.
- Count the deadline: 30 days. Mark the calendar date. The landlord's obligation is to send by that date in most states — delivery or mailing by the deadline is what the statutes measure.
- Read the statement against the statute. Yes — if any part is kept, the landlord must return the balance together with a written description and itemized list of all deductions. The one exception: no itemization is owed if you owe rent at surrender and there is no dispute about how much.
- If the deadline passes with nothing, the penalty rules switch on. $100 plus 3× the portion wrongfully withheld, plus reasonable attorney's fees, for bad-faith retention. Missing the 30-day deadline is presumed to be bad faith.
If your landlord missed the deadline
Justice court (small claims) in the precinct where the property sits. First, make sure you gave the landlord a written forwarding address — see the step most tenants miss below.
Before you file anything, run your dates through the Security Deposit Deadline Calculator — enter your state and move-out date and it returns the exact calendar deadline and the penalty rule that applies. Then compare your state with the other seven in the Security Deposit Return Deadlines by State directory.
Renting in a different state next? The rules change completely at the border: see Texas and Florida for the two most different systems in this set, or your own state's page from the directory.
If the deadline has passed, send a written demand first, then file in small claims if it fails: How to Write a Security Deposit Demand Letter and How to File a Small Claims Case for a Withheld Deposit in Texas.
Source
Every deadline, cap, and penalty on this page comes from the statute itself: Texas Property Code, Subchapter C (§§ 92.101–92.109). Facts verified 2026-10-23.
This page explains how the process works and what the official rules say. It is general information, not legal advice — for a dispute about your specific situation, talk to a lawyer or your state labor or consumer agency.
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