How Long Does a Landlord Have to Return a Security Deposit in Texas?

In Texas, a landlord must return your security deposit within 30 days of the date you surrender the property — but that 30-day clock only starts once you've given the landlord your forwarding address in writing (Texas Property Code § 92.103 and § 92.107). If you moved out but never provided a written forwarding address, the deadline hasn't technically started yet.

What the Law Actually Says:

Texas Property Code § 92.103(a) requires the landlord to refund a security deposit on or before the 30th day after the date the tenant surrenders the premises. Two conditions both have to be met before that clock starts: you've surrendered the property, and you've provided a written forwarding address. This is 30 calendar days, not business days, and the countdown begins when you actually vacate — not when your lease term ends.

One detail people miss: if your lease requires advance notice before you move out as a condition of getting your deposit back, that requirement only counts if it was underlined or printed in conspicuous bold in the lease (§ 92.103(b)). A landlord can't spring a buried notice clause on you after the fact.

The Forwarding Address Catch:

This is where most people get tripped up. Under § 92.107, the landlord isn't obligated to return your deposit or give you a written description of damages until you provide a written statement of your forwarding address. But here's the part that protects you: you do not forfeit your right to a refund merely for failing to give a forwarding address. If you didn't provide one in writing, the practical fix is to send a demand letter that includes your forwarding address — which starts the clock at that point.

What Landlords Can and Can't Deduct:

Before returning your deposit, a landlord may deduct for damages and charges you're actually liable for under the lease — but § 92.104(b) specifically prohibits them from keeping any portion for normal wear and tear. If any amount is withheld, § 92.104(c) requires them to give you a written, itemized list of every deduction.

In practice, the most common move is a quiet flat "cleaning fee," or a claim of "damage beyond normal wear and tear" with no photos or receipts to back it up. Texas law doesn't allow either of those as automatic deductions. A faded carpet, small nail holes, or worn paint after a normal tenancy are wear and tear — not damage — and a landlord who can't document an actual charge is exactly the situation the penalty statute was written for.

What If They Keep It in Bad Faith?

If the deposit or an itemized list of deductions isn't sent within 30 days, § 92.109(a) makes a landlord who acted in bad faith liable for three times the portion of the deposit wrongfully withheld, plus a $100 penalty and your reasonable attorney's fees.

Two things make this statute unusually tenant-friendly. First, § 92.109(d) presumes bad faith when the landlord misses the 30-day deadline — so the burden shifts to them. Second, § 92.109(c) puts the burden of proof on the landlord to show that any amount they kept was reasonable. In other words, once the deadline passes, it's not on you to prove they were wrong — it's on them to prove they were right. For amounts under $20,000, you can file in justice court, and these cases often don't require an attorney.

What to Do Next:

If your deadline has passed and you still haven't received your deposit or an itemized list, your next step is a formal written demand letter that cites these exact statutes and sets a firm deadline. A letter that names § 92.103, § 92.104, and § 92.109 signals that you know the law — which is often enough on its own, because most landlords would rather return a deposit than risk a court applying the treble-damages penalty. Recoup writes your Texas demand letter for you — citing the exact statutes above, calculating what you're owed, and setting a firm deadline. Ready in about five minutes.

Frequently Asked Questions:

Is it 30 business days or calendar days?
Calendar days. The landlord has 30 calendar days from the date you surrender the property.

Does the clock start when my lease ends or when I move out?
When you surrender the property and have provided a written forwarding address — not when the lease term technically ends.

What if I never gave a forwarding address?
The 30-day clock hasn't started yet. Provide it in writing — a demand letter that includes your forwarding address works — and the clock begins then.

Can I get back more than my deposit?
Yes. Under § 92.109, if the landlord acted in bad faith, you may be entitled to three times the wrongfully withheld amount, plus a $100 penalty and attorney's fees.

What counts as normal wear and tear?
Gradual deterioration from ordinary use — faded paint, minor carpet wear, small nail holes. Landlords can't deduct for these under § 92.104(b), only for actual damage beyond normal use.

Sources: Texas Property Code §§ 92.103, 92.104, 92.107, 92.109 (Texas State Law Library / Texas Public Law)

This is general information about Texas law, not legal advice. Recoup is a document preparation service, not a law firm.