How Long Does My Texas Landlord Have to Return My Security Deposit?
The 30-day rule
Under Tex. Prop. Code §92.103, a Texas landlord must refund your security deposit within 30 days after you surrender the premises and give them a forwarding address in writing. Within that same 30 days, the landlord must also send you a written, itemized list of any deductions.
That's the whole rule. There's no "we need a few extra weeks to assess the unit." There's no "we'll get to it after the next tenant moves in." 30 days from the day you give them a forwarding address, in writing.
What "forwarding address in writing" actually means
The 30-day clock doesn't start until you give the landlord a forwarding address. Tex. Prop. Code §92.107 is explicit: the landlord has no duty to return the deposit or send the itemized list until you've provided one.
This is the single most common reason renters lose deposit claims they should win. They moved out, expected the deposit to follow them, and never sent the address.
Don't make this mistake.
What the landlord can deduct
Tex. Prop. Code §92.104 lets a landlord deduct for:
- Damage to the unit beyond normal wear and tear.
- Unpaid rent.
- Other amounts the lease or law specifically allows.
If they deduct anything, they have to give you a written itemized list — what was deducted, how much, and for what. A line saying "cleaning and repairs — $750" with no breakdown is not an itemized list.
"Normal wear and tear" is defined in §92.001(4) as deterioration that results from the intended use of the premises. Carpet that's faded from sunlight, paint that's scuffed where furniture sat, a sticky kitchen drawer that finally wore out — all wear and tear. A hole in the wall from a slammed door, a stained countertop from a chemistry experiment, missing blinds — those are damage.
The penalty for missing the deadline
This is where Texas tenant law has real teeth.
Tex. Prop. Code §92.109 says that a landlord who retains your deposit in bad faith is liable for:
- $100, plus
- Three times the portion of the deposit wrongfully withheld, plus
- Reasonable attorney's fees.
And bad faith is presumed — the burden flips to the landlord to prove they acted in good faith — if they fail to either return the deposit or send the itemized list within 30 days.
So if your landlord blows past day 30 with nothing in your mailbox, the statute starts working against them automatically.
Red flag clause language
When you read your lease, watch for any clause that tries to give the landlord more than 30 days. This is the most common one we see:
"Landlord shall return Tenant's security deposit, less any deductions, within sixty (60) days following Tenant's vacating of the Premises and surrender of all keys."
Sixty days is not legal in Texas. The 30-day deadline in §92.103 is a statutory minimum protection for tenants — a lease can't contract around it. If you signed a lease with this clause, the clause is unenforceable; the 30-day rule still applies.
Other variants to watch for: "within a reasonable time," "within ninety days," or "after the unit has been inspected and re-let." All of these try to push the deadline beyond what the statute allows.
What to do if your landlord misses the deadline
Send a written demand. Reference §92.103 (the 30-day rule), §92.104 (the itemized-list requirement), and §92.109 (the penalties). Demand the return of the deposit plus the statutory penalties. Give the landlord a short window — 10 to 14 days — to comply. Send it certified mail with return receipt.
File in Justice of the Peace court. This is Texas small claims court. It handles disputes up to $20,000. The filing fee is typically $50–$80. You don't need a lawyer.
Sue for the full §92.109 amount. Wrongfully withheld portion + $100 + three times the wrongfully withheld portion + your attorney's fees. The treble-damages provision is the lever. Most landlords settle the moment a properly-cited demand letter arrives.
A common landlord move is to claim they "always intended" to send the itemization. The bad-faith presumption in §92.109(d) is built specifically to defeat that argument. Don't let a vague intention stand in for a written list delivered within 30 days.
The bigger picture
Texas tenant law is, on balance, less protective than California or New York. But the security-deposit rules are an outlier — the treble-damages provision is one of the most tenant-friendly remedies in the state. Use it.
Frequently asked questions
What if I didn't give my landlord a forwarding address?
The 30-day clock doesn't start until you give your landlord a forwarding address in writing — that's Tex. Prop. Code §92.107. Without it, the landlord isn't legally required to send the refund or even the itemized list. Send the address by certified mail or another method that gives you proof of delivery, and keep the receipt.
Can my landlord keep the whole deposit for one stain on the carpet?
Almost never. Texas law (§92.104) lets landlords deduct for damage beyond normal wear and tear and for unpaid rent, but they must give you an itemized list. A single stain on a carpet that's seen normal use is closer to wear and tear than damage. If the landlord deducts a disproportionate amount, that's the kind of thing courts have unwound — and where the §92.109 penalty (treble damages plus $100) can come into play if the retention was in bad faith.
Does the 30 days include weekends and holidays?
Yes. The statute says 30 days, not 30 business days. If day 30 falls on a Sunday or a federal holiday, the deadline is still day 30.
What if my landlord sent the check but I never got it?
Generally, mailing the refund within 30 days is sufficient if the landlord used the address you provided. If the check was lost in the mail, you can usually request a reissue. If the landlord claims they mailed it but has no proof and never sent the itemized list either, the bad-faith presumption in §92.109 may apply.
Does an email of the itemized list count, or does it have to be mailed?
The statute requires a written description and itemization, but doesn't specifically require paper mail. In practice, Texas courts have generally accepted emailed itemizations where both parties communicated by email throughout the tenancy. If your lease specifies a delivery method (mail to a specific address), follow that. Either way, save the email.
How do I sue my landlord for the deposit?
Texas Justice of the Peace courts (small claims) handle disputes up to $20,000. You can file without a lawyer. If you win and the court finds bad faith, you're entitled to the wrongfully withheld amount plus $100 plus three times that amount plus reasonable attorney's fees under §92.109 — meaning even if you withdraw your filing because the landlord pays up, your filing fee plus a demand letter often resolves it quickly.
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This guide is general information, not legal advice. Tenant law varies by jurisdiction and changes over time. For high-stakes situations — disputes, evictions, illegal lockouts — talk to a licensed tenant attorney where you live. Published May 27, 2026.