Texas security deposit return: the 30-day rule and the $100 + 3× penalty.
Texas gives your landlord 30 days after you surrender the unit and deliver a forwarding address to refund your deposit or send a written itemization. Bad-faith retention triggers $100 in statutory damages, three times the wrongfully withheld portion, and reasonable attorney's fees. This page is a complete, statute-cited walkthrough of TPC chapter 92 and how Rightful uses it.
The 30-day deadline (TPC § 92.103)
Texas Property Code section 92.103 requires the landlord to refund the security deposit within 30 days after the tenant surrenders the premises and gives the landlord a written forwarding address. Both conditions matter. If you surrender without giving an address, the 30-day clock does not start. If you give an address before you surrender, the clock starts on surrender. Best practice is to give the forwarding address in writing on the same day you return the keys, time-stamped and saved.
The bad-faith penalty (TPC § 92.109)
Texas has one of the most tenant-favorable bad-faith statutes in the country. Under TPC 92.109(a), a landlord who in bad faith retains a security deposit is liable for the deposit, $100 in statutory damages, three times the portion wrongfully withheld, and reasonable attorney's fees.
The key move is the presumption in 92.109(d): a landlord who fails to either refund the deposit or provide an itemized list of deductions within 30 days is presumed to have acted in bad faith. The burden shifts to the landlord. This presumption is the single most powerful piece of leverage a Texas tenant has, and it is the heart of every Rightful Texas demand letter.
What your landlord can lawfully deduct
TPC 92.104(a) allows deductions for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. In practice that means:
- — Unpaid rent owed at move-out.
- — Reasonable cost of repairing damage caused by the tenant beyond normal wear and tear.
- — Unpaid utility charges the lease made the tenant's responsibility.
- — Lease-specified charges (e.g., re-letting fees, but only when they meet TPC 92.019's requirements).
The bar is TPC 92.104(b): "the landlord may not retain any portion of a security deposit to cover normal wear and tear." Combined with 92.001(4)'s definition of wear and tear, this rule eliminates a large fraction of common deductions.
Texas wear and tear: the statutory definition
TPC 92.001(4) defines normal wear and tear as deterioration resulting from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition, but expressly excludes deterioration resulting from negligence, carelessness, accident, or abuse. That definition is doing real work. Faded paint after a 3-year tenancy is wear. A hole kicked in the wall is not. Worn carpet in walked-on paths is wear. A burn from a hot pan is not. The line cases land closer to wear than damage more often than not.
The repair-vs-replace doctrine
Texas courts apply the restoration principle: damages owed are limited to the reasonable cost to return the item to its pre-damage condition, applying useful-life depreciation where relevant. A six-year-old carpet with a five-year useful life is fully depreciated and worth replacement value of essentially zero, regardless of what the landlord paid for it new. A demand letter that points out the depreciated value of a "damaged" item often collapses the deduction entirely.
How Rightful builds your Texas demand letter
Upload the lease, the move-out itemization (or proof none was sent within 30 days), and any photos. We check the 30-day window, apply the 92.109(d) bad-faith presumption where it applies, test each line item against 92.104, apply useful-life depreciation to depreciable items, and return a demand email that quotes TPC chapter 92 verbatim with a specific dollar counter-offer per disputed charge. Four minutes. Free to draft. $49 to send.
Texas security deposit FAQ
How long does my Texas landlord have to return my security deposit?
Texas Property Code section 92.103 gives the landlord 30 days after the tenant surrenders the premises and provides a forwarding address in writing to refund the deposit. The 30-day clock starts only after both events: surrender of possession AND written delivery of the forwarding address. If you don't give a forwarding address, you weaken your statutory remedies.
What is the Texas bad-faith penalty?
Texas Property Code 92.109 is one of the most tenant-favorable bad-faith statutes in the country. A landlord who retains all or part of a deposit in bad faith is liable for $100 in statutory damages, three times the wrongfully withheld portion, plus reasonable attorney's fees. On a $1,500 wrongful withholding, that's $100 + $4,500 = $4,600, plus fees.
When is retention considered 'bad faith' in Texas?
Texas Property Code 92.109(d) creates a presumption of bad faith if the landlord fails to either return the deposit or provide a written itemization within 30 days. Once that presumption attaches, the burden shifts to the landlord to prove their conduct was in good faith. This is why missing the 30-day deadline is so damaging to the landlord's position.
What can a Texas landlord legally deduct from my security deposit?
Under TPC 92.104, the landlord can deduct for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. That includes unpaid rent, damage beyond normal wear and tear, and unpaid utility charges the tenant was responsible for. The landlord cannot deduct for normal wear and tear (TPC 92.104(b)).
What is 'normal wear and tear' under Texas law?
TPC 92.001(4) defines normal wear and tear as deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition. It expressly excludes deterioration that results from negligence, carelessness, accident, or abuse by the tenant. Faded paint, light carpet wear, minor scuffs, and aged appliance finishes are all wear and tear.
Does my Texas landlord have to send an itemized statement?
Yes. TPC 92.104(c) requires the landlord to send a written description and itemized list of all deductions along with any remaining balance within 30 days. If no deductions are claimed, the landlord must still return the full deposit within 30 days — the itemized list requirement only applies when deductions are made.
Can my Texas landlord charge for cleaning?
Only if the lease specifically requires the tenant to return the unit clean and the unit was returned dirty beyond normal post-tenancy condition. A 'mandatory cleaning fee' that is automatic regardless of the unit's condition is typically not enforceable under Texas law. The fee must reflect actual cleaning costs caused by the tenant's failure, not a flat administrative charge.
Can I sue my Texas landlord in justice court?
Yes. Texas justice (small claims) courts hear cases up to $20,000, which covers nearly every deposit dispute. The standard sequence: send a statute-cited demand letter giving the landlord 7–14 days to respond, file in justice court if refused. A well-drafted demand letter quoting TPC 92.109 resolves most disputes pre-filing because the $100 + 3× + fees exposure makes settlement the cheaper option.
Does the landlord have to give me my forwarding address back if I forgot to send one?
No, but you can fix it. TPC 92.107 requires you to give the landlord written notice of your forwarding address. Until you do, the landlord has no duty to refund. Best practice: include your forwarding address on the keys-returned date or in your move-out email, in writing, with the lease address and your name. Save the timestamped copy.