Texas Security Deposit Return Deadline & Penalty Calculator
Thursday, November 12, 2026
Computed as 30 calendar days under Tex. Prop. Code §§ 92.103 – 92.109.
Texas Small Claims Court cap: $20,000 — eligible for Small Claims Court filing.
Texas Security Deposit Rules at a Glance (Tex. Prop. Code §§ 92.103 – 92.109)
30 calendar days after the tenant surrenders the premises, PROVIDED the tenant has given the landlord a written statement of their forwarding address. Under Tex. Prop. Code § 92.107, the landlord is not obligated to return the deposit or itemized list until a written forwarding address is furnished.
| Deadline (No Deductions) | 30 calendar days |
|---|---|
| Deadline (With Itemized Deductions) | 30 calendar days |
| Maximum Deposit Cap | No statewide statutory cap on security deposit amounts in Texas residential leases; market standard is typically 1 to 2 months' rent. |
| Bad-Faith / Late Penalty | Under Tex. Prop. Code § 92.109(a), a landlord who retains a security deposit in bad faith is liable for $100 plus three times (3x) the portion of the deposit wrongfully withheld, plus the tenant's reasonable attorney's fees. |
| Deposit Interest Rule | Not required under Texas state law unless explicitly agreed to in the written lease contract. |
| Small Claims Court Limit | $20,000 |
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Key Texas Statutory Nuances & Documentation Rules
- Written Forwarding Address Trigger (§ 92.107): Failing to give a written forwarding address does not forfeit the tenant's right to the deposit, but the landlord's 30-day statutory deadline does not legally start running until written address notice is delivered.
- Presumption of Bad Faith (§ 92.109(d)): A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after surrender and address notice is legally presumed to have acted in bad faith.
- Advance Notice of Move-Out Condition (§ 92.103(b)): A lease may require advance notice of surrender as a condition for refund only if that requirement is printed in underlined or conspicuous bold print in the lease.
- No Deductions If Rent Is Owed Exception (§ 92.104(c)): No itemized accounting list is required if the tenant owes unpaid rent at the time of surrender and there is no controversy concerning the amount of rent owed.
Austin Single-Family Lease Termination with Unreturned Deposit
A tenant surrenders keys to an Austin rental on July 31, 2026 and hands the landlord a written forwarding address that same day. The 30-calendar-day window expires on Sunday, August 30, 2026 (rolling to Monday, August 31, 2026). If the landlord withholds $1,400 without mailing an itemized accounting by August 31, Tex. Prop. Code § 92.109(d) triggers a legal presumption of bad faith. In Texas Justice Court (limits up to $20,000), the tenant can seek the $1,400 withheld plus $4,300 in statutory penalties ($100 + 3 x $1,400), totaling $5,700 plus court costs and attorney's fees.
Texas Security Deposit Return FAQs
Does the 30-day clock in Texas start if I didn't leave a forwarding address?
No. Under Texas Property Code § 92.107(a), the landlord is not obligated to return a tenant's security deposit or give a description of damages until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the deposit.
How much can I sue for in Texas if my landlord keeps my deposit in bad faith?
Under Texas Property Code § 92.109(a), a landlord who in bad faith retains a security deposit is liable for $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
What does 'surrender of the premises' mean under Texas deposit law?
Surrender occurs when the lease period has ended, the tenant has vacated the dwelling, and the tenant has returned keys and access devices to the landlord. If a tenant moves out early without turning in keys or notifying the landlord, the 30-day clock may not start until surrender is clear.
Can a tenant in Texas use the security deposit to pay the last month's rent?
No. Texas Property Code § 92.108 explicitly prohibits a tenant from withholding payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. Doing so in bad faith makes the tenant liable for 3x the rent wrongfully withheld plus attorney's fees.