Texas Security Deposit Laws 2026
Here's what Texas law says about security deposit returns, deadlines, and penalties. All information is sourced from TX Prop. Code § 92.103, § 92.109.
Return Deadline
30 calendar days
from receiving tenant's forwarding address to return your deposit
Penalty for Violations
Up to 3x your deposit amount + $100 statutory penalty
Bad faith is presumed when the landlord misses the return deadline
Your landlord does not get the benefit of the doubt. Missing the deadline automatically shifts the burden to them to prove they acted in good faith. In most cases, this makes the penalty functionally automatic.
If the landlord violates the deadline, they may forfeit ALL right to withhold any portion of your deposit.
Itemization Requirements
- Itemized statement required: Yes
- Itemization deadline: 30 days
- Receipts required: No
Interest Requirements
Not required. Your landlord does not have to pay interest on your deposit.
Statute of Limitations
- Written lease: 4 years
- Oral lease: 4 years
Small Claims Court
Maximum claim: $20,000
Attorney fee shifting available — you may recover attorney fees if you win.
Primary Statute
Important Exceptions & Edge Cases
TX Prop. Code § 92.107: Landlord's obligation to return deposit does not begin until tenant provides written forwarding address. If tenant has not provided one, the demand letter should include it. Clock starts on date forwarding address is received.
TX Prop. Code § 92.103(b): Lease may require advance written notice of surrender as a condition of deposit return, but ONLY if stated in conspicuous bold print or underlined in the lease. If tenant didn't give advance notice but lease requires it, landlord may argue deposit forfeiture — but many courts still require the landlord to act within 30 days of actual move-out.
TX Prop. Code § 92.104(c): If tenant owes rent and there is no dispute over the amount owed, landlord is NOT required to provide an itemized list of deductions. However, if there IS a dispute, full itemization is required.
TX Prop. Code § 92.109(d): Landlord who fails to return deposit or provide itemized deductions within 30 days is PRESUMED to have acted in bad faith. This is a rebuttable presumption — landlord can overcome it by showing legitimate reason for delay (e.g., hospitalization, wrong address). But the burden shifts to the landlord, making this extremely favorable for tenants in demand letters.
Think your landlord violated Texas law?
Generate a demand letter that cites TX Prop. Code § 92.103, § 92.109 and puts your landlord on notice.
This is not legal advice. Reclaim provides legal information and document generation tools. The information on this page is sourced from TX Prop. Code § 92.103, § 92.109 and is current as of September 1, 2021. For specific legal questions, consult a licensed attorney in Texas.