Quick Answer
Under Tex. Prop. Code § 92.103(a), you refund the security deposit on or before the 30th day after the tenant surrenders the premises. Under § 92.104, you give the tenant a written description and itemized list of any deductions with the balance. Your obligation to return the deposit or give that list does not arise until the tenant gives you a written statement of a forwarding address (§ 92.107(a)). If you neither return the deposit nor provide the itemization by the 30th day after surrender, § 92.109(d) presumes bad faith. Statute text last checked October 2, 2026.
Key Takeaways
- The 30 days run from surrender. Sections 92.103(a) and 92.109(d) both measure from the date the tenant surrenders.
- A written forwarding address starts your duty. Section 92.107(a) says you need not return the deposit or send the list until you have one, and § 92.107(b) says the tenant keeps the right to a refund even without one.
- Bad faith is presumed after Day 30. Section 92.109(d) presumes bad faith if you send neither a refund nor an itemization by then, and you carry the burden of showing reasonable retention (§ 92.109(c)).
- Two remedies exist. Bad-faith retention exposes you to $100, three times the wrongfully withheld portion, and attorney’s fees (§ 92.109(a)). A bad-faith failure to provide the itemized list forfeits your right to withhold or to sue for damages to the premises, and adds attorney’s fees (§ 92.109(b)).
- Advance-notice clauses need emphasis. A lease clause that requires advance notice of surrender before a refund is effective only if it is underlined or in conspicuous bold print (§ 92.103(b)).
1. What Counts as a Security Deposit (§ 92.102)
Section 92.102 defines a security deposit as any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling. Pet and cleaning deposits that secure performance fall within it. Application fees and prepaid rent do not. Subchapter C of Chapter 92 governs the deposit and the deadlines below.
2. The 30-Day Deadline (§ 92.103)
Section 92.103(a) requires you to refund the deposit on or before the 30th day after the date the tenant surrenders the premises. Count from the day of surrender, and treat Day 30 as the last day for the refund or the itemized list to be sent.
A lease clause requiring the tenant to give advance notice of surrender as a condition of a refund is effective only if it is underlined or printed in conspicuous bold (§ 92.103(b)).
3. The Written Forwarding Address (§ 92.107)
- Your duty arises with the address. You are not obligated to return the deposit or give a written description of damages and charges until the tenant gives you a written statement of a forwarding address for the purpose of refunding the deposit (§ 92.107(a)).
- The tenant keeps the right. The tenant does not forfeit the refund or the right to the description merely by failing to give an address (§ 92.107(b)).
- Keep a record. Note the date you received the address, in writing, and the date you sent the refund or list.
The statute measures the 30 days from surrender and the duty from the address. If the address reaches you late, ask your attorney how the presumption in § 92.109(d) applies, and send the refund or list as soon as you have the address.
4. Deductions and the Itemized List (§ 92.104)
- What you may deduct. Damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease (§ 92.104(a)).
- What you may not deduct. Normal wear and tear, which § 92.001(4) defines as deterioration from the intended use of a dwelling (§ 92.104(b)). See the painting guide.
- The list. If you keep any part of the deposit, you give a written description and itemized list of all deductions with the balance.
- The exception. The list is not required if the tenant owes rent and there is no dispute about the amount owed (§ 92.104(c)).
5. Liability (§ 92.109)
| Provision | What it says |
|---|---|
| § 92.109(a) | Bad-faith retention: $100, three times the portion wrongfully withheld, and the tenant’s attorney’s fees |
| § 92.109(b) | Bad-faith failure to provide the itemized list: you forfeit the right to withhold any portion or to sue for damages to the premises, and you owe attorney’s fees |
| § 92.109(c) | In the tenant’s suit, you must prove the retention was reasonable |
| § 92.109(d) | Failing to return the deposit or provide the list by the 30th day after surrender is presumed bad faith |
Section 92.108 separately bars a tenant from withholding the last month’s rent on the ground that the deposit secures unpaid rent.
6. Questions Owners Ask
When does the 30-day period start? At surrender, under §§ 92.103(a) and 92.109(d). Your duty to send the refund or list arises when you have the tenant’s written forwarding address.
What if I never get a forwarding address? You are not obligated to return the deposit until you receive one in writing, and the tenant keeps the right to a refund. Keep notes on your efforts to reach the tenant.
Must I itemize if the tenant owes rent? Not if the tenant owes rent at surrender and there is no dispute about the amount (§ 92.104(c)).
What if I send the list on Day 32? Section 92.109(d) presumes bad faith, and you carry the burden of showing the retention was reasonable. Ask your attorney how to respond.
What This Guide Does Not Cover
This guide covers residential security deposit return under Tex. Prop. Code Chapter 92, Subchapter C. It describes the statutes as of the check date above and does not predict how a court will rule on your facts.
It does not cover:
- Commercial lease deposits.
- Manufactured home community tenancies.
- Rental application deposits, which Subchapter E governs.
- Justice court eviction procedure.