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Security DepositMay 27, 2026
Texas Security Deposit Law: What Property Code § 92.103 Requires Your Landlord to Do
Texas landlords have 30 days to return your deposit — but only after you provide a written forwarding address. The penalty for bad faith: $100 + 3× the amount withheld + attorney’s fees.
Texas security deposit law (Tex. Prop. Code §§ 92.101–92.109) has a unique wrinkle that most tenants don’t know about: the 30-day return clock doesn’t start until you provide your landlord with a written forwarding address. Miss this step and your landlord technically hasn’t violated the statute — even if months have passed.
The 30-Day Deadline (and the Forwarding Address Trap)
Under § 92.103(a), the landlord must refund the deposit or provide a written itemized list of deductions within 30 days of the tenant’s surrender of the premises. But § 92.107(a) adds a critical condition: this obligation does not arise until the tenant provides a written forwarding address.
If you moved out and never provided a forwarding address in writing, send one now. The 30-day clock starts when they receive it.
What They Can Deduct
Under § 92.104, landlords may deduct for damages and charges beyond normal wear and tear, unpaid rent, and other breach-of-lease charges. They must provide a written description and itemized list of all deductions. Normal wear and tear is explicitly excluded from permissible deductions.
The Penalty: $100 + 3× + Attorney’s Fees
Texas has one of the strongest penalty provisions in the country. Under § 92.109(a), a landlord who retains a deposit in bad faith is liable for:
• $100 statutory penalty
• Three times the portion of the deposit wrongfully withheld
• Reasonable attorney’s fees
For a $1,500 deposit wrongfully withheld, that’s $100 + $4,500 + attorney’s fees = potentially $5,000+ in liability. This penalty provision is the strongest leverage a demand letter can cite.
No Deposit Cap
Unlike California (1 month) and New York (1 month), Texas has no statutory cap on the amount a landlord can charge for a security deposit. This means deposits in Texas can be unusually large, making the stakes of a deposit dispute higher.
Small Claims in Texas
Texas Justice Courts handle small claims up to $20,000 — one of the highest limits in the country. Filing fees are typically $50–$100. You don’t need a lawyer, though the penalty provision includes attorney’s fees if you choose to hire one.
Key Dates and Provisions
• Deposit return deadline: 30 days after written forwarding address received
• Maximum deposit: No statutory cap
• Bad faith penalty: $100 + 3× wrongfully withheld + attorney’s fees (§ 92.109)
• Statutes: Tex. Prop. Code §§ 92.101–92.109
• Forwarding address: Must be in writing (§ 92.107)
• Itemization required: Written description + itemized list (§ 92.104)
Ready to take the next step?
Generate a demand letter or cancellation email sequence grounded in the statutes discussed in this article.
Generate your Texas demand letterThis article provides general information about consumer protection statutes. It does not constitute legal advice and does not evaluate specific claims. Statutes may be amended; verify current law with official sources. Consider consulting a licensed attorney for advice about your specific situation.