A Texas landlord generally must refund a residential security deposit within 30 days after the tenant surrenders the premises, subject to the tenant providing a written forwarding address. Lawful deductions may reduce the refund, but a landlord cannot charge the deposit for normal wear and tear.

For tenants, the practical questions are when the refund is due and whether the deductions are justified. For landlords, the challenge is documenting legitimate charges and providing the required accounting on time. Texas Property Code Chapter 92, Subchapter C supplies the rules for residential leases.

How long does a landlord have to return a security deposit in Texas

Section 92.103(a) ties the deadline to surrender of the premises, rather than the landlord’s preferred inspection date. Document when possession was returned, including delivery of keys and any written acknowledgment from management. Simply moving belongings out may leave a disagreement about whether possession was actually surrendered.

The forwarding address matters too. Under Section 92.107, the landlord’s refund and accounting obligations are suspended until the tenant supplies a written statement of a forwarding address for refund purposes. Failure to provide that address does not itself forfeit the tenant’s rights. Give it before or at surrender when possible, and keep proof of delivery.

Do not assume a delayed inspection extends the deadline. Section 92.1041 provides a mailing presumption when the refund or accounting is placed in the United States mail and postmarked by the required date. The date the tenant receives the envelope therefore is not always decisive.

What deductions can a Texas landlord take

Under Section 92.104(a), deductions must be for damages or charges the tenant legally owes under the lease or because of a lease breach. Possible charges include unpaid rent, authorized unpaid utilities, and repairs for tenant caused damage. A deduction still needs a legal basis and a supportable amount.

Review each charge against the lease, move-in condition, move-out condition, and supporting records. A general statement that the apartment needed work does not explain who caused the condition or why the tenant owes the amount charged.

Landlords should retain photographs, inspection reports, invoices, estimates, and the rental ledger. Tenants should ask for records supporting disputed deductions rather than assuming every charge is valid or every deduction is prohibited.

Normal wear and tear versus property damage

Section 92.104(b) states: “The landlord may not retain any portion of a security deposit to cover normal wear and tear.”

Section 92.001(4) distinguishes deterioration from intended use from deterioration caused by negligence, carelessness, accident, or abuse. Ordinary fading and wear from everyday use can differ from torn carpet, deep stains, or large holes in walls.

These examples are not automatic outcomes. The property’s original condition, length of occupancy, nature of the damage, and evidence of its cause matter. A photograph of a worn carpet at move-out means more when compared with the move-in photographs.

Cleaning and painting charges deserve the same scrutiny. Identify what required cleaning or repair and why the tenant is legally responsible. Calling a charge a standard turnover fee does not resolve whether it improperly covers normal wear and tear.

Must the landlord give an itemized list of deductions

Generally, yes. Section 92.104(c) requires the remaining balance, if any, together with a written description and itemized list of deductions when the landlord retains some or all of the deposit.

There is an important exception: an itemized description is not required under that subsection if the tenant owes rent at surrender and there is no controversy about the amount owed. Both conditions must exist. A landlord should not assume that any unpaid balance excuses an accounting when the rent amount is disputed.

An accounting should identify individual charges clearly. Separating wall repairs, cleaning, and unpaid rent lets both sides evaluate the dispute more effectively than a single unexplained total.

Can a lease require advance notice before a deposit refund

Section 92.103(b) makes an advance notice of surrender requirement effective as a condition of refund only when it is underlined or printed in conspicuous bold print in the lease.

Read the notice provision before moving out. A dispute about advance notice can be separate from a dispute about physical damage. Section 92.006(a) also prohibits waiver of the landlord’s statutory security deposit duties or the tenant’s statutory remedies. Lease language does not automatically override Chapter 92.

What happens if a landlord wrongfully keeps the deposit

Section 92.109 distinguishes a disputed deduction from bad faith retention. Under subsection (a), bad faith retention can result in liability for $100, three times the portion wrongfully withheld, and reasonable attorney’s fees in a suit to recover the deposit.

For example, if $1,000 is wrongfully withheld in bad faith, that statutory formula produces $3,100 before reasonable attorney’s fees. Enhanced damages are not automatic merely because the tenant disagrees with a deduction.

Subsection (b) separately addresses bad faith failure to provide the required description and itemization. It can cause forfeiture of the right to withhold any deposit or sue for damages to the premises, along with liability for reasonable attorney’s fees in a deposit recovery suit.

Under subsection (c), the landlord bears the burden of proving that retaining any portion was reasonable. Subsection (d) establishes a presumption of bad faith for failure to refund or itemize within the stated 30 day period. Apply that provision together with the forwarding address requirement and other statutory exceptions; it is a presumption, not an automatic final judgment.

What to do if your Texas security deposit is not returned

Start by organizing the evidence. Keep the signed lease and addenda, proof of the deposit payment, move-in and move-out photographs, surrender communications, your written forwarding address, and any accounting or refund envelope.

Send a focused written request identifying the property, surrender date, forwarding address, deposit amount, and disputed deductions. Ask for the refund due and records supporting any retained amounts. Keep a copy and proof of delivery.

If the dispute remains unresolved, have the lease and evidence reviewed before choosing a lawsuit or settlement proposal. The amount at stake, available proof, potential counterclaims, and recoverable remedies all affect the next step.

Common questions about Texas security deposits

Can I use my security deposit as my last month’s rent

Do not unilaterally stop paying rent on that basis. Section 92.108 prohibits withholding last month’s rent because the deposit secures unpaid rent. Bad faith withholding can expose the tenant to three times the rent wrongfully withheld and reasonable attorney’s fees.

Does forgetting my forwarding address mean I lose my deposit

No. Section 92.107(b) preserves the right to a refund and accounting despite that omission. Supply the address in writing promptly and keep evidence that you did so.

Do these rules apply to a commercial lease

This article addresses residential deposits under Chapter 92. Commercial security deposits are addressed separately in Texas Property Code Chapter 93. Do not apply the residential deadline to a commercial lease without checking the governing law.

Help with a Texas security deposit dispute

David C. Barsalou, Attorney at Law, PLLC assists with Texas landlord tenant disputes and lease issues. A remote consultation can help evaluate the lease, deduction records, and potential options for resolving a deposit dispute.

This article provides general information and is not legal advice. Reading it does not create an attorney client relationship. The result of a particular dispute depends on the lease, evidence, and applicable law.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.