How Long Does a Texas Landlord Have to Return Your Security Deposit?

You handed over a security deposit when you signed your lease. You moved out, cleaned the place, returned the keys. And now... nothing. No check, no explanation, no response to your texts.

If that's where you are right now, the single most important thing to know is this: Texas law gives your landlord exactly 30 days.

The 30-Day Rule

Under Texas Property Code § 92.103, your landlord must refund your security deposit on or before the 30th day after you surrender the premises.

That's not 30 business days. Not 30 days from whenever they get around to inspecting. It's 30 calendar days from the date you hand over possession — keys returned, unit vacated.

If they're deducting anything, they don't just get to keep the money and stay quiet about it. They owe you whatever balance remains plus a written, itemized list of every deduction they're claiming, per § 92.104. Not a vague "cleaning and repairs" note — an actual itemized breakdown.

One Important Caveat: Your Forwarding Address

There's a catch that trips up a lot of tenants. Under § 92.107, your landlord's 30-day obligation doesn't technically start until you provide a written forwarding address.

That doesn't mean you lose your right to the deposit if you forget — the statute explicitly says you don't forfeit your claim. But it does give your landlord a reason to delay, and it's a reason that holds up if things go to court. The fix is simple: send your forwarding address in writing (email, text, or letter) before or right after you move out. Create a paper trail.

What Can a Landlord Actually Deduct?

Under § 92.104, landlords can deduct damages and charges you're legally liable for under the lease or from breaching the lease. That includes things like unpaid rent, damage beyond normal use, or agreed-upon charges for early termination.

But here's the critical line in the statute: a landlord may not retain any portion of a security deposit to cover normal wear and tear. That's § 92.104(b), and it's not optional.

So what's normal wear and tear? Think scuffed floors from everyday walking, faded paint from sunlight, minor nail holes from hanging pictures, worn carpet in high-traffic areas. These are the natural results of someone living in a home. If your landlord is deducting for them, that deduction is improper.

What Happens If Your Landlord Doesn't Comply?

This is where Texas law has real teeth.

Under § 92.109, if your landlord retains your deposit in bad faith, they're liable for $100 (a statutory flat penalty), three times the amount wrongfully withheld, and your reasonable attorney's fees.

And here's the part most tenants don't know: if your landlord fails to either return the deposit or provide a written itemization within 30 days, they are presumed to have acted in bad faith. That's § 92.109(d). The burden then shifts to the landlord to prove the retention was reasonable — not the other way around.

That means if day 31 passes and you've heard nothing, the law already assumes your landlord is in the wrong.

What If Your Landlord Kept Some of It and You Think the Deductions Are Wrong?

If you received a partial refund with an itemized list, but the deductions look inflated, fabricated, or include normal wear and tear, you still have recourse. The landlord bears the burden of proving that every deduction was reasonable — that's § 92.109(c). If they can't justify the charges, the same bad faith penalties can apply.

A Quick Note on What Not to Do

It might be tempting to just withhold your last month's rent and call it even. Don't. Texas Property Code § 92.108 specifically prohibits tenants from withholding rent on the theory that the security deposit covers it. If you do this in bad faith, you can be liable for three times the rent withheld plus your landlord's attorney's fees. Protect your rights, but protect yourself too.

What Should You Do Right Now?

If your landlord is past the 30-day deadline, hasn't returned your deposit, or sent you a deduction list that doesn't add up, you have options.

The most effective first step is usually a clear, professional demand letter that cites the specific statutes, lays out the timeline, calculates the penalties, and gives the landlord a short deadline to respond. Most landlords — and especially property management companies — pay attention when they see the actual law cited in writing.

Our Security Deposit Recovery service includes a review of your lease and deposit records, a demand letter citing the applicable Property Code deadlines and penalties, and a clear explanation of your options if the landlord doesn't respond. Click here to learn more about how it works →