What Texas requires
- The landlord refunds the security deposit on or before the 30th day after the tenant surrenders the premisesTexas Property Code s. 92.103 (a) · Texas Attorney General, Renter's Rights
- If any of the deposit is kept, the landlord gives the tenant the balance with a written description and itemized list of all deductions; the list is not needed only where the tenant owes rent and the amount is not in disputeTexas Property Code s. 92.104 (c) · Texas Attorney General, Renter's Rights
- The landlord need not return the deposit or describe deductions until the tenant gives a written forwarding address, but a tenant does not lose the refund or the description just by not giving oneTexas Property Code s. 92.107
- No part of the deposit may cover normal wear and tear, meaning deterioration from the intended use of the dwelling; deterioration from negligence, carelessness, accident or abuse by the tenant, their household or guests is not wear and tearTexas Property Code ss. 92.104 (b) and 92.001 · Texas Attorney General, Renter's Rights
- When a tenant sues over the deposit, the landlord has the burden of proving that keeping any part of it was reasonableTexas Property Code s. 92.109 (c)
- Missing the 30 days without a refund or itemization is presumed bad faith. Bad-faith retention costs 100 dollars plus three times the amount wrongfully withheld and attorney's fees; a bad-faith failure to itemize forfeits the right to withhold any of the deposit or to sue for damage to the premisesTexas Property Code s. 92.109 (a), (b) and (d)
The 30-day refund and itemized list
Refund the deposit on or before the 30th day after the tenant surrenders the premises. If you keep any of it, send the balance with a written description and itemized list of all deductions. The list may be left out only where the tenant owes rent and the amount is not in dispute.
The written forwarding address
The refund and the description of deductions are not due until the tenant gives you a written forwarding address. A tenant who never gives one does not lose the refund or the description, so keep the statement ready and send it once the address arrives.
Wear and tear, and who proves what
No part of the deposit may cover normal wear and tear, meaning deterioration from the intended use of the home. Damage from negligence, carelessness, accident or abuse by the tenant, their household or guests is not wear and tear. If the tenant sues over the deposit, the landlord has to prove that keeping any part of it was reasonable.
What missing day 30 costs
Missing the 30 days without a refund or an itemization is presumed to be bad faith. Bad-faith retention costs 100 dollars plus three times the amount wrongfully withheld and attorney's fees, and a bad-faith failure to itemize forfeits the right to keep any of the deposit or to sue for damage to the premises.
Common mistakes
- Sending a single total without a description of each deduction.
- Charging for carpet or paint worn by ordinary living.
- Not keeping a copy of the written forwarding address and the day it arrived.
- Letting day 30 pass and assuming the deposit can still be kept.
Sources
- Texas Property Code s. 92.103 (a), checked October 9, 2026
- Texas Attorney General, Renter's Rights, checked October 9, 2026
- Texas Property Code s. 92.104 (c), checked October 9, 2026
- Texas Property Code s. 92.107, checked October 9, 2026
- Texas Property Code ss. 92.104 (b) and 92.001, checked October 9, 2026
- Texas Property Code s. 92.109 (c), checked October 9, 2026
- Texas Property Code s. 92.109 (a), (b) and (d), checked October 9, 2026
Last reviewed October 23, 2026. Next review due January 23, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.