Getting Your Security Deposit Back in Texas
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Except as provided by section 92.107, a landlord in Texas has to return a deposit on or before the 30th day after the date you surrender the premises. Under section 92.107(a), the landlord is not obligated to return the deposit or describe deductions until you give a written statement of your forwarding address. The law spells out what each side owes and where an unsettled dispute goes.
The rules sit in subchapter C of chapter 92 of the Texas Property Code, which section 92.101 applies to "all residential leases." Section 92.102 defines a security deposit as any advance of money, other than a rental application deposit or an advance payment of rent, intended primarily to secure performance under a lease of a dwelling.
The 30-day refund deadline
Section 92.103(a) says the landlord "shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises." The same subsection makes that duty subject to section 92.107, the forwarding address rule covered below.
Mail counts as on time. Under section 92.1041, a landlord is presumed to have refunded the deposit or made the accounting if it is placed in the United States mail and postmarked on or before the required date. The postmark date, not the day the envelope lands in your mailbox, is what the presumption looks at.
The forwarding address condition
Section 92.107(a) says the landlord is not obligated to return the deposit or give a written description of damages and charges "until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit."
Section 92.107(b) protects a tenant who forgets: the tenant does not forfeit the refund or the description of charges "merely for failing to give a forwarding address."
Two delivery details matter here. Section 92.112 makes a managing agent, leasing agent or resident manager the landlord's agent for notices under this subchapter, so a notice given to one of them counts as notice to the landlord. And since September 1, 2025, section 92.113 allows notices under the subchapter to go by e-mail if the tenant and the landlord or its agent have previously communicated by e-mail. The landlord may designate a specific e-mail address for that purpose.
What a landlord may and may not deduct
Section 92.104(a) lets the landlord deduct "damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease." Section 92.104(b) draws the line: the landlord "may not retain any portion of a security deposit to cover normal wear and tear."
Section 92.001(4) defines normal wear and tear as "deterioration that results from the intended use of a dwelling." The definition excludes deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or chattels by the tenant, a member of the tenant's household, or a guest or invitee.
When any part of the deposit is kept, section 92.104(c) requires the landlord to send the balance, if any, "together with a written description and itemized list of all deductions." There is one exception. No itemized list is required if the tenant owed rent on surrendering the premises and there is no controversy about the amount of rent owed.
The law runs the other way too. Section 92.108 says a tenant may not withhold any part of the last month's rent on the ground that the deposit covers it. A tenant who does is presumed to have acted in bad faith and, if found in bad faith, owes three times the rent wrongfully withheld plus the landlord's reasonable attorney's fees.
Bad faith and the penalties in section 92.109
Section 92.109(d) creates a presumption: a landlord who fails either to return the deposit or to provide the written description and itemization "on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith." Section 92.109(c) puts the burden on the landlord, in a suit the tenant brings, to prove that keeping any portion of the deposit was reasonable.
| What the landlord did in bad faith | What section 92.109 provides |
|---|---|
| Kept a deposit in violation of the subchapter | Liability for "$100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees" in a suit to recover the deposit (subsection (a)) |
| Did not provide the written description and itemized list | Forfeits the right to withhold any portion of the deposit or to sue the tenant for damages to the premises, and is liable for the tenant's reasonable attorney's fees (subsection (b)) |
What a tenant can send
The statute makes a handful of documents do the work in a deposit dispute. The written forwarding address is the statement section 92.107(a) refers to. The landlord's itemized list under section 92.104(c), or its absence, frames what is in dispute. The postmark on a refund settles whether it was mailed in time under section 92.1041.
A written demand letter is one way a tenant can put those facts in front of a landlord before any case is filed. Such a letter can state the move-out date, the date the forwarding address was given, the amount of the deposit, the deductions disputed and the sections of chapter 92 that apply. Our guide to writing a demand letter covers how those letters are put together and what they can and cannot do.
Mediation is another route. Tarrant County's Dispute Resolution department lists "Landlord/tenant and property disputes" among the matters it mediates. The county notes that a mediator neither decides the case nor gives either side legal advice. The how mediation works guide explains the process.
Where a deposit dispute goes in North Texas
Under Texas Rule of Civil Procedure 500.1(a), a small claims case is a suit for money damages, civil penalties, personal property or other relief allowed by law, with a $20,000 ceiling. The rule leaves statutory interest and court costs out of that figure but counts attorney fees toward it. Government Code section 27.031(a)(1) sets the justice court's civil jurisdiction at not more than $20,000, exclusive of interest.
Rule 502.4(b) lists where, generally, a small claims defendant is entitled to be sued. The options include the county and precinct where the defendant resides, where the incident giving rise to the claim occurred, and where the contract was to be performed.
Each North Texas county publishes its own way to find a precinct:
- Tarrant County has eight justice courts and a "What is my precinct" lookup. Its fee schedule lists a $54 filing fee for a justice suit, not counting constable service fees.
- Dallas County has 10 justice courts in five precincts and a district locator. JP 3-1's schedule, effective January 1, 2026, lists a small claims filing fee of $54.00 before service.
- Denton County has six justice of the peace precincts and a precinct search tool.
- Collin County has four justice courts and an interactive precinct map.
The small claims guide walks through filing, service and the hearing, and the North Texas city pages list the courts that serve each city.
Common questions
What happens to my deposit if the building is sold while I live there?
Under Property Code section 92.105, a new owner becomes liable for returning security deposits from the date it acquires title, and must give the tenant a signed statement that names the exact dollar amount of the deposit. The former owner stays liable for a deposit it received until the new owner has received the deposit or assumed the liability, unless a written contract between them says otherwise. The new-owner liability rule in subsection (a) does not apply to a real estate mortgage lienholder that acquires title by foreclosure.
Does a lease clause requiring advance notice before I move out affect the refund?
Section 92.103(b) says a lease requirement to give advance notice of surrender as a condition of the refund is effective only if it is underlined or printed in conspicuous bold print in the lease.
Related tenant rights
A deposit question often travels with other landlord issues. If a repair problem led to the move-out, the tenant repair rights guide covers the notice rules and the remedies in subchapter B, including a tenant's option to deduct the deposit from rent after lawfully ending a lease over repairs. If the tenancy ended in a court case, the eviction guide explains how those cases move through justice court. Every tenant, consumer and worker topic is collected on the rights hub, and the rest of the site's North Texas disputes and settlements guides cover settlements, mediation and small claims across the region.