How Long Does a Landlord Have to Return a Security Deposit in Texas? (30 Days)
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In Texas, a landlord has 30 days after the day the tenant surrenders the premises and gives a forwarding address in writing to return the security deposit. The rule is Tex. Prop. Code §§ 92.103–92.109. If the landlord keeps any part of it, the same deadline applies to the written, itemized list of deductions.
What Tex. Prop. Code §§ 92.103–92.109 requires
- Return deadline: 30 days after the day the tenant surrenders the premises and gives a forwarding address in writing.
- Itemized deductions: required in writing.
- Forwarding address: the tenant should give one in writing; it affects the deadline or the remedy.
- Penalty for wrongful withholding: Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney's fees. A landlord who neither returns nor itemizes within 30 days is presumed to have acted in bad faith.
- Small claims limit: $20,000.
- Statute: Tex. Prop. Code §§ 92.103–92.109.
How to count the 30 days
The clock starts at the day the tenant surrenders the premises and gives a forwarding address in writing, not at the day you signed the lease or the day the landlord got around to inspecting. In Texas the forwarding address matters, so the safest date to rely on is the day you delivered it in writing. Count calendar days, including weekends.
What happens if the landlord is late
Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney's fees. A landlord who neither returns nor itemizes within 30 days is presumed to have acted in bad faith. Texas small claims court hears claims up to $20,000, so the deposit and the penalty usually fit in one filing.
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What to do on day 31
- Write down the date the clock started (the day the tenant surrenders the premises and gives a forwarding address in writing) and the date the 30-day deadline passed.
- Send a dated, written demand that cites Tex. Prop. Code §§ 92.103–92.109, states the deposit amount, and names what Texas lets you recover ($100 plus 3x the amount wrongfully withheld).
- Send it by a method you can prove, such as certified mail, and keep a copy.
- If nothing arrives, file in small claims court with the lease, the move-out date, and the demand letter as exhibits.
Frequently Asked Questions
Q: Does the 30-day clock start when I move out or when the lease ends?
A: It starts at the day the tenant surrenders the premises and gives a forwarding address in writing. If those are different days, the later one is the safer date to count from, and the date you can document is the one that matters.
Q: Do I have to give my landlord a forwarding address in Texas?
A: Yes, and in writing. Texas counts the deadline from the day the tenant surrenders the premises and gives a forwarding address in writing. Send it by a method you can prove, and keep a copy.
Q: Can I sue my landlord in small claims court for my Texas deposit?
A: Yes. Texas small claims court hears claims up to $20,000, which covers most deposits plus the statutory penalty. A dated written demand that cites Tex. Prop. Code §§ 92.103–92.109 is the usual first exhibit.
Sources Checked
- Tex. Prop. Code §§ 92.103–92.109 (the Texas statute cited above)
- LeaseLenses Texas deposit and notice data set, last reviewed 2026-09-19; the same data powers the Texas document tools
- Texas landlord-tenant overview and the Texas deposit rules page
This page is general legal information for Texas, not legal advice. Statutes change; read the current text before relying on a deadline in court.
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