My landlord won't give my deposit back in Texas

What the law says

A security deposit, under section 92.102 of the Texas Property Code, is money paid in advance mainly to secure the lease. It does not include a rental application deposit or rent paid in advance. Section 92.101 applies these rules to every residential lease in Texas.

Section 92.103 of the Texas Property Code sets the deadline:

“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 landlord may keep part of the deposit, but only for certain things. Under section 92.104 of the Texas Property Code, the landlord may deduct damages and charges the tenant is legally liable for under the lease, or because the tenant broke the lease. The landlord may not keep any part of it for normal wear and tear. When the landlord keeps some or all of it, the landlord must send the rest, with a written description and an itemized list of every deduction.

There is one exception to the list. Under section 92.104(c) of the Texas Property Code, no itemized list is needed when the tenant owed rent on moving out and there is no dispute about how much rent was owed.

The 30 days also carry a presumption. Section 92.109(d) of the Texas Property Code says:

“A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.”

What a landlord owes for keeping it in bad faith

Under section 92.109(a) of the Texas Property Code, a landlord who keeps a deposit in bad faith is liable for $100, plus three times the part of the deposit wrongly kept, plus the tenant’s reasonable attorney’s fees in a suit to recover the deposit.

Missing the list has its own cost. A landlord who, in bad faith, does not give the written description and itemized list loses the right to keep any part of the deposit under section 92.109(b) of the Texas Property Code. That landlord also loses the right to sue the tenant for damage to the home, and is liable for the tenant’s reasonable attorney’s fees.

In a suit by the tenant, the landlord carries the burden. Section 92.109(c) of the Texas Property Code makes the landlord prove that keeping any part of the deposit was reasonable.

What changes the answer

A forwarding address. Under section 92.107 of the Texas Property Code, the landlord does not have to return the deposit, or send the list of deductions, until the tenant gives a written statement of a forwarding address for the refund. The tenant does not lose the right to the refund just by not giving one. Subchapter C does not say how the 30 days are counted when the address comes after the move.

The post. Under section 92.1041 of the Texas Property Code, a landlord is presumed to have refunded the deposit or sent the list on time if it was put in the United States mail and postmarked on or before the 30th day. A refund that arrives a few days later can still count as on time.

E-mail. Under section 92.113 of the Texas Property Code, notices under these rules may go by e-mail if the tenant and the landlord, or the landlord’s agent, have e-mailed each other before.

A notice clause in the lease. Some leases say the tenant must give advance notice of moving out to get the deposit back. Under section 92.103(b) of the Texas Property Code, that condition only counts if it is underlined or in conspicuous bold print in the lease.

The last month’s rent. Section 92.108 of the Texas Property Code says a tenant may not hold back any part of the last month’s rent on the grounds that the deposit covers it. A tenant who does is presumed to have acted in bad faith, and can owe three times the rent held back plus the landlord’s reasonable attorney’s fees.

A new owner. Under section 92.105 of the Texas Property Code, when a home is sold or changes hands, the new owner is liable for returning deposits from the date it takes title, and must give the tenant a signed statement of the exact amount. The old owner stays liable until the new owner receives the deposit or takes on the liability, unless a written contract says otherwise. The rule on new owners does not apply to a mortgage lender who takes the home by foreclosure.

The lease. Section 92.006(a) of the Texas Property Code says a landlord’s duties and a tenant’s remedies on security deposits may not be waived.

A landlord in financial trouble. Under section 92.103(c) of the Texas Property Code, the tenant’s claim to the deposit comes before the claims of the landlord’s other creditors, including a trustee in bankruptcy.

What this page covers. It reads sections 92.006 and 92.101 to 92.113 of the Texas Property Code, as captured on 26 September 2026. It leaves out the rules for a tenant who never moves in, leases with no deposit and fees paid instead of a deposit. The terms of a particular lease, local rules and court procedure are not covered here.