Texas Security Deposit Return Law: The 30-Day Rule and the 3x Penalty
Texas doesn’t cap how much a landlord can charge you for a security deposit — but it is very specific about how fast they have to give it back, and just how expensive it gets for them if they don’t.
The deadline: 30 days, and no deposit cap to offset it
Under the Texas Property Code, a landlord has 30 days after you surrender the unit to return your deposit or send an itemized list of deductions. Unlike many states, Texas sets no statutory limit on how large the deposit can be in the first place — that part is between you and the lease you signed.
“Surrender” matters more than you’d think
The 30-day clock in Texas starts when you surrender the unit — turn in the keys and vacate — not necessarily the date on your lease. If you leave early or late, document the actual date you handed back keys and moved your belongings out; that’s the date that starts the countdown.
What a valid itemized deduction list has to show
If your landlord withholds any part of the deposit, they’re expected to provide a written description and itemized list of deductions, tied to unpaid rent or actual damage beyond normal wear and tear. Ordinary wear — faded paint, worn carpet from normal use — is legally the landlord’s cost of doing business, not yours.
The penalty is unusually steep in Texas
This is the detail that makes Texas different from most states. If a landlord withholds your deposit in bad faith — no legitimate reason, or ignoring the request entirely — Texas law allows you to recover:
- Three times the amount wrongfully withheld
- Plus a $100 statutory penalty
- Plus your attorney’s fees, if you have to sue
A Texas landlord who wrongfully keeps $600 in bad faith can end up owing $1,900 or more once the statutory penalty and legal fees are added.
What to do if 30 days pass with nothing
- Confirm you gave a forwarding address in writing — Texas landlords are only required to send the deposit/itemization to an address you provided
- Send a written demand citing Texas Property Code §92.109 and the bad-faith penalty
- File in small claims (Justice Court) if they still don’t respond — the statutory 3x-plus-$100 penalty makes these cases straightforward to win when the paper trail is clean
Not sure exactly how many days have passed, or what your landlord actually owes you? Run the numbers in our free security deposit calculator — it does the date math and flags whether your landlord has already blown the deadline.
If your landlord did send an itemized list but it looks padded or vague, walk through our deposit dispute guide before you accept it.
Quick reference
- Landlord has 30 days after you surrender the unit to return the deposit or itemize deductions
- No statutory cap on how large the deposit can be
- You must have given a forwarding address in writing for the deadline to fully apply
- Bad-faith withholding allows recovery of 3x the amount plus a $100 penalty plus attorney’s fees
This article is general information for renters, not legal advice. Landlord-tenant law changes, and city or county ordinances can add rules on top of state law. Confirm specifics with a local tenant rights organization or attorney before acting.
