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How security deposits get returned in Texas

· 5 min read

Bright, empty living room ready for move-out

Security deposits come up in more of my conversations with renters than almost anything else. The good news is that Texas law is specific about how deposits work, and once you know the rules, getting your money back is mostly about paperwork and timing.

The 30-day clock

A Texas landlord has to refund your deposit on or before the 30th day after you surrender the home (Texas Property Code §92.103). If they keep any part of it, they have to send you the balance along with a written, itemized list of every deduction (§92.104). If the refund or list is mailed, a postmark on or before day 30 counts as on time.

Your forwarding address starts the process

This is the step people miss. A landlord isn't required to send your refund or the itemized list until you give them your forwarding address in writing (§92.107). You don't lose your deposit by forgetting, but it can delay everything. On move-out day, send your new address through your resident portal or by email so there's a record.

Wear and tear vs. damage

A landlord can't deduct for normal wear and tear (§92.104). Texas law defines that as deterioration from normal, intended use of the home, not damage from negligence, carelessness, accident or abuse (§92.001).

  • Usually wear and tear: faded paint, light scuffs, minor nail holes from hanging pictures, carpet worn along walking paths, loose door handles from age.
  • Usually damage: holes in walls or doors, pet stains or scratches, broken blinds, burns, missing fixtures, or a home left needing heavy cleaning.

Don't skip the last month's rent

It's tempting to tell your landlord, "just keep the deposit for the last month." Texas law doesn't allow it. A tenant who withholds last month's rent on the grounds that the deposit covers it is presumed to have acted in bad faith, and can owe three times the rent withheld plus the landlord's attorney's fees (§92.108).

Pay the last month in full, give your forwarding address in writing, and let the 30-day clock do its work.

If a landlord gets it wrong

The law protects tenants too. A landlord who keeps a deposit in bad faith can owe $100, plus three times the amount wrongly withheld, plus the tenant's attorney's fees (§92.109). A landlord who doesn't return the deposit or send the itemized list within 30 days is presumed to have acted in bad faith. Start with a polite written request, and if that doesn't resolve it, a local attorney or justice court can help.

My move-out checklist for getting the whole deposit back

  1. Take dated photos of every room at move-in, and again at move-out.
  2. Read your lease's move-out notice section. Give notice on time and in the way the lease asks.
  3. Clean thoroughly: inside appliances, bathrooms, floors and baseboards.
  4. Fix anything you or your guests damaged, and replace burned-out bulbs and air filters if your lease requires it.
  5. Return every key, garage remote and gate card.
  6. Give your forwarding address in writing.

Questions about a move-out? Get in touch.

This post is general information about Texas Property Code Chapter 92, not legal advice. Your lease and the statute control.