How long does a landlord in Texas have to return a security deposit?
30 calendar days
Section 92.103(a) requires the refund on or before the thirtieth day after the date the tenant SURRENDERS the premises, but it opens 'Except as provided by Section 92.107,' and § 92.107(a) provides that the landlord is not obligated to return the deposit or give the written description of damages and charges until the tenant gives the landlord a written statement of a forwarding address for the purpose of refunding the deposit. Section 92.107(b) adds that the tenant does not forfeit the right to a refund or to the description merely by failing to give the address — the address suspends the clock, it does not extinguish the claim.
In plain terms, the statute says
A landlord who in bad faith retains a security deposit in violation of the subchapter is liable for one hundred dollars, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees; bad faith is required, but a landlord who fails either to refund or to provide the written description and itemization on or before the thirtieth day after surrender is presumed to have acted in bad faith, and the landlord bears the burden of proving that any retention was reasonable. A landlord who in bad faith fails to give the written description and itemized list separately forfeits the right to withhold any part of the deposit or to sue the tenant for damage to the premises, and owes the tenant's reasonable attorney's fees.
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Questions people ask
How long does a landlord in Texas have to return a security deposit?
Texas: 30 calendar days. Section 92.103(a) requires the refund on or before the thirtieth day after the date the tenant SURRENDERS the premises, but it opens 'Except as provided by Section 92.107,' and § 92.107(a) provides that the landlord is not obligated to return the deposit or give the written description of damages and charges until the tenant gives the landlord a written statement of a forwarding address for the purpose of refunding the deposit. Section 92.107(b) adds that the tenant does not forfeit the right to a refund or to the description merely by failing to give the address — the address suspends the clock, it does not extinguish the claim.
What happens if a landlord in Texas is late?
A landlord who in bad faith retains a security deposit in violation of the subchapter is liable for one hundred dollars, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees; bad faith is required, but a landlord who fails either to refund or to provide the written description and itemization on or before the thirtieth day after surrender is presumed to have acted in bad faith, and the landlord bears the burden of proving that any retention was reasonable. A landlord who in bad faith fails to give the written description and itemized list separately forfeits the right to withhold any part of the deposit or to sue the tenant for damage to the premises, and owes the tenant's reasonable attorney's fees.
Where can I read Texas's security-deposit law?
Texas's rule is in Tex. Prop. Code §§ 92.101–92.109. The link on this page goes to the official text, so you can read the section yourself rather than take our word for it.
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