How Long Does a Landlord Have to Return a Deposit in Texas?
In Texas, a landlord has 30 days to return a security deposit. The deadline is measured from this trigger: The date the tenant surrenders the premises (possession). The verified penalty formula is $100 + 3x the portion wrongfully withheld + reasonable attorney's fees when landlord acts in bad faith; bad faith is presumed if landlord fails to refund or itemize within 30 days (Tex. Prop. Code §92.109).
Key facts
| Deadline | 30 days |
|---|---|
| Deadline trigger | the date the tenant surrenders the premises (possession) |
| Penalty formula | $100 + 3x the portion wrongfully withheld + reasonable attorney's fees when landlord acts in bad faith; bad faith is presumed if landlord fails to refund or itemize within 30 days (Tex. Prop. Code §92.109) |
| Bad faith required | Yes |
| Statute citation | Tex. Prop. Code §§92.101-92.109 (Subchapter C) |
Statute says
Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. ... Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
What this means
Read the deadline, trigger, and penalty together. Match the date you can prove to the trigger above, then compare the landlord's response to the rule in Tex. Prop. Code §§92.101-92.109 (Subchapter C).
FAQ
Does Houston have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Texas law and local rules.
What happens if a landlord misses the Texas deposit deadline?
The verified penalty formula is $100 + 3x the portion wrongfully withheld + reasonable attorney's fees when landlord acts in bad faith; bad faith is presumed if landlord fails to refund or itemize within 30 days (Tex. Prop. Code §92.109). Keep the move-out date, forwarding address records, and any itemized statement before you act.
Does a demand letter change the legal deadline?
No. The deadline is still 30 days. The deadline trigger is The date the tenant surrenders the premises (possession). A letter documents the timeline and asks the landlord to resolve the deposit before the next step.
If the deadline passed
Send the letter that starts the clock and keeps the demand tied to the verified Texas deadline.
If the landlord stays silent, review landlord ignoring the deadline before choosing the next step.