Security deposit rules in Texas
The deadline for the itemized statement, what can be deducted, and the documents to keep — with links to the statute.
Itemized statement due within
30 days
On or before the 30th day after the tenant surrenders the premises (§ 92.103). The obligation to refund or itemize does not start until the tenant gives a written forwarding address (§ 92.107).
If it's missed: If the deposit is not refunded or itemized within 30 days after surrender, the landlord is presumed to have acted in bad faith (§ 92.109(d)). Bad-faith retention can mean liability for $100, three times the amount wrongfully withheld, and the tenant's attorney's fees; a bad-faith failure to itemize forfeits the right to withhold any portion (§ 92.109(a)–(b)).
What the statement must cover
- List each deduction with a description and amount.
- Return any balance of the deposit together with the itemized list.
- Do not deduct for normal wear and tear (§ 92.104(b)).
- Deductions are limited to damages and charges the tenant is legally liable for under the lease or as a result of breaching it (§ 92.104(a)).
Receipts and documentation
- If any portion of the deposit is kept, give the tenant a written description and itemized list of all deductions (§ 92.104(c)).
- Texas does not require receipts to be attached, but keep the invoices behind each deduction in case the amount is questioned.
- If a deduction is for repairs, describe the work performed and its cost.
Gray areas to review carefully
Normal wear and tear vs. damage
Texas does not allow deductions for normal wear and tear. Distinguish ordinary aging from damage before charging.
Lease-defined charges
Charges must be ones the tenant is legally liable for under the lease (for example unpaid rent). Check the lease clause before charging.
Bad-faith retention
A landlord who in bad faith keeps a deposit in violation of the subchapter is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees (§ 92.109(a)). Missing the 30-day deadline creates a presumption of bad faith (§ 92.109(d)).
Frequently asked questions
How long does a landlord have to return a security deposit in Texas?
On or before the 30th day after the tenant surrenders the premises (§ 92.103). The obligation to refund or itemize does not start until the tenant gives a written forwarding address (§ 92.107). Source: Texas Property Code Sections 92.101–92.109 (checked October 2026). This is a general rule — verify your specific situation and any local ordinances.
Is an itemized statement required in Texas?
Yes. Texas requires a written itemized list of deductions. List each deduction with a description and amount.
Can a landlord deduct for "normal wear and tear" in Texas?
Generally no. Deductions are for damage beyond ordinary wear and tear — such as stains, burns, large holes, or breakage — not for the normal aging of a unit. Compare move-in and move-out photos for each item, and check Texas Property Code Sections 92.101–92.109 for the exact rule.
What happens if the landlord misses the deadline in Texas?
If the deposit is not refunded or itemized within 30 days after surrender, the landlord is presumed to have acted in bad faith (§ 92.109(d)). Bad-faith retention can mean liability for $100, three times the amount wrongfully withheld, and the tenant's attorney's fees; a bad-faith failure to itemize forfeits the right to withhold any portion (§ 92.109(a)–(b)). This is a summary of the statute, not legal advice.
Does MoveOutGuard support Texas?
Yes. Pick Texas when you open a packet: the deadline estimate (30 days after the tenant surrenders the unit), the itemization checklist and the statute reference (Texas Property Code Sections 92.101–92.109) come with it. You upload photos and receipts, review every line, and export the packet.
Build your Texas statement packet
Upload photos and receipts, draft and review each deduction, and track the Texas deadline — free. $29 unlocks the itemized statement and PDF for that packet.
MoveOutGuard is a document preparation and evidence organization tool. It is not a law firm and does not provide legal advice. Drafts, checklists, and deadline estimates require your review and are not a guarantee of compliance or outcomes. For legal questions, consult a licensed attorney.