Key Takeaways
- 30 days to refund or itemise. Miss it and bad faith is presumed.
- Bad faith costs them $100 plus three times the amount withheld, plus your attorney’s fees.
- The burden is on your landlord to prove any deduction was reasonable.
- Send a written forwarding address. Their duty does not start until you do.
- Not sending one does not forfeit your deposit. A lot of landlords imply otherwise.
- Move-out notice clauses only count if bold or underlined. Check your lease.
- No cap on deposits in private rentals, so know the number before you sign.
What this guide covers
Most articles about Texas deposits mention the penalty somewhere near the bottom. That is the wrong way round, because the penalty is the whole story.
Here is the version that actually helps you. If your landlord has not refunded your deposit or sent you an itemised list by the 30th day after you moved out, Texas law presumes they acted in bad faith. That single word changes everything about the conversation you are about to have with them.
Texas Deposit Law at a Glance
What Chapter 92 requires
The rules sit in Texas Property Code 92.101 through 92.110. In short:
- Your deposit must be refunded within 30 days of you surrendering the property
- If anything is kept, you get a written itemised list of the deductions
- Deductions must reflect actual damages, not normal wear and tear
- A landlord acting in bad faith owes $100 plus three times the withheld amount plus your attorney’s fees
- Bad faith is presumed when the 30-day deadline is missed
No cap, and what that means up front
Texas puts no legal limit on how much deposit a private landlord can charge.
That is different from most states, and it matters at signing rather than at move-out. Know the number, get it in writing, and keep the receipt. Once you have paid it, the protections in this guide apply however large it is.
Two caveats. Public and subsidised housing works differently, so ask your housing authority if that is you. And application fees are a separate thing with their own rules in the Property Code.
Deposits vs application fees vs pet deposits
These are not the same thing and the difference decides what comes back to you.
- A security deposit is refundable, subject to lawful deductions. It is what this page is about.
- An application fee covers screening costs and is generally not refundable.
- A pet deposit should be refundable if your pet caused no damage. A pet fee is not.
If your lease calls something a deposit but treats it as nonrefundable, ask in writing which it actually is. The label on the paperwork matters if this ends up in court.
The 30-Day Rule and the Presumption That Protects You
When the clock starts
Two things set it running: you surrender the property, and you give your landlord a written forwarding address.
That second one trips people up, so be clear about it. Your landlord’s obligation to refund or itemise does not begin until they have your address in writing. Send it by text or email so it is timestamped, and keep the copy.
But here is the part landlords sometimes fail to mention: you do not forfeit your deposit by not sending one. The statute says so directly. Not giving an address delays their duty; it does not cancel your right.
The itemised list requirement
If your landlord keeps any part of your deposit, they owe you a written description and itemisation of the deductions.
Not “cleaning and repairs, $650.” An actual breakdown of what was done and what each item cost.
One narrow exception: where you owe rent and there is no good-faith dispute about it, the itemisation requirement can fall away. So if you left owing undisputed rent, expect less paperwork.
Miss the 30 days, and bad faith is presumed
This is the strongest deposit protection of any state we cover
Texas law says a landlord who fails either to return the deposit or to provide a written itemisation on or before the 30th day after you surrender possession is presumed to have acted in bad faith.
And separately: in a suit you bring, the landlord has the burden of proving that keeping any part of the deposit was reasonable.
Put those together and the picture changes completely. You do not have to prove your landlord was unreasonable. They have to prove they were reasonable, starting from a presumption that they were not.
What bad faith unlocks: $100, plus three times the portion wrongfully withheld, plus your reasonable attorney’s fees. And a landlord who in bad faith fails to provide the itemisation can forfeit the right to withhold anything at all, and loses the right to sue you for damages.
So a landlord sitting on $900 past day 30 is not risking $900. They are risking your $900 back, plus $100, plus three times what they wrongly kept, plus your lawyer’s bill. On the full $900 that is around $3,700. Say that, calmly, in your demand letter.
What Can (and Cannot) Be Deducted
Normal wear and tear, as Texas defines it
Texas actually defines this in statute, which helps. Normal wear and tear means deterioration that results from the intended use of the property, excluding deterioration from negligence, carelessness, accident or abuse by the tenant, their household or their guests.
So the test is not “is it damaged.” It is “did this happen from living here normally, or from something someone did.”
Scuffs, paint, carpet: the arguments people actually have
| Usually normal wear and tear | Usually damage you can be charged for |
|---|---|
| Scuff marks on walls from normal living | Holes in walls, crayon, unapproved paint colours |
| Faded paint after years of occupancy | Paint damaged by smoke, grease or misuse |
| Worn carpet in hallways and doorways | Burns, pet stains, rips, missing sections |
| Small nail holes from hanging pictures | Anchors ripped out, cracked drywall |
| Minor scratches on worktops or floors | Deep gouges, chips, burn marks |
| Loose handles, worn hinges | Broken doors, missing fittings, damaged blinds |
| Grout dulled with age | Mould from a leak you never reported |
On repainting specifically, since people ask constantly: routine repainting between tenants is generally a landlord cost, because paint wears out. Repainting because of something you did is a different matter.
Age is worth raising, though be aware it is a practical argument rather than something the deposit statute spells out. Carpet does not last forever. If it was already years old when you moved in, being charged for full replacement is hard to square with the rule that deductions must reflect actual damages. Put the age of the item in writing and ask what they actually paid.
The Lease Traps to Check For
The move-out notice clause and the bold-print rule
Go and look at your lease. This one is worth money.
Lots of Texas leases say you forfeit your deposit unless you give advance notice before moving out. Thirty days, sixty days, whatever the clause says.
Texas law makes that condition effective only if the requirement is underlined or printed in conspicuous bold print in the lease.
So find that clause. If it is buried in ordinary text in paragraph 34, it may not be enforceable against you at all.
This is quietly one of the most useful things a Texas renter can check, and no landlord is going to point it out for you.
Other conditions your lease may hide
While you are in there, look for:
- Automatic charges for cleaning or carpet cleaning regardless of condition. These are often challengeable, since deductions should reflect actual damages.
- Nonrefundable “deposits.” Ask which it actually is.
- Fees stacked on top of your deposit at move-out.
- Any clause that tries to waive the 30-day rule or the penalty. Rights under this part of the code cannot simply be signed away.
How to Get Your Deposit Back: The Renter Playbook
Step 1: Before you move, photograph everything
Film or photograph every room after you have cleaned and emptied it. Floors, walls, appliances, inside the oven and fridge, the garage. Make sure the timestamps survive.
Ten minutes with your phone is the cheapest insurance a renter can buy. If you have move-in photos too, even better, because a side-by-side comparison ends most arguments.
Ask for a joint walk-through if your landlord will do one, and take notes.
Step 2: Send the forwarding address in writing
Do this before you hand over the keys. Email or text your new address so it is timestamped, and keep the copy.
This starts their clock. Without it, a landlord can say the 30 days never began, and you lose your best argument.
Step 3: The demand letter, citing the presumption
If day 30 passes with nothing, write. Keep it calm and factual:
- Your name, the property address, and your tenancy dates
- The deposit amount and the date you surrendered the property
- The date you sent your written forwarding address
- That more than 30 days have passed with no refund and no itemised list
- That under Texas Property Code 92.109 bad faith is presumed in these circumstances
- That the remedy is $100, three times the amount wrongfully withheld, and your reasonable attorney’s fees
- A clear deadline, such as 10 days, and your forwarding address again
- That you will file in justice court if it is not resolved
Send it by email and by post, and keep proof of both. Plenty of deposits arrive within a week of a letter like this, because the maths is not in the landlord’s favour and most of them know it.
Step 4: Challenging a deduction
If you got an itemised list but disagree with it, reply in writing, item by item. For each one say what you dispute and why: it is normal wear and tear as Texas defines it, the item was already old, the amount exceeds the actual cost, or the work was never done.
Attach your move-out photos. Ask for the invoices. Then propose a specific figure you would accept, because landlords settle far more often when there is a number on the table.
Step 5: Justice court
Justice court is built for exactly this. Filing fees are modest, you do not need a lawyer, and a hearing comes within weeks.
Bring your lease, the deposit receipt, move-in and move-out photos, your forwarding address message with its timestamp, the itemisation if you got one, your demand letter, and proof you sent it.
The attorney’s fees provision also means some lawyers will take these cases, since the fees are recoverable from the landlord. It is worth asking.
Waiting on a deposit while the next rent is due?
A free two-minute check shows which Texas programs may be able to help with rent right now. No cost, no credit card.
Check My Eligibility FreeRenting Without a Deposit: The Monthly Fee Option
Some Texas landlords now offer a monthly fee instead of a deposit. Pay a smaller amount every month and skip the lump sum at the start.
Texas has a specific statute for this, Property Code 92.111, and it gives you more than most renters realise.
Your rights if you are offered a fee instead of a deposit
- Your landlord must tell you in writing that you can choose to pay a normal security deposit instead, and what each option costs.
- You can stop paying the fee at any time and switch to a deposit. That right must be in the written notice too.
- Your landlord cannot charge you for normal wear and tear.
- If anything is deducted, you are owed an itemised written description within 30 days of surrendering the property, just like a deposit.
- Where the fee buys insurance and the insurer pays your landlord, your landlord cannot then bill you for the same amounts.
- Crucially, if the arrangement does not meet the statute’s conditions, the fee is treated as a security deposit and all the protections in this guide apply, including the 30-day rule and the 3x penalty.
So the honest picture is more balanced than “never do it.” Things to weigh:
- The fee is normally not refundable unless your agreement says otherwise.
- Over a long tenancy it can total more than a deposit would have.
- It generally funds insurance for your landlord, not protection for you. The insurer may still come after you for what it paid, though there is a time limit on that.
If cash at move-in is the problem, it may still be the right call. Do the arithmetic over the length of your lease, ask for the written notice of both options, and keep it.
If the Property Is Sold
Your deposit does not disappear when a rental changes hands. Texas law addresses what happens on a transfer of ownership, and the duties around your deposit carry forward.
If a new owner tells you they never received your deposit, that is a dispute between them and the previous owner, not a reason for you to lose the money. Write to both, keep copies, and say clearly that you expect your deposit accounted for under Chapter 92. If it is not resolved, justice court is still the venue.
Where to Get Help
Texas Law Help, legal aid, and the law library
TexasLawHelp.org has plain-language guides and a demand letter template. The Texas State Law Library publishes reliable statute guides on deposits. Legal aid organisations help low-income renters free, and the Texas Legal Services Center hotline is 855-270-7655.
Your justice court clerk can explain how to file, the fee, and whether a fee waiver is available.
Texas rental assistance programs
If a withheld deposit has left you short for the next place, dial 211. Some county programs and charities help with deposits and first month’s rent, not just arrears.
A free eligibility check against 100+ Texas rental assistance programs takes about two minutes.
Related: Texas renters rights for the wider picture, and Texas eviction laws where a deposit dispute overlaps with a move-out.
Texas Security Deposit FAQ
What happens if my deposit is not returned in 30 days in Texas?
Your landlord is presumed to have acted in bad faith. Texas Property Code 92.109 says a landlord who fails either to refund the deposit or to provide a written itemisation on or before the 30th day after you surrender possession is presumed to have acted in bad faith, and the burden shifts to them to prove any retention was reasonable. Bad faith means $100, three times the amount wrongfully withheld, and your reasonable attorney’s fees. Send a demand letter citing the presumption, then file in justice court.
Can a landlord charge you for painting after you move out in Texas?
Not for routine repainting between tenants. Paint wears out through normal use, and Texas defines normal wear and tear as deterioration from the intended use of the property, excluding damage from negligence, carelessness, accident or abuse. So faded or scuffed paint after a normal tenancy is generally the landlord’s cost. If you painted walls a colour the lease did not allow, or the paint was damaged by smoke, grease or misuse, that is a different matter and can be charged.
Are scuff marks on walls wear and tear in Texas?
Usually yes. Scuff marks from ordinary living are the classic example of normal wear and tear under the statutory definition, which covers deterioration from the intended use of the property and excludes damage caused by negligence, carelessness, accident or abuse by you, your household or your guests. Holes, crayon, deep gouges and unapproved paint are damage. If you are being charged for scuffs, dispute it in writing, attach your dated move-out photos, and point out that deductions must reflect actual damages rather than routine turnover costs.
Is there a limit on security deposits in Texas?
No, not for private rentals. Texas places no cap on how much a landlord can charge as a security deposit, which is unusual and means the amount is a negotiating point before you sign rather than something the law will fix afterwards. Public and subsidised housing has its own rules, so ask your housing authority if that applies to you. Once you have paid, all the protections apply regardless of size: the 30-day return rule, the itemisation requirement, the bad-faith presumption, and the $100 plus three times penalty.
Do I lose my deposit if I forgot to give a forwarding address?
No. Texas Property Code 92.107 is explicit that a tenant does not forfeit the right to a refund, or to a written description of damages and charges, merely for failing to give a forwarding address. What it does mean is that your landlord’s obligation to act is not triggered until they have your address in writing, so the 30-day clock may not have started. The fix is simple: send it now in writing, keep proof, and count 30 days from then.