Returning a security deposit in Texas
A Texas landlord has 30 days after the tenant surrenders the premises and gives a forwarding address to refund the deposit or send an itemized list of deductions.
The deadline
Property Code 92.103 sets 30 days after surrender. Under 92.107 the clock does not start until the tenant gives a written forwarding address, but the tenant does not forfeit the deposit by failing to give one.
What you may deduct
Unpaid rent, charges the lease allows, and damage beyond normal wear and tear (92.104). Normal wear and tear is deterioration from ordinary use without negligence, carelessness, accident or abuse (92.001(4)).
The itemized list
Send a written description and itemized list of every deduction with the balance refunded. A lease condition that the tenant give advance notice of surrender to get the deposit back must be underlined or in conspicuous bold print.
Bad faith
A landlord who retains a deposit in bad faith owes $100, three times the amount wrongfully withheld, and attorney fees (92.109). Failing to send the itemized list forfeits the right to withhold anything and to sue for damages.
Questions landlords ask
Can I keep the deposit for unpaid rent in Texas?
Yes, if the lease allows it and you itemize it. You still owe the itemized list within 30 days.
Is there a cap on security deposits in Texas?
No. Texas has no statutory cap, no receipt requirement, and no interest requirement.
What if the tenant never gives a forwarding address?
You are not obligated to send the refund or the list until they do, but the deposit remains theirs.
Sources
Related
Texas Notice provides forms and information. These forms and this website are not a substitute for the advice of an attorney.