Under Property Code §92.107, the landlord is not obligated to return the deposit or to itemise deductions “until the tenant gives the landlord a written statement of the tenant’s forwarding address for the purpose of refunding the security deposit.” The address is therefore the key that starts the 30-day refund clock in §92.103 — and the statute adds that the tenant “does not forfeit the right to a refund … merely for failing to give a forwarding address.” The landlord’s job is to ask for it in writing, early, and to keep proof of when it arrived.
Why it is worth a form
- It fixes the date the refund is due: 30 days after surrender or, if later, after the address is received.
- It gives the landlord a place to mail the accounting; §92.1041 presumes timely compliance from a postmark, and an envelope needs an address.
- It settles where notices go if a balance is owed after the deposit is exhausted.
- It defeats a later claim that the landlord “never sent anything” — the mailing matches the address the tenant supplied.
Collecting it
- Put a forwarding-address line in the lease’s move-out clause and in the move-out instructions sent 30 days before the end.
- Provide a one-line form at the key handover: name, new address, date, signature.
- Accept e-mail if you have corresponded by e-mail before — §92.113 permits deposit notices by e-mail in that case — and save the message.
- If no address arrives, send a request to the last known e-mail and hold the deposit; do not treat silence as forfeiture.
What the landlord should not do
Do not condition the refund on anything the statute does not allow. §92.103(b) permits one extra condition — advance notice of surrender — and only if the clause is underlined or in conspicuous bold. A clause that makes the forwarding address a forfeiture trigger contradicts §92.107(b) and is unenforceable.
Frequently asked questions
Does a Texas tenant lose the deposit by not giving a forwarding address?
No. The landlord’s obligation is delayed until the address arrives, but the right to the refund survives (Property Code §92.107).
Can the forwarding address be given by e-mail?
Yes, if landlord and tenant have previously communicated by e-mail, under §92.113 (effective September 1, 2025); keep the message (Property Code §92.113).
When does the 30-day clock start if the address comes late?
The refund is due 30 days after surrender, but the landlord is not obligated until the written address is received; in practice the clock runs from the later of the two (Property Code §§92.103, 92.107).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Security deposits ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.