The Texas deposit clock is 30 days from surrender, and it starts only when the tenant has given a written forwarding address. Property Code §92.103 says the landlord “shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises,” and §92.107 says the landlord “is not obligated to return a tenant’s security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant’s forwarding address.” Missing the deadline in bad faith costs $100, three times the amount wrongfully withheld and attorney’s fees (§92.109). The timeline below is built around those three sections.
The timeline
| When | Event | Rule |
|---|---|---|
| Before move-out | Landlord may require advance notice of surrender as a refund condition only if the clause is underlined or in conspicuous bold | §92.103(b) |
| Surrender | Tenant vacates and returns keys; the 30-day clock starts — but see the forwarding-address rule | §92.103(a) |
| Forwarding address | Tenant gives it in writing; without it the landlord’s obligation is suspended, not cancelled | §92.107 |
| Day 30 | Refund, or balance plus a written, itemised list of deductions, in the mail and postmarked by day 30 | §§92.104, 92.1041 |
| Exception | No itemised list required if the tenant owes rent at surrender and there is no controversy over the amount | §92.104(c) |
| Bad faith | $100 + 3× wrongfully withheld + fees; landlord who fails to itemise in bad faith forfeits the right to withhold anything | §92.109 |
| Presumption | Landlord who keeps a deposit or fails to account within 30 days is presumed to act in bad faith | §92.109(d) |
Surrender: the date that matters
Surrender is a fact, not a lease date: the day the tenant moves out and gives up possession. Record it in writing — a signed key receipt is the simplest — because every later deadline counts from it. A tenant who leaves without notice has still surrendered when the landlord regains possession; the clock runs from then.
E-mail and the mailbox rule
§92.1041 presumes the refund or accounting was made on time if it “is placed in the United States mail and postmarked on or before the required date.” Since September 1, 2025, §92.113 also allows deposit notices by e-mail where the parties “have previously communicated by e-mail”; use both — the postmark for the presumption, the e-mail for speed — and keep proof of each.
Records
§92.106 requires “accurate records of all security deposits.” A one-line entry per tenancy — amount, date received, surrender date, forwarding-address date, refund date, deductions — meets it and answers any later claim.
Frequently asked questions
How long does a Texas landlord have to return a deposit?
30 days after the tenant surrenders the premises, once the tenant has given a written forwarding address (Property Code §§92.103, 92.107).
What if the tenant never gives a forwarding address?
The landlord’s duty to refund or account is suspended until the address arrives; the tenant does not forfeit the deposit, and the landlord should keep it ready (Property Code §92.107).
What is the penalty for a late or bad-faith refund?
$100, three times the amount wrongfully withheld and attorney’s fees; failing to itemise in bad faith also forfeits the right to withhold anything or sue for damage (Property Code §92.109).
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.