Texas Security Deposit Law: Prop. Code § 92.109 Treble Damages

Texas Property Code Chapter 92, Subchapter C

Security deposit recovery in Texas is governed by Texas Property Code §§ 92.101 through 92.109. Texas law provides severe statutory remedies against landlords who fail to account for tenant deposits in good faith.

The 30-Day Return Requirement

Under Tex. Prop. Code § 92.103, a landlord must refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

The Written Forwarding Address Prerequisite

Under § 92.107, the landlord is not obligated to return the deposit or provide an itemized list until the tenant provides a written statement of the tenant's forwarding address. Always send this via certified mail or trackable email immediately upon moving out.

Presumption of Bad Faith & Treble Damages

Under § 92.109, a landlord who fails either to return a deposit or to provide an itemization on or before the 30th day is legally presumed to have acted in bad faith. The landlord is liable for:

• An amount equal to the sum of $100;
• Three times (treble) the portion of the deposit wrongfully withheld; and
• The tenant's reasonable attorney's fees and court costs.