Missed the 30-Day Security Deposit Deadline in Texas?

In Texas, you have 30 days after the tenant surrenders the premises to refund the security deposit and provide a written itemization of any amounts you kept — and you owe nothing until the tenant has given you a written forwarding address (Tex. Prop. Code §§ 92.103, 92.107). If that date has passed, the fix is not to wait longer or to keep negotiating: send the refund and the itemized statement immediately, keep proof of what you sent and the date you sent it, and read the statute so you understand the consequences it sets for a late return. The statute controls what happens next, not your intentions or your explanation.

1. Confirm whether the clock ever started

Before you assume you're late, pin down two facts.

1. The date the tenant surrendered the premises. The 30 days run from surrender, not from the last day of the lease term and not from the day you got around to inspecting. If your records disagree with the tenant's, gather what you have: the date you received keys, the move-out inspection you performed, texts or emails about handover, a signed move-out form.
2. Whether you received a written forwarding address. Under §§ 92.103, 92.107, you owe nothing until the tenant gives one in writing. If you never received one, check your email, texts, mail, and any tenant portal messages carefully before concluding you didn't — a forwarding address inside an email or a text may still be in writing.

If you did receive a written forwarding address and the 30 days from surrender have run out, treat yourself as late and move to the next step today. If you're unsure how the statute applies to your exact sequence of events, read the text of Tex. Prop. Code §§ 92.103, 92.107 and our plain-English summary of Texas security deposit laws.

2. Count the deadline on a real calendar

Do this on paper or in a calendar app rather than in your head. Write down the surrender date, then count forward to the same date the following month.

Hypothetical example: a tenant hands back the keys and vacates on June 3 and emails you a forwarding address on June 5. Your deadline is July 3. If it is now July 18, you are past the deadline and every additional day of delay is avoidable.

Second hypothetical: the tenant vacates on March 15 but doesn't send a forwarding address in writing until April 2. The statute says you owe nothing until that written address arrives, so read §§ 92.103, 92.107 before deciding which date drives your calendar — the interaction between surrender and the forwarding address is set by the statute, not by custom.

Whatever date you land on, put it in writing in your file with a one-line note on how you calculated it. If you end up in a disagreement later, a contemporaneous note beats a reconstruction from memory.

3. Send the money and the itemized statement the same day

Do not send the check now and the itemization later, and do not hold the refund while you price out a repair. Put both in one envelope today.

• The refund — the portion of the deposit you are not keeping, made out to the tenant, mailed to the written forwarding address they gave you.
• The written itemization — a line-by-line list of each amount you deducted and what it was for. One line per item, with the dollar figure next to it. "Cleaning and repairs — $640" is not an itemization; "carpet cleaning, unit 2B — $185" is.
• Supporting documents — copies of invoices, receipts, or contractor estimates for each deduction line. Not required by anything stated here, but it turns a disputed number into a documented one.

What you are allowed to deduct, how the itemization must read, and what the statute does when a landlord returns the deposit late are all governed by Tex. Prop. Code §§ 92.103, 92.107. Read those sections in full before you finalize your deductions — a late refund plus a deduction the statute doesn't support is a worse position than a late refund alone.

4. Create proof of the date you sent it

Once you're past the deadline, the date you sent the refund becomes the most important fact in your file. Build proof of it on the way out the door, not afterward.

1. Mail the packet by a method that generates a dated receipt — certified mail with return receipt is the usual choice. Keep the receipt and the tracking number.
2. Photograph or scan the complete packet before you seal it: the check (front), the itemization, and the enclosures.
3. Photograph the addressed, stamped envelope.
4. If you also email a copy, send it to the tenant's address of record and keep the sent message. Email is a supplement to the mailing, not a substitute for sending to the written forwarding address.
5. Save everything in one folder named for the unit and move-out date.

5. Write a short, factual cover letter — and nothing more

One page. State the unit address, the move-out date, the total deposit held, the deductions by line, the amount enclosed, and the date of the letter. Skip the apology essay, skip the explanation of why you were late, and skip any characterization of the tenant's conduct. Anything you write can be read back to you later, so keep it to verifiable facts and numbers.

If the tenant has already contacted you demanding the deposit or threatening a claim, answer in writing with the same facts and enclose the packet. Our guide to resolving security deposit disputes without filing walks through how to respond when a move-out disagreement is already live.

6. Read the statute before you decide what to do about the consequences

Texas sets the consequences of a late or improper deposit return in Tex. Prop. Code §§ 92.103, 92.107. Those consequences are statutory — they are not something you can assess from a blog post, and they may depend on facts specific to your situation. Read both sections yourself, and if the tenant has raised a claim or the amount at stake is significant to you, have a Texas attorney look at your file. This article is general information, not legal advice.

7. Fix the process so the next move-out isn't a scramble

Almost every missed deposit deadline traces back to one of three gaps. Close all three this week.

• No move-out trigger. The day you learn a tenant is leaving, create a calendar entry for the deposit deadline and a second reminder well before it. Recalculate the date once you know the actual surrender date.
• No condition record. Deductions are only as good as the before-and-after evidence. Dated move-in and move-out inspection checklists with photos — the kind Rentmark stores alongside each lease — let you itemize with something to point at instead of an opinion.
• A lease that doesn't say where notices and forwarding addresses go. Because the written forwarding address controls when you owe anything, your lease should tell tenants exactly where to send it. Review your Texas lease agreement language, and if your document is inherited or years old, the checklist in How to Write a Rock-Solid Residential Lease Agreement will show you what's missing.

One more housekeeping item: Texas has no statutory cap on the deposit amount, so the size of what you collected isn't the problem here — the timing and the paperwork are. If you rent in more than one state, check each one's rules with our security deposit limit checker before your next lease signing.

Frequently asked questions

Should I still send the refund if I'm already weeks past the deadline?

Yes. Send the refund and the itemized statement as soon as you can, and document the date you sent them. Waiting longer doesn't improve your position, and the record of when you finally complied is worth having.

The tenant never gave me a forwarding address. Am I late?

Under Tex. Prop. Code §§ 92.103, 92.107, you owe nothing until the tenant gives a written forwarding address. Search your records thoroughly before concluding you never got one, and read the statute for how the requirement applies.

Can I email the itemized statement instead of mailing it?

The statute sets the requirements for the refund and the itemization, so read §§ 92.103, 92.107 rather than relying on convenience. Mailing to the written forwarding address with a dated receipt gives you proof of delivery; emailing a copy in addition is fine.

What if I discover damage after I've already sent the refund?

Sending late and then trying to claw money back rarely works out. Deal with it as a separate claim, and rely on your dated move-in and move-out condition records rather than on the deposit you've already returned.