Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.103
OBLIGATION TO REFUND.
Operative Text
Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.(b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.(c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 744, Sec. 3, eff. Jan. 1, 1996.
Under Tex. Prop. Code § 92.103, a landlord is generally required to return a tenant's security deposit within 30 days after the tenant surrenders the rental premises, subject to the exceptions outlined in § 92.107. Any lease clause requiring the tenant to give advance notice before surrendering the unit—as a condition of getting the deposit back—is only enforceable if that clause is underlined or printed in conspicuous bold print in the lease. Notably, a tenant's right to the security deposit takes priority over the claims of the landlord's creditors, including a bankruptcy trustee.
Plain English — not legal advice.
Under § 92.103, compliant operators track the date a tenant surrenders the premises and initiate the refund process promptly to meet the 30-day deadline. If a lease includes an advance-notice-of-surrender clause tied to deposit refunds, that clause must be underlined or in conspicuous bold print to be enforceable—standard-weight text is not sufficient. Operators also maintain clear records of deposit amounts, since those funds are protected from creditor claims even in bankruptcy proceedings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.103 gives tenants the right to receive their security deposit back within 30 days of surrendering the rental unit, unless an exception under § 92.107 applies. If a lease contains an advance-notice requirement for the deposit refund, tenants can check whether that clause is actually underlined or in conspicuous bold print—if it is not, the requirement may not be enforceable. Tenants who believe their deposit has been wrongfully withheld may consider contacting a local tenant-rights organization, reviewing the remedies available under the broader Tex. Prop. Code §§ 92.001–92.355 framework, or consulting with a licensed Texas attorney about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation