Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.1041
PRESUMPTION OF REFUND OR ACCOUNTING.
Operative Text
Sec. 92.1041. PRESUMPTION OF REFUND OR ACCOUNTING. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Added by Acts 1995, 74th Leg., ch. 744, Sec. 4, eff. Jan. 1, 1996.
Under Texas Property Code § 92.1041, a landlord who mails a security deposit refund or an itemized accounting of deductions is legally presumed to have met the deadline — as long as the envelope is postmarked by the United States Postal Service on or before the date required by the subchapter. The rule creates a 'mailbox' presumption: the act of mailing, not the act of the tenant receiving the item, determines whether the landlord complied on time. This provision applies specifically to the security deposit return and accounting obligations found within Subchapter C of Chapter 92 of the Texas Property Code.
Plain English — not legal advice.
Property owners and managers operating under Tex. Prop. Code § 92.1041 generally retain proof of mailing — such as a USPS Certificate of Mailing or Certified Mail receipt — to document that the security deposit refund or written accounting was postmarked on or before the statutory deadline. Compliant operators typically send the refund or itemized deduction statement via a trackable mail method so that the postmark date is verifiable if a dispute arises. Keeping copies of the mailed documents alongside the postmark evidence is a standard practice that supports the presumption established by § 92.1041.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Tex. Prop. Code § 92.1041, a landlord who places a refund or accounting in the mail by the required deadline is presumed to have complied with the law — even if you receive it late or claim you never received it. Tenants who believe a landlord did not actually mail the refund or accounting by the required date may wish to gather any evidence bearing on the postmark or mailing date, such as the envelope itself. Tenant-rights organizations in Texas can help explain how this presumption interacts with other security deposit protections under Chapter 92, and what options may be available when the presumption is disputed.
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.
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