Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.109
LIABILITY OF LANDLORD.
Operative Text
Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith. Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Texas Property Code § 92.109 establishes financial consequences for landlords who wrongfully handle security deposits. A landlord who acts in bad faith by retaining a deposit without justification can be held liable for $100 plus three times the wrongfully withheld amount, along with the tenant's reasonable attorney's fees. Separately, a landlord who fails in bad faith to provide a written, itemized list of deductions loses the right to withhold any portion of the deposit or to sue the tenant for damages. Failing to return the deposit or provide an itemized statement within 30 days of the tenant surrendering possession creates a legal presumption of bad faith.
Plain English — not legal advice.
Under § 92.109, compliant operators generally return a security deposit or provide a written, itemized description of any deductions within 30 days of a tenant surrendering possession. Landlords who miss this deadline face a legal presumption of bad faith, which shifts the burden of proof onto them to demonstrate that any retention was reasonable. Maintaining thorough move-out documentation and adhering strictly to the 30-day window are practices associated with compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 92.109 of the Texas Property Code gives tenants meaningful remedies when a landlord wrongfully withholds a security deposit. If a landlord acts in bad faith, a tenant may be entitled to recover $100, three times the wrongfully withheld amount, and reasonable attorney's fees through a civil suit. Tenants who believe their deposit was improperly handled can explore options such as filing in small claims court, contacting a local tenant-rights organization, or consulting with a licensed Texas attorney to understand available enforcement paths.
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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