Skip to main content

Tex. Prop. Code § 92.109: Failure to return/itemize within 30 days creates presumption of bad faith

Compare this Texas source with your dates, records, and the conditions that apply to your rental.

Reviewed: 2026-08-11

How sources are checked →

Deadline context

30 days

Possible remedy

$100 + 3x wrongfully withheld for bad faith

Primary statute

Tex. Prop. Code § 92.103-92.109

Official section source

What the cited source addresses

Failure to return/itemize within 30 days creates presumption of bad faith.

Read the current official section

How to review this source with your facts

  • Capture all dates and documents tied to this statutory requirement.
  • Read the current official text, coverage, exceptions, and definitions.
  • Keep any written request factual and preserve the response.

Frequently asked questions

Questions to compare with the current source before using the citation in a letter or filing.

What does Tex. Prop. Code § 92.109 address?

Failure to return/itemize within 30 days creates presumption of bad faith. Open the current official text to check coverage, definitions, and exceptions for your situation.

How long does a Texas landlord have to return the deposit?

30 days after the tenant surrenders the premises; the landlord's duty to return is suspended until the tenant gives a written forwarding address (30 days).

Could a penalty or other remedy apply?

$100 plus 3x the portion wrongfully withheld and reasonable attorney fees upon a bad-faith finding. Check the source's required facts, conditions, notices, defenses, and remedy language before relying on it.

Next steps

Check the current source, calculate the relevant dates, and organize the records you may reference.