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

On or before the 30th day after the tenant surrenders the premises, under Texas Property Code Section 92.103. It is 30 calendar days, not business days.

Can a landlord deduct for normal wear and tear?

No. Section 92.104 prohibits retaining any portion of a security deposit for normal wear and tear. Only damage beyond ordinary use and charges the tenant is legally liable for may be deducted.

What happens if the tenant does not give a forwarding address?

The landlord's duty to refund is delayed until the tenant provides a written forwarding address, but the tenant does not lose the right to a refund.

What is the penalty if a landlord wrongfully withholds a deposit?

A landlord acting in bad faith is liable for $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees, under Section 92.109.

Does a landlord have to make repairs?

Yes. Under Section 92.052 a landlord must make a diligent effort to repair conditions that materially affect a tenant's physical health or safety, after proper notice and if the tenant is not behind on rent.

What safety devices must a Texas landlord provide?

Security devices include window latches, doorknob locks or keyed dead bolts, sliding-door pin locks and handle latches or security bars, keyless bolting devices, and door viewers under Subchapter D, subject to the statute's exceptions — plus smoke detectors under Subchapter F. All are at the landlord's expense and not waivable by the tenant.

Texas Real Estate Exam: Landlord-Tenant Law

TL;DR

Texas residential landlord-tenant law lives in Chapter 92 of the Texas Property Code. For the exam, the most testable rules are the security deposit timeline — the landlord must refund the deposit within 30 days after the tenant surrenders the premises — the rule that normal wear and tear cannot be deducted, the tenant's duty to give a written forwarding address, and the bad-faith penalties a landlord faces for wrongfully withholding a deposit. Also know the landlord's duty to repair conditions affecting health and safety, and the required security devices and smoke detectors. Expect this topic to appear through security-deposit, repair-duty, or safety-device scenarios.

Why landlord-tenant law is on the exam

Many Texas licensees handle leases, manage rental property, or represent landlords and tenants, so the state exam tests the core of residential tenancy law. The questions tend to cluster around security deposits, because that is where the statute sets precise numbers and clear consequences — exactly the kind of material a multiple-choice exam rewards. The governing law is Chapter 92 of the Texas Property Code, titled "Residential Tenancies." It applies to residential leases; commercial leases are handled separately and far more by negotiation. For how leasing fits into the wider scope of the exam, see our guide to listing agreements and their types and terms.

Security deposits: the 30-day rule

This is the single most tested point in the topic. Under Section 92.103 of the Texas Property Code, the landlord must refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. The deadline is 30 calendar days, not 30 business days, and the clock starts when the tenant actually gives up the premises.

There is one important condition. Under Section 92.107, the landlord is not obligated to return the deposit, or to give a written description of deductions, until the tenant provides a written statement of a forwarding address. But the statute is careful to protect the tenant: failing to give a forwarding address does not forfeit the tenant's right to a refund — it only delays the landlord's obligation until the address is provided. Stated precisely: Section 92.103 sets the refund deadline at 30 days after surrender, while Section 92.107 makes the written forwarding address a condition that delays the landlord's obligation. For exam purposes, treat the forwarding address as something that postpones the landlord's duty, but remember it never forfeits the tenant's right to the refund.

What a landlord can and cannot deduct

Section 92.104 governs deductions. Before returning a deposit, the landlord may deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching it — unpaid rent and damage beyond ordinary use are the common examples.

The hard limit is normal wear and tear. The landlord may not retain any portion of a security deposit to cover normal wear and tear — the gradual deterioration that results from ordinary, careful use. Carpet that is simply more worn after a year of normal walking is wear and tear; carpet ruined by a pet or a leak is damage. If the landlord keeps any part of the deposit, the landlord must give the tenant the balance along with a written, itemized description of the deductions. The one exception: that itemized list is not required if the tenant owed rent when surrendering the premises and there is no controversy about the amount of rent owed.

Bad faith and the penalty for wrongful retention

Section 92.109 gives the security deposit rules real force. A landlord who acts in bad faith in retaining a deposit is liable to the tenant for $100, plus three times the portion of the deposit wrongfully withheld, plus the tenant's reasonable attorney's fees in a suit to recover the deposit.

Two presumptions make this provision powerful. A landlord who fails either to return the deposit or to provide the written itemized accounting on or before the 30th day after surrender is presumed to have acted in bad faith. And in a tenant's lawsuit, the landlord carries the burden of proving that any retention was reasonable. In practice, this means a landlord who simply misses the deadline starts the dispute already presumed to be in the wrong. The same accuracy and accountability expected here echoes the broader fiduciary standards explained in our guide to Texas license law and its key rules.

The landlord's duty to repair

Chapter 92 also gives landlords a statutory duty to repair certain conditions. Under Section 92.052, a landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant, or a failure to provide and maintain hot water at a minimum temperature of 120°F, once the tenant has given proper notice and is not delinquent in rent. The landlord is generally not responsible for repairing damage caused by the tenant, the tenant's family, or guests — unless that damage itself resulted from normal wear and tear.

If a landlord fails to repair such a condition after the tenant follows the statutory procedure, the tenant has remedies. A justice court can order the landlord to repair or remedy a condition affecting health or safety, so long as the cost does not exceed $10,000, and a tenant may pursue that order without an attorney. The landlord also may not interrupt a tenant's utilities except for bona fide repairs, construction, or an emergency.

Required security devices and smoke detectors

Texas law requires landlords to provide specified safety equipment. Under Subchapter D of Chapter 92, a dwelling must be equipped with security devices: window latches, doorknob locks or keyed dead bolts on exterior doors, sliding-door pin locks and handle latches or security bars, and keyless bolting devices and door viewers where required by the statute — all installed and paid for by the landlord. Under Subchapter F, the landlord must provide smoke detectors, and a tenant may not waive that requirement or disable the device. If required security devices or smoke detectors are missing or defective, the tenant has the right to request installation or repair. These obligations cannot be bargained away in the lease.

Common misconceptions

"The landlord has 30 business days to return the deposit." Wrong. Section 92.103 sets 30 calendar days after the tenant surrenders the premises — not business days.
"A landlord can deduct for worn carpet and faded paint." Wrong. Normal wear and tear cannot be deducted from a security deposit. Only damage beyond ordinary use, and other charges the tenant is legally liable for, may be deducted.
"If the tenant never gives a forwarding address, they lose the deposit." Wrong. The tenant does not forfeit the right to a refund. The landlord's obligation is delayed until the written forwarding address is provided, not eliminated.
"Missing the 30-day deadline is a minor paperwork slip." Wrong. A landlord who misses it is presumed to have acted in bad faith and can owe $100 plus three times the wrongfully withheld amount plus the tenant's attorney's fees.

Frequently asked questions

How long does a Texas landlord have to return a security deposit?: On or before the 30th day after the tenant surrenders the premises, under Texas Property Code Section 92.103. It is 30 calendar days, not business days.
Can a landlord deduct for normal wear and tear?: No. Section 92.104 prohibits retaining any portion of a security deposit for normal wear and tear. Only damage beyond ordinary use and charges the tenant is legally liable for may be deducted.
What happens if the tenant does not give a forwarding address?: The landlord's duty to refund is delayed until the tenant provides a written forwarding address, but the tenant does not lose the right to a refund.
What is the penalty if a landlord wrongfully withholds a deposit?: A landlord acting in bad faith is liable for $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees, under Section 92.109.
Does a landlord have to make repairs?: Yes. Under Section 92.052 a landlord must make a diligent effort to repair conditions that materially affect a tenant's physical health or safety, after proper notice and if the tenant is not behind on rent.
What safety devices must a Texas landlord provide?: Security devices include window latches, doorknob locks or keyed dead bolts, sliding-door pin locks and handle latches or security bars, keyless bolting devices, and door viewers under Subchapter D, subject to the statute's exceptions — plus smoke detectors under Subchapter F. All are at the landlord's expense and not waivable by the tenant.

Bottom Line

Texas landlord-tenant law on the exam is mostly Chapter 92, and a handful of precise facts carry the topic. The security deposit must be refunded within 30 calendar days of surrender; normal wear and tear can never be deducted; the tenant must give a written forwarding address but never forfeits the refund; and a landlord who withholds in bad faith faces $100 plus triple damages plus attorney's fees. Add the duty to repair health-and-safety conditions and the required security devices and smoke detectors, and you have the chapter's testable core. Keep building your command of the tested material with our Texas real estate exam blueprint.

Source: Texas Property Code Chapter 92, Residential Tenancies, statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm; Texas State Law Library, Landlord/Tenant Law — Security Deposits, guides.sll.texas.gov/landlord-tenant-law/security-deposits; Office of the Texas Attorney General, Renter's Rights, texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights.