Texas: no statutory deadline — but a landlord who acts in bad faith owes you 3× the deposit + $100 + attorney’s fees. Claim the penalty — $29

Texas · State-specific documents

In Texas, bad-faith landlords owe you 3× the deposit + $100.

Texas Property Code § 92.109 is unusual: there is no fixed deadline for returning a deposit — but a landlord who retains it in bad faith is liable for $100 + three times the portion wrongfully withheld + attorney’s fees. The penalty is one of the harshest in the country.

No deadline doesn’t mean no pressure. Your written demand starts the clock.

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3.9M

Renter households in Texas

+110K

Net renter migration in 2026

3×

Treble damages for bad-faith retention

Texas’s specific rules.

Texas doesn’t impose a fixed deposit-return deadline. Instead, it gives tenants one of the strongest bad-faith penalties in the country. Here’s what applies to you.

Tex. Prop. Code § 92.103

No fixed deadline — but a reasonableness standard

Texas does not impose a fixed number of days for returning the deposit. Instead, the landlord must return it within a reasonable time after the tenant surrenders the premises and provides a forwarding address.

What counts as “reasonable” depends on the facts — but courts have generally treated 30 days as the outer limit.

Tex. Prop. Code § 92.109(a)

Bad faith penalty: $100 + 3× + attorney’s fees

A landlord who retains a deposit in bad faith is liable for:

$100 + three times the portion wrongfully withheld + reasonable attorney’s fees.

This is one of the harshest deposit penalties in the United States. The treble damages are automatic once bad faith is established.

Tex. Prop. Code § 91.001

Notice period: 30 days (month-to-month)

For a month-to-month tenancy in Texas, either party must give 30 days’ written notice to terminate.

For a fixed-term lease, Texas requires no advance notice unless the lease says otherwise — the lease simply ends on the last day.

Tex. Prop. Code § 92.104

Itemized deductions required

If the landlord retains any portion of the deposit, they must provide a written, itemized list of deductions along with the balance.

If the tenant doesn’t provide a forwarding address, the landlord is not obligated to return the deposit — which is why our kit includes a forwarding-address letter with certified mail.

Joint and several liability

You’re on the hook for their share

Texas leases default to joint and several liability. If your roommate stops paying after moving out, your landlord can pursue you for the full remaining rent.

Tex. Prop. Code § 91.005

Subletting: landlord’s consent required

Unless the lease says otherwise, a Texas tenant may not sublet without the landlord’s consent. To be released from the lease, you need the landlord’s written release.

What happens in Texas if you do nothing.

A factual sequence — not a worst case. The standard outcome of a roommate departure without documentation.

Day 1

Your roommate moves out — no written notice on file.

No date. No forwarding address. Nothing that can be produced later.

Day 30

Reasonable period passes — silently.

Texas has no fixed deadline, but 30 days is the outside edge of “reasonable.” Failure to return now triggers bad-faith exposure under § 92.109 — but only if demanded.

Day 45

Next rent notice arrives short.

You cover the gap. There’s no written agreement requiring reimbursement.

Day 90

Court summons. Judgment filed.

Joint and several liability. A Texas judgment can follow you for years. Everything before this was preventable.

What you lose if you don’t act.

Average amounts Texas tenants are exposed to when they leave a shared lease without documents.

Three numbers most Texas tenants never see coming.

$9,600 Average remaining rent a Texas landlord can pursue from any single tenant on the lease.
$1,800 Average Texas deposit forfeited when tenants don’t send the certified demand letter. Triple that in damages if the retention is in bad faith — plus $100 and attorney’s fees.
7 years How long a Texas judgment stays on your credit report — blocking future rentals, loans, and jobs.

What you get for Texas.

Each document is formatted to Texas statutes and personalized with your details. Depending on your situation, four to six documents.

Notice to Landlord of Tenant Departure

Cites Tex. Prop. Code § 91.001 and applies the correct 30-day notice for month-to-month tenancies.

Forwarding Address Letter

Standalone letter with certified-mail instructions — critical in Texas, where no forwarding address means no obligation to return the deposit.

Bad Faith Demand Letter

Cites the Tex. Prop. Code § 92.109 treble-damages remedy — $100 + 3× the withheld amount + attorney’s fees — the strongest leverage a Texas tenant can have.

Roommate Release Agreement

Three-party agreement signed by you, the remaining tenant(s), and the landlord.

Move-Out Documentation Checklist

Photo protocol, video timestamps, and key-return log to defend against damage claims and support a bad-faith argument.

New Occupant Addendum

Adds a replacement tenant to the lease with the landlord’s written consent, as required by Tex. Prop. Code § 91.005.

Claim the treble damages

Texas owes you $100 + 3× the deposit only if you demand it.

The bad-faith penalty isn’t automatic. Your landlord has to know you’ll claim it. Your documents will be ready in five minutes.

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Texas-specific questions.

How much notice do I need to give in Texas?

For a month-to-month tenancy, Texas requires 30 days’ written notice under Tex. Prop. Code § 91.001. For a fixed-term lease, no advance notice is required unless the lease says otherwise — the lease simply ends on its last day.

When does my landlord have to return my deposit in Texas?

Texas does not impose a fixed deadline. Under Tex. Prop. Code § 92.103, the landlord must return the deposit within a reasonable time after the tenant surrenders the premises and provides a forwarding address. Courts have generally treated 30 days as the outer edge of “reasonable.”

What is the bad-faith penalty in Texas?

Under Tex. Prop. Code § 92.109, a landlord who retains a deposit in bad faith is liable for $100 + three times the portion wrongfully withheld + reasonable attorney’s fees. This is one of the harshest deposit penalties in the United States. Our Bad Faith Demand Letter cites this statute directly.

What if I don’t give a forwarding address?

Under Texas law, if you don’t provide a forwarding address, the landlord is not obligated to return the deposit or send an itemized list of deductions. This is why our kit includes a standalone Forwarding Address Letter with certified-mail instructions — it’s the trigger that starts your rights under § 92.104.

Can my landlord charge more than one month’s rent as a deposit?

Texas does not cap security deposits by statute. Landlords can charge whatever the market and the lease agree on. This is different from California, New York, and several other states. However, the deposit is still subject to the bad-faith penalty of § 92.109 if wrongfully retained.

Can my landlord sue me for the remaining lease if my roommate stays?

Yes. Texas leases use joint and several liability by default. Your landlord can pursue any single tenant for the full remaining rent — regardless of who moved out. The only way to exit this liability is a signed release from the landlord, which our Roommate Release Agreement documents.

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Disclaimer: BreakupLease is not a law firm and does not provide legal advice. The information and documents provided are for educational and informational purposes only. Laws vary by state and change over time. No outcome is guaranteed. For advice specific to your situation, please consult a licensed attorney in your jurisdiction.