Section 92.109 - Liability of Landlord, Tex. Prop. Code § 92.109 (2024)

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Section 92.109 - Liability of Landlord, Tex. Prop. Code § 92.109? ›

Section 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.

Section 92.108 - Liability for Withholding Last Month's Rent (a) The tenant may not withhold payment of any portion of the last month's rent on grounds that the security deposit is security for unpaid rent. (b) A tenant who violates this section is presumed to have acted in bad faith.

(a) The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.

As such, to ensure that their properties still remain competitive most landlords charge their tenants a security deposit equeal to one month's rental amount. If a tenant's application is not as strong as an owner might need, the owner could ask for additional security deposit.

Under Texas law, you must give the landlord a forwarding address in order to receive your returned security deposit. The landlord must return your deposit — less any amount deducted for damages — within 30 days.