Free Texas Security Deposit Disposition Statement
Texas security deposit disposition statement under Texas Property Code §92.103. Required within 30 days of tenant surrender + forwarding address. Bad-faith retention triggers $100 + 3x wrongfully withheld + attorney fees under §92.108.
Free Texas Security Deposit Disposition Statement — overview
A Texas Security Deposit Disposition Statement is the statutory disposition statement required under Texas Property Code §92.103. Within 30 days of tenant surrender of premises (with forwarding address provided), the landlord must return the deposit (or written itemized list of deductions plus any balance).
Complete the Security Deposit Disposition Statement
Complete the form below to generate a Texas Security Deposit Disposition Statement. Required within 30 days of tenant surrender AND providing forwarding address. Itemize every deduction with specificity. Bad-faith retention triggers significant penalties under §92.108.
⚠ Security deposit handling is one of the most-litigated areas of landlord-tenant law
Courts strictly enforce statutory itemization, timing, and notice requirements. Texas TPC §92.108 imposes $100 + 3x wrongfully withheld amount + attorney fees for bad-faith retention. Tenant must prove bad faith. Document every charge with photos, receipts, and inspection records. Consult a Texas attorney for high-value disputes.
1. Parties
2. Rental Property & Lease
3. Security Deposit Held
4. Itemized Deductions
Itemize each charge with specific description. Vague entries (e.g., “cleaning” without detail) can be challenged. Wear-and-tear is NOT chargeable in any state. Attach receipts, photos, and contractor estimates.
5. Net Return to Tenant
6. Landlord / Agent Signature
About the Texas Security Deposit Disposition Statement
Texas Property Code Subchapter D (§§ 92.101-92.110) governs security deposit handling. The landlord must refund the deposit, or provide a written itemized list of deductions plus any net balance, within 30 days of tenant surrender of premises AND tenant providing a forwarding address in writing. The 30-day clock does NOT start until both conditions are met. Texas presumes good faith on the landlord’s part – the tenant bears the burden of proving bad-faith retention. However, if proven, the penalties under §92.108 are significant: forfeiture of the right to withhold ANY portion of the deposit + $100 + three times the wrongfully withheld amount + reasonable attorney fees. Common Texas disposition pitfalls: starting the 30-day clock too early, vague itemization, deducting non-chargeable wear-and-tear, and failure to support charges with receipts.
Texas Security Deposit Framework
- Statute: Texas Property Code §92.103 (refund within 30 days)
- Deadline trigger: tenant surrender + forwarding address in writing
- Deadline: 30 days from both conditions being met
- NOT chargeable: ordinary wear-and-tear
- Bad-faith penalty: $100 + 3x wrongfully withheld + attorney fees (§92.108)
- Tenant bears burden of proving bad faith
Penalties for Improper Handling
Texas Property Code §92.108 provides substantial penalties for bad-faith retention of a security deposit: the landlord forfeits the right to withhold any portion of the deposit, plus pays $100, plus three times the amount wrongfully withheld, plus reasonable attorney fees. The tenant bears the burden of proving bad faith – meaning the landlord acted with intent to defraud or in conscious disregard of the tenant’s rights. Mere negligence or honest error is not bad faith under Texas law. However, certain factors raise a presumption of bad faith: failure to provide itemization at all, retention of obviously non-chargeable items (wear-and-tear), or failure to return the deposit when no claim could reasonably be supported. Best practice: itemize every charge with specificity, attach supporting documentation, deliver within 30 days of tenant surrender + forwarding address, and keep records of everything.
Best Practices
- Document with photos. Move-in and move-out photos are powerful evidence in any deposit dispute.
- Keep receipts. Charges must be supported by actual costs – retain invoices, contractor estimates, and receipts.
- Distinguish wear-and-tear from damage. Normal wear-and-tear is NOT chargeable in any state. Faded paint, minor carpet wear, and small nail holes are typically not chargeable.
- Time everything precisely. Most states have strict statutory deadlines from move-out for itemization and return. Missing the deadline can forfeit ALL deduction rights.
- Send by trackable method. Certified mail with return receipt is the gold standard – establishes both delivery and receipt date.
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⚖ Legal Disclaimer
This form is provided for general informational purposes only and does not constitute legal advice. Security deposit handling is procedurally strict; improper itemization, timing, or notice can result in statutory penalties (often double or triple the deposit amount plus attorney fees). For Texas guidance, visit TX Attorney General Consumer Protection and review Texas Property Code Chapter 92. Consult a qualified Texas attorney for high-value disputes.
