💰 Texas Security Deposit Notice
Advance Notice Requirement – Texas Property Code § 92.103
⚠️ When Is This Notice Required?
ONLY if your lease requires tenant give advance notice for deposit refund:
- Optional provision: Not automatically required by law
- If in lease: If lease says “tenant must provide forwarding address within X days to get deposit back”
- Must be in writing: Tenant’s forwarding address notice must be written
- Not required if lease silent: If lease doesn’t mention advance notice, this isn’t needed
- 30-day rule still applies: Landlord still must return/itemize within 30 days of move-out
📋 Purpose of This Notice
Tenant provides forwarding address for deposit return:
- Where to send deposit: Tells landlord where to mail refund/itemization
- Satisfies lease requirement: If lease requires advance notice
- Creates paper trail: Proof tenant complied with lease terms
- Protects tenant: Ensures landlord has correct address
- Protects landlord: Shows tenant was given opportunity to provide address
🚨 Important – Texas Deposit Law
Key requirements under § 92.103-104:
- 30-day return: Must return OR itemize within 30 days of move-out
- No cap on amount: Texas has no limit on deposit amount (but must be reasonable)
- Normal wear and tear: Cannot deduct for normal use/aging
- Itemization required: Must provide detailed list if making deductions
- Bad faith penalty: 3x deposit + attorney fees if wrongfully withheld
- Tenant must provide address: If lease requires, tenant must give forwarding address
📝 Notice Information
Tenant Information
Date tenant vacated property
Forwarding Address (For Deposit Return)
In case landlord needs to contact about deposit
Landlord Information
Delivery Method
Certified mail recommended for proof of delivery
💡 Important Reminders
- Keep a copy: Tenant should keep copy of this notice
- Proof of delivery: Get receipt if mailing or hand delivering
- 30-day clock: Landlord has 30 days from move-out to return/itemize
- Check lease terms: Verify if lease requires advance notice
- Not always required: Only if lease specifically requires it
📚 Texas Security Deposit Notice Guide
Texas Security Deposit Law Overview
Basic rules (§ 92.101-109):
- No cap on amount: Unlike many states, Texas has no limit on deposit (but must be reasonable)
- 30-day return: Landlord must return OR provide itemization within 30 days of move-out
- Normal wear and tear: Cannot deduct for normal aging/use
- Itemization required: If keeping any portion, must provide detailed written list
- Bad faith penalty: If wrongfully withheld, tenant gets 3x deposit + attorney fees
- Forwarding address: Lease can require tenant provide address (but not automatic)
Advance Notice Requirement
📋 When Advance Notice Required
This is OPTIONAL – only if in lease:
- Check your lease: Does it say tenant must provide forwarding address?
- Common language: “Tenant must provide forwarding address in writing within X days of move-out”
- If NOT in lease: This notice not required
- 30-day rule still applies: Landlord must return within 30 days regardless
Example lease clause: “Tenant shall provide Landlord with written forwarding address within 7 days of move-out for security deposit refund.”
30-Day Return Requirement
Landlord’s obligations (§ 92.104):
- Within 30 days of move-out: Count from date tenant surrenders possession
- Two options:
- Return full deposit, OR
- Send itemized deductions + remaining balance
- Itemization must include:
- Description of each deduction
- Amount of each deduction
- Remaining balance to be refunded
- Mail to forwarding address: If tenant provided one
- If no address provided: Not excused from returning – must make reasonable effort
What Can Be Deducted
Allowed deductions:
✅ Can Deduct For:
- Unpaid rent: Any rent still owed
- Damage beyond normal wear: Holes in walls, broken fixtures, etc.
- Cleaning: If property left excessively dirty (not normal cleaning)
- Unreturned keys: Cost to rekey/replace locks
- Unpaid utilities: If tenant was responsible
- Breach of lease: Documented costs from lease violations
❌ Cannot Deduct For:
- Normal wear and tear: Carpet wearing, paint fading, etc.
- Ordinary cleaning: Basic cleaning between tenants
- Upgrades: Improvements landlord wants to make
- Depreciation: Normal aging of appliances, fixtures
- Pre-existing damage: Issues that existed before tenant
- Speculative damages: Can only charge actual costs
Penalties for Wrongful Withholding
If landlord wrongfully withholds deposit (§ 92.109):
- Treble damages: Tenant gets 3x the amount wrongfully withheld
- Attorney’s fees: Tenant recovers legal costs
- $100 additional penalty: If landlord acted in bad faith
- Court costs: Landlord pays court filing fees
Example: Landlord wrongfully keeps $1,000 deposit. Tenant sues and wins. Landlord must pay:
- $3,000 (3x $1,000 deposit)
- $2,500 (tenant’s attorney fees)
- $100 (bad faith penalty)
- $250 (court costs)
- Total: $5,850
Tenant’s Responsibilities
What tenant should do:
✅ Tenant Security Deposit Checklist
- Check lease: Does it require forwarding address notice?
- Provide address promptly: If required, give within timeframe specified
- In writing: Must be written notice (this form)
- Keep copy: Retain proof you provided address
- Clean property: Leave in good condition (normal wear excepted)
- Remove all belongings: Don’t leave items behind
- Return all keys: Give back all keys and access devices
- Take photos: Document condition at move-out
- Wait 30 days: Landlord has 30 days to return/itemize
- If no return: After 30 days, consider demand letter or small claims
Common Questions
❓ Frequently Asked Questions
Q: My lease doesn’t mention forwarding address. Do I need to provide this notice?
A: No. Only required if lease specifically requires it. But it’s still smart to provide your address so landlord knows where to send refund.
Q: What if I provide address but landlord doesn’t return deposit?
A: Landlord still has 30 days from move-out. After 30 days, send demand letter. If still no response, file small claims lawsuit.
Q: Can landlord refuse to return deposit if I don’t provide address?
A: Only if lease requires it AND you failed to provide. Even then, landlord must make reasonable effort to return.
Q: How should I deliver this notice?
A: Certified mail with return receipt is best – gives you proof. Hand delivery with receipt also works.
Q: When should I provide forwarding address?
A: Check lease for deadline. Common: within 7-10 days of move-out. Sooner is better.
Q: Can I email this notice?
A: Only if lease allows electronic communications. Otherwise, must be written/mailed.
Best Practices
✅ Security Deposit Notice Tips
- Read your lease: Check if advance notice required
- Provide promptly: Don’t wait – give address right after move-out
- Use certified mail: Proof of delivery protects you
- Keep copies: Copy of notice + mailing receipt
- Include phone/email: Even though not required, helps communication
- Be accurate: Double-check address – wrong address delays refund
- Follow up: If no response in 30 days, send demand letter
- Document everything: Photos, receipts, communications
- Know your rights: Understand Texas deposit law
- Consider lawyer: If wrongfully withheld, legal help may recover 3x + fees
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Texas Property Code § 92.103 allows lease to require tenant provide forwarding address. If lease includes this requirement, tenant must provide address in writing. Landlord still has 30 days from move-out to return or itemize deposit (§ 92.104).
Check your lease first. This notice only required if lease specifically requires tenant provide forwarding address. If lease is silent, not mandatory but still recommended. Landlord has 30 days regardless of whether tenant provides address.
Wrongful withholding penalties severe. If landlord wrongfully keeps deposit, tenant entitled to 3x amount plus attorney fees (§ 92.109). After 30 days with no return/itemization, consider sending demand letter or consulting tenant rights attorney.
