Free Texas Security Deposit Notice
Texas security deposit notice under TPC Chapter 92, Subchapter D. Use to document deposit handling, holding details, and the tenant’s obligation to provide a forwarding address for the §92.103 30-day return clock to start.
Free Texas Security Deposit Notice — overview
A Texas Security Deposit Notice is a general security deposit notice for Texas residential tenancies under TPC Chapter 92, Subchapter D. Use to document deposit handling at lease signing or any time during tenancy.
Complete the Security Deposit Notice
Complete the form below to generate a Texas Security Deposit Notice. Use this notice to document deposit handling – amount, holding institution, and the tenant’s obligation to provide a forwarding address in writing for the §92.103 30-day return clock to start.
⚠ Security deposit handling is one of the most-litigated areas of landlord-tenant law
Courts strictly enforce statutory itemization, timing, and notice requirements. Texas Property Code §92.108 imposes substantial penalties for bad-faith retention: $100 + 3x wrongfully withheld + attorney fees. 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. Interest Rate & Disclosure
Texas does not have a statewide interest-rate requirement for security deposits. Texas Property Code §92.103 governs disposition (30 days after surrender + forwarding address). Use this notice to document deposit handling – including bank holding details (where applicable), the requirement to provide a forwarding address, and any agreed conditions for return.
5. Landlord / Agent Signature
About the Texas Security Deposit Notice
Texas Property Code Chapter 92, Subchapter D (§§ 92.101-92.110) provides the framework for residential security deposits. Unlike some states, Texas does not impose a statewide interest-rate requirement on security deposits. The key statutory provisions for Texas landlords: §92.103 requires return of the deposit (or written itemization plus net balance) within 30 days of tenant surrender AND tenant providing a forwarding address in writing (§92.107). §92.108 imposes bad-faith penalties: $100 + 3x wrongfully withheld + attorney fees + forfeiture of right to withhold. The tenant bears the burden of proving bad faith. Best practice: document deposit handling at lease signing (use this notice), retain detailed move-in/move-out records, and ensure the tenant provides a forwarding address in writing at move-out.
Texas Security Deposit Framework
- Statute: Texas Property Code Chapter 92, Subchapter D (§§ 92.101-92.110)
- No statewide interest-rate requirement
- Disposition deadline: 30 days after surrender + forwarding address (§92.103)
- Tenant obligation: provide forwarding address in writing to start clock (§92.107)
- 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 the security deposit. The landlord who retains the deposit in bad faith forfeits the right to withhold any portion plus pays $100 + 3x the amount wrongfully withheld + reasonable attorney fees. The tenant bears the burden of proving bad faith. Mere negligence or honest error is not bad faith under Texas law. Best practice for Texas landlords: document the deposit at lease signing (this notice), itemize every charge against the deposit with specificity at move-out, 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.
