💰 Texas Security Deposit Notice
Required Notice — Advance Surrender Requirement & 30-Day Return (§92.103)
Texas Property Code §92.103 requires landlords to return security deposits within 30 days of tenants surrendering the unit. If your lease requires tenants to give advance notice to qualify for deposit return, that requirement must be in writing, bold, or underlined in the lease (§92.103(b)) — otherwise it’s unenforceable. This notice documents the requirement and the return timeline. See full Texas deposit rules.
📅 1. Notice Date & Landlord
👤 2. Tenant Information
🏠 3. Rental Property
💵 4. Security Deposit Details
📮 5. Advance Notice Requirement
📅 6. Return Timeline Acknowledgment
Texas Property Code §92.103 gives landlords 30 days from the tenant surrendering possession to return any remaining deposit along with an itemized list of deductions. Willful failure exposes the landlord to three times the wrongfully withheld amount plus $100 and reasonable attorney’s fees (§92.109).
✍️ 7. Landlord Signature
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Texas Property Code §92.103 is one of the most commonly misunderstood sections of Texas landlord-tenant law. Landlords routinely assume they can hold deposits longer than 30 days, require “advance notice” without putting it in the lease correctly, or deduct items that don’t hold up in court. This notice, and the underlying process it documents, protects landlords from the triple-damages penalty under §92.109 for wrongful deposit withholding.
Possession ends when the tenant has vacated the unit and returned the keys — not when the lease term expires. If a tenant moves out early or holds over briefly, the 30-day clock starts running from actual surrender. Document the surrender date carefully; a move-in/move-out inspection is the standard way to do it.
The “Advance Notice” Trap in §92.103(b)
Many Texas landlords include lease language requiring the tenant to give written notice of intent to vacate (often 30 or 60 days before moving out) as a condition of deposit return. This is allowed — but only if the requirement is underlined or printed in conspicuous bold print in the lease. Burying it in fine print makes it unenforceable.
The notice you generate here documents that your lease meets (or does not include) this requirement. If the lease does include a compliant advance-notice clause and the tenant failed to give notice, you may be relieved of the 30-day deposit-return obligation — but you still can’t keep the deposit without itemizing deductions for actual damages.
What Can and Cannot Be Deducted
- Unpaid rent or late fees — always deductible
- Damage beyond normal wear and tear — deductible with itemization
- Cleaning costs — deductible only if the unit is returned materially dirtier than at move-in
- Normal wear and tear — not deductible. Minor carpet wear, small nail holes, faded paint in a 3-year tenancy
- Pre-existing damage — not deductible unless you can prove the tenant caused worsening
The §92.109 penalty: If a Texas court finds a landlord acted in bad faith by retaining a security deposit, Texas Property Code §92.109 imposes liability for $100 plus three times the wrongfully withheld amount, plus reasonable attorney’s fees. “Bad faith” can include failing to provide an itemized list within 30 days, deducting for normal wear and tear, or keeping the deposit without any basis.
Four Common Mistakes That Trigger Penalties
- Missing the 30-day deadline — even by one day. Courts strictly enforce.
- Providing a total deduction without itemization — must list each item and dollar amount.
- Deducting for normal wear and tear — carpet replacement after 5 years isn’t a deduction, it’s an operating expense.
- Not sending to the correct forwarding address — if the tenant provided one, that’s where the notice and any refund go.
How to Use This Notice
This form has two purposes. First, it documents your deposit policy and the 30-day return timeline clearly — useful as an appendix to the lease or as a stand-alone acknowledgment. Second, if your lease includes an advance-notice requirement under §92.103(b), this form reminds the tenant that the requirement exists and what it says. Provide it at lease signing, or separately if the lease is already in place. Keep the signed copy with your lease file.
Frequently Asked Questions
When does the 30-day clock start?
When the tenant surrenders possession — meaning they’ve vacated and returned keys. Not when the lease ends. Document the surrender date with an inspection.
Does the tenant have to provide a forwarding address?
Texas law doesn’t require it, but if no forwarding address is provided, the landlord isn’t obligated to mail the deposit until one is given. The 30-day clock still runs — but the landlord isn’t in default just because they couldn’t mail to an unknown address.
Can I deduct for cleaning if the tenant says the unit was clean at move-in?
Only if you can document that the unit was returned materially dirtier than when they moved in. This is where the move-in/move-out inspection checklist earns its weight — photos, signatures, and dated condition notes make or break cleaning deductions.
What’s the penalty for missing the 30-day deadline?
Under §92.109, a landlord who acts in bad faith can owe the wrongfully withheld amount, plus $100, plus three times the wrongfully withheld amount, plus reasonable attorney’s fees. Most landlords who miss the deadline end up settling for far more than the original deposit.
Does Texas require interest on security deposits?
No. Unlike some states (Illinois, Massachusetts, New Jersey), Texas does not require landlords to pay interest on security deposits held for residential tenancies.
Can I charge a non-refundable fee instead of a deposit?
Yes, but it must be clearly labeled as non-refundable in the lease and be for a specific purpose (e.g., “non-refundable pet fee” or “non-refundable cleaning fee”). A deposit you try to keep without refund provisions is subject to §92.103 regardless of what you call it.
Pair this notice with a move-in/move-out inspection checklist. That checklist is the primary evidence for any deductions you claim at move-out — without signed, dated condition documentation, cleaning and damage deductions are nearly impossible to defend in court.
Related Texas Forms
- Texas Security Deposit Itemization Form — for documenting each deduction at move-out
- Security Deposit Disposition Statement — for full returns with no deductions
- Move-In/Move-Out Inspection Checklist — evidence for deduction disputes
- Texas Residential Lease Agreement — the underlying lease
- All Texas Landlord Forms — 33+ TX forms
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Texas Property Code §92.103 and §92.109 govern security deposit handling; complex disputes should be reviewed by a licensed Texas attorney. Always ensure lease language complies with Texas law before relying on advance-notice requirements.
