Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)

A Texas 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" (quoted from Tex. Prop. Code s. 92.109(a)). Section 92.109 has four subsections that do four different jobs. This is not legal advice.

The four subsections, kept separate

(a) Bad-faith retention

"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."

Formula: $100 + (3 × the portion wrongfully withheld) + the tenant's reasonable attorney's fees.

(b) Bad-faith failure to give the itemized list

"A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter: (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit."

Subsection (b) lists forfeiture and fees. It does not repeat the $100 or the three-times formula.

(c) Who has the burden

"In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable."

(d) The 30th-day presumption

"A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith."

The text does not define "bad faith" (not in s. 92.109 or s. 92.001) and does not say what evidence overcomes the presumption. Ask a Texas attorney.

Illustration only: the (a) formula with made-up numbers

These figures are invented to show the arithmetic. They are not a prediction, and whether bad faith exists or what portion was wrongful is decided in a suit.

The statute sets no fee amount. Whether the withheld portion itself is also owed back is not stated in (a); ask a Texas attorney.

The mirror image: s. 92.108

Section 92.108(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." Subsection (b): "A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord's reasonable attorney's fees in a suit to recover the rent."

How a landlord shows reasonableness

1. Subsection (c) puts the burden on the landlord for "the retention of any portion of the security deposit."
2. The standard in s. 92.104(a) is "damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease"; s. 92.104(b) bars retaining "any portion of a security deposit to cover normal wear and tear."
3. Match each retained dollar to a line on the itemized list, the lease, and the records s. 92.106 requires ("accurate records of all security deposits").
4. What evidence a court accepts is not in the Property Code; ask a Texas attorney or the justice court clerk.

Common mistakes

• Merging (a), (b) and (d): (a) and (b) are liabilities, (c) is the burden, (d) is a presumption.
• Applying the three-times multiplier to the whole deposit; (a) says "the portion of the deposit wrongfully withheld."
• Sending only a refund check for the balance: (b) turns on the "written description and itemized list."
• Missing the 30th day while waiting on repair invoices. Section 92.103(a) opens "Except as provided by Section 92.107" (forwarding address); read them together.
• Mailing after the deadline: s. 92.1041 presumes the refund or accounting was made only if it is mailed and postmarked "on or before the required date."
• Ignoring s. 92.108 when a tenant skips last month's rent; it is a separate claim.

Currency: s. 92.109 and s. 92.108 History: "Acts 1983, 68th Leg., p. 3641, ch. 576, Sec. 1, eff. Jan. 1, 1984." No later amendment is printed for either. Text in force 1 January 2026.

Sources

• Tex. Prop. Code s. 92.001 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.103 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.104 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.1041 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.106 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.107 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.108 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.109 — Texas Legislature, Property Code

Related guides

• Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
• Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)
• Texas Itemized Deposit List: What to Include and What Not to Deduct
• Texas Notice to Vacate vs. Notice to Pay Rent or Vacate After SB 38
• How to Count Days for a Texas Eviction Notice (s. 24.0042)
• Delivering a Texas Notice to Vacate in 2026: The Four Methods
• Texas Eviction Steps in 2026: Petition, Hearing, Writ of Possession
• Texas Late Fee Rules: Two-Full-Days Rule, Reasonable Fees (2026)
• Can a Texas Landlord Change the Locks Over Unpaid Rent? (s. 92.0081)
• Texas Landlord Notices by E-mail: s. 92.113 vs. Notice to Vacate
• Why Texas City Eviction Ordinances Can't Override the Property Code

Informational only, not legal advice. Statute text checked against the Texas Property Code (Chapters 1, 24, 91 and 92) as published by the Texas Legislative Council on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to a Texas landlord-tenant attorney.