Texas Forwarding Address Rule: Does the 30-Day Clock Start? (92.107)

Tex. Prop. Code s. 92.107(a) (quoted from the statute): “The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit.” Nothing in the section says a new 30-day period starts when the address arrives, and the same section says the tenant does not lose the refund for failing to give one. Ask for the address in writing at move-out.

The full text of s. 92.107

The section has two subsections. Subsection (a) is quoted above. Subsection (b), quoted from the statute:

“The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.”

What the section does not contain: no subsection about what happens when the landlord sends the refund to the address, no unpaid-rent exception, no prescribed form, no deadline for the tenant to give the address, and no period running from the day you receive it. It says “written statement” but not whether paper, e-mail or text. On those points the section is silent; if you need an answer on one, it is not in the text of s. 92.107, so ask a Texas attorney.

Where the unpaid-rent exception actually is

People attach the “tenant owes rent” exception to s. 92.107, but it sits in s. 92.104(c), and it excuses only the itemized list. Quoted: “The landlord is not required to give the tenant a description and itemized list of deductions if: (1) the tenant owes rent when he surrenders possession of the premises; and (2) there is no controversy concerning the amount of rent owed.” Both conditions must be met.

How it fits with s. 92.103(a)

Section 92.103(a) opens: “Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.” The 30 days are counted from surrender, not from the address. Section 92.107(a) removes the duty to return or itemize until the written address is given. Example for a tenant who surrenders Fri., Oct. 30, 2026 (30th day after: Sun., Nov. 29, 2026):

Consequences of missing the deadline are in s. 92.109, which another article covers; note only that its subsection (d) also counts from surrender.

E-mail and records

Section 92.113(a) (quoted): “Notice and other communications required or permitted by this subchapter may be sent by e-mail if the tenant and the landlord or landlord's agent have previously communicated by e-mail.” Section 92.107 itself does not mention e-mail, so for an e-mailed address, get a signed paper copy too. Section 92.106: “The landlord shall keep accurate records of all security deposits.”

Landlord step list

1. At the move-out walk-through, hand over the statement below and ask the tenant to complete, sign and date it. It is our form, not a statutory one; the Code prescribes none.
2. Write on it when and how you got it (in hand, mail, e-mail) and keep the original with the deposit file.
3. Diary day 30 from the surrender date, not from the address date (see the s. 92.103 article).
4. Mail the balance and the itemized list together; keep the postmark receipt (s. 92.1041 presumes a refund or accounting made if postmarked on or before the required date).
5. No address given? Send a written request to every contact you have and keep copies. The Code does not require this; it shows effort and dates.

FORWARDING ADDRESS FOR SECURITY DEPOSIT REFUND
Property address: ______________________________
Tenant name(s): ________________________________
Date I surrendered the premises: ___ / ___ / ______

I give this written statement of my forwarding address
for the purpose of refunding my security deposit:

Street: ________________________________________
City, State, ZIP: ______________________________

Tenant signature: ___________   Date: ___ / ___ / ______
Landlord use: received ___ / ___ / ______  by: __________

Common mistakes

1. Relying on a spoken address. Subsection (a) asks for a “written statement” given “for the purpose of refunding the security deposit.” Whether an address written in the lease at signing counts, the text does not say.
2. Keeping the deposit because no address came. Subsection (b) says the tenant does not forfeit the refund merely for that.
3. Using s. 92.107 as an unpaid-rent exception; that is s. 92.104(c), itemization only.
4. Starting your count at the address date.
5. Writing “no address, no refund” into the lease. Section 92.006(a) says a landlord's duty concerning security deposits “may not be waived”; have an attorney read any such clause.
6. Forgetting a lease with no deposit. Under s. 92.110(b) the written claim notice in (a) is not required if the tenant has not given the address “as provided by Section 92.107.”

This is information, not legal advice; court forms and procedure are outside the Property Code, so ask the justice court clerk or a Texas attorney.

Currency: the History line after s. 92.107 shows only the 1983 enactment (Acts 1983, 68th Leg., ch. 576, Sec. 1, eff. Jan. 1, 1984) and no later amendment. s. 92.113 was added by Acts 2025, 89th Leg., R.S., Ch. 732 (H.B. 2037), Sec. 2, eff. Sept. 1, 2025; s. 92.110 by Acts 2015, 84th Leg., R.S., Ch. 1198 (S.B. 1367), Sec. 6, eff. Jan. 1, 2016; the last amendment printed for s. 92.006 is Acts 2015, Ch. 1198 (S.B. 1367), Sec. 3.

Sources

• Tex. Prop. Code s. 92.107 — 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. 92.109 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.110 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.113 — Texas Legislature, Property Code
• Tex. Prop. Code s. 92.006 — Texas Legislature, Property Code

Related guides

• Texas Security Deposit Law: The 30-Day Rule and 'Surrender' (2026)
• Texas Itemized Deposit List: What to Include and What Not to Deduct
• Texas Bad-Faith Deposit Penalty: $100 + 3x + Fees (s. 92.109)
• 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.