Tex.
Prop. Code Section 93.011
Liability of Landlord
(a)
A landlord who in bad faith retains a security deposit in violation of this chapter 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 incurred in a suit to recover the deposit after the period prescribed for returning the deposit expires.(b)
A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this chapter:(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.(c)
In a suit brought by a tenant under this chapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.(d)
A landlord who fails to return a security deposit or to provide a written description and itemized list of deductions on or before the 60th day after the date the tenant surrenders possession is presumed to have acted in bad faith.
Source:
Section 93.011 — Liability of Landlord, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.93.htm#93.011 (accessed May 4, 2024).
