Security Deposit Legal Guidelines

Summary

Under Texas law, tenants must provide a forwarding address in writing to receive their security deposit or an explanation of deductions. Certified mail is recommended for proof of delivery. Text messages may not qualify as formal writing. A landlord acts in bad faith if they fail to return the deposit or provide a written explanation within 30 days, knowingly withhold the deposit without justification, or refuse to comply with legal obligations. If no response is received within 30 days after providing a forwarding address, it may be considered bad faith, and tenants could pursue legal action for the deposit, damages, and attorney fees.

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IS TEXT NOT CONSIDERED IN WRITING ?
Under Texas law, "in writing" usually means a written or typed document, such as a letter, email, or other physical/digital format that can be clearly documented. A text message may not always be accepted as formal "writing," especially in legal disputes. Certified mail is safer because it provides proof of delivery.
OK, WHAT DOES IT MEAN BY THE LANDLORD ACTING IN " BAD FAITH" WHEN IT COMES TO A SECURITY DEPOSIT ?
When a landlord acts in "bad faith" regarding a security deposit in Texas, it generally means they knowingly or intentionally:
- Fail to return the deposit or provide a written explanation of deductions within 30 days of lease termination.
- Wrongfully withhold the deposit without justification.
- Refuse to communicate or comply with legal obligations.
If a landlord acts in bad faith, tenants may sue for the deposit, damages, and attorney fees.
SO, IF I PROVIDE MY FORWARDING ADDRESS, AND HE TEXTS ME SAYING PER THE LEASE ITS NON REFUNDABLE, IS THAT AACTING IN BAD FAITH ?
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That may not be considered bad faith by itself. If the lease is contradictory, the landlord may believe their interpretation is valid. However, they must still provide a written explanation of deductions within 30 days. Failure to comply with that could indicate bad faith.
SO, IF I DONT RECEIEVE ANYTHING WITHIN * DAYS OF MOVE OUT, IS THAT BAD FAITH ?
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Yes, if you provide your forwarding address and don’t receive your security deposit or an itemized list of deductions within 30 days, it could be considered bad faith under Texas law. You may then have grounds to pursue legal action for the deposit, damages, and attorney fees.