Texas Property Code 93.011 – Liability of Landlord
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(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.
Terms Used In Texas Property Code 93.011
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.