The deposit (Prop. Code 92.103, 92.104, 92.109)The refund is due “on or before the 30th day after the date the tenant surrenders the premises” (92.103(a)); keeping any of it means sending the balance with a written description and itemized list of each deduction (92.104(c)), and normal wear and tear is never a deduction (92.104(b)). Sued, the landlord proves each deduction reasonable (92.109(c)); if day 30 passes without the refund or the itemized list, the law presumes bad faith (92.109(d)). The price tag. “$100, three times the portion of the deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees” (92.109(a)). Those words date from 1984. The court story, in roles. An owner with one rental, a house in south Austin, held $2,750 in deposits on a $2,400-a-month lease that ended in June 2022. On day 30 she emailed 13 deductions totaling $7,925, with no receipts, photos or invoices; the largest, $3,900 to refinish floors, rested on a phone estimate. The trial judge found bad faith: $100 plus three times $2,750, which is $8,350, plus $54,010.17 in fees and costs through trial. On appeal the presumption was out, since the list came on day 30. The court affirmed anyway: “Thus, although evidence giving rise to the statutory presumption is one way that bad faith may be established, it is not the only way.” A finding that she meant to keep a refund the tenant was owed was enough. $3,208.50 of the fees went back for a new hearing, so the total is not final. Citation: Marco v. Kirkman, No. 03-24-00133-CV (Tex. App., Austin, June 26, 2026) (mem. op.): settled law applied, and citable (Tex. R. App. P. 47.4, 47.7(b)). Case page; Prop. Code ch. 92. The same rule in the other seven states, shortest clock first New York: 14 days, itemized, or the landlord forfeits any right to keep any of it. Willful violation: punitive damages up to twice the deposit. N.Y. Gen. Oblig. Law § 7-108(1-a)(e), (g). Florida: 15 days to return it; 30 for a certified-mail or agreed e-mail claim notice. No notice, no claim on it. Loser pays fees. Fla. Stat. § 83.49(3). California: 21 calendar days, itemized. In bad faith, the landlord loses any claim to it and faces up to twice the deposit, plus actual damages. Cal. Civ. Code § 1950.5(h), (m). Illinois, any building size: itemized list with receipts in 30 days, or all of it back in 45. Refusal or bad faith costs twice the deposit, plus fees. 765 ILCS 710/1(a), (c). Washington: 30 days, documented statement, or the full deposit is owed and defenses barred. Intentional refusal: up to twice the deposit. Loser pays fees. RCW 59.18.280. Oregon: 31 days, written accounting and refund. Money withheld with no accounting, or in bad faith, costs twice the amount. Winner may get fees. ORS 90.300(12), (13), (16); 90.255. Virginia: 45 days, itemized; 15 more for the itemization if damage tops the deposit and needs a contractor, with notice. Willful failure means the deposit back, plus actual damages and attorney fees. Va. Code § 55.1-1226 A, E. | 
