Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.1041

PRESUMPTION OF REFUND OR ACCOUNTING.

In Force
Verified 10/28/2026 · Next check 11/4/2026
effective 1/1/1996TexasReturn Timeline

Operative Text

Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.1041
Sec. 92.1041. PRESUMPTION OF REFUND OR ACCOUNTING. A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date. Added by Acts 1995, 74th Leg., ch. 744, Sec. 4, eff. Jan. 1, 1996.
Source: Legislative text reproduced verbatim
Plain English

Under Texas Property Code § 92.1041, a landlord who mails a security deposit refund or an itemized accounting of deductions is legally presumed to have met the deadline — as long as the envelope is postmarked by the United States Postal Service on or before the date required by the subchapter. The rule creates a 'mailbox' presumption: the act of mailing, not the act of the tenant receiving the item, determines whether the landlord complied on time. This provision applies specifically to the security deposit return and accounting obligations found within Subchapter C of Chapter 92 of the Texas Property Code.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 28, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers operating under Tex. Prop. Code § 92.1041 generally retain proof of mailing — such as a USPS Certificate of Mailing or Certified Mail receipt — to document that the security deposit refund or written accounting was postmarked on or before the statutory deadline. Compliant operators typically send the refund or itemized deduction statement via a trackable mail method so that the postmark date is verifiable if a dispute arises. Keeping copies of the mailed documents alongside the postmark evidence is a standard practice that supports the presumption established by § 92.1041.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under Tex. Prop. Code § 92.1041, a landlord who places a refund or accounting in the mail by the required deadline is presumed to have complied with the law — even if you receive it late or claim you never received it. Tenants who believe a landlord did not actually mail the refund or accounting by the required date may wish to gather any evidence bearing on the postmark or mailing date, such as the envelope itself. Tenant-rights organizations in Texas can help explain how this presumption interacts with other security deposit protections under Chapter 92, and what options may be available when the presumption is disputed.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 1996
Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.156
Tex. Prop. Code § 92.162
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.156
Tex. Prop. Code § 92.166
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.157
Tex. Prop. Code § 92.162
Tex. Prop. Code § 92.156
Tex. Prop. Code § 92.166
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.016
Tex. Prop. Code § 92.017
Tex. Prop. Code § 92.014
Tex. Prop. Code § 92.016
Tex. Prop. Code § 92.052
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.107
Tex. Prop. Code § 92.154
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.151
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.153
Tex. Prop. Code § 92.201
Tex. Prop. Code § 92.201
Tex. Prop. Code § 92.201
Tex. Prop. Code § 92.202
Tex. Prop. Code § 92.204
Tex. Prop. Code § 92.202
Tex. Prop. Code § 92.203
Tex. Prop. Code § 92.204
Tex. Prop. Code § 92.001
Tex. Prop. Code § 92.255
Tex. Prop. Code § 92.252
Tex. Prop. Code § 92.0081
Tex. Prop. Code § 92.008
Tex. Prop. Code § 92.151
Tex. Prop. Code § 92.0131
Tex. Prop. Code § 92.151
Tex. Prop. Code § 92.016
Tex. Prop. Code § 92.052
Tex. Prop. Code § 92.054
Tex. Prop. Code § 92.0561
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.056
Tex. Prop. Code § 92.052
Tex. Prop. Code § 92.006
Tex. Prop. Code § 92.0562
Tex. Prop. Code § 92.0561
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.056
Tex. Prop. Code § 92.056
Tex. Prop. Code § 92.006
Tex. Prop. Code § 92.0561
Tex. Prop. Code § 92.107
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.164
Tex. Prop. Code § 92.165
Tex. Prop. Code § 92.259
Tex. Prop. Code § 92.259
Tex. Prop. Code § 92.258
Tex. Prop. Code § 92.2611
Tex. Prop. Code § 92.301
Tex. Prop. Code § 92.332
Tex. Prop. Code § 92.0563
Tex. Prop. Code § 92.331
Tex. Prop. Code § 92.331
Tex. Prop. Code § 92.331
Tex. Prop. Code § 92.352
Tex. Prop. Code § 92.056

Related Rules

§ 1
Statement of damage
§ 76-1485
Rental deposit; return; withholdings; considered abandoned property; when.
§ § 42-52
Landlord's obligations.

Source Information

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