Sec. 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.
Added by Acts 2001, 77th Leg., ch. 1460, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1143, Sec. 2, eff. Sept. 1, 2003.