Texas security deposit: what your landlord owes you
Texas landlords get 30 days after you move out to refund your deposit with an itemized list, once you've given a forwarding address in writing. Keep it in bad faith, and the law says they owe $100 plus three times what they kept, plus attorney's fees.
Find out what your landlord owes you
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Get the full Texas deposit kit for $19
- Your complete demand letter, filled in and citing Texas Property Code 92.103 and 92.109
- A follow-up letter if they ignore the first one
- Step-by-step Texas small claims guide (Texas Justice Court)
- Sending and deadline checklist
Your Texas deposit kit
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1. Demand letter
2. Follow-up letter (send only if they don't respond)
3. How to send it
- Make sure you've already sent your forwarding address in writing. If not, include it in this letter and send it today.
- Keep a copy of the letter for yourself.
- Send it by certified mail with return receipt, or another trackable method, so you can prove when it arrived. Email a copy too if you've emailed your landlord before.
- Put a reminder on your calendar for the pay-by date in the letter.
- Gather your evidence now: lease, move-in and move-out photos, any move-in checklist, rent receipts, and all messages with the landlord.
4. If they still don't pay: Texas Justice Court
- File in the Justice of the Peace court for the precinct where the property is or where the landlord lives. Ask the clerk which precinct applies.
- Use the Small Claims Petition form from the court or the Texas courts website. Claims can be up to $20,000, including attorney's fees but not court costs.
- Pay the filing fee and the fee to serve the landlord, which vary by county. If you can't afford them, ask the clerk about a Statement of Inability to Afford Payment of Court Costs.
- Ask for the deposit withheld plus, if you believe the landlord acted in bad faith, $100 and three times the amount wrongfully withheld (Prop. Code 92.109).
- Bring your lease, photos, the move-out date, proof of your written forwarding address, your demand letter and proof of mailing.
Texas security deposit rules at a glance
| Deadline | 30 days after you surrender the premises (Prop. Code 92.103), but the landlord has no duty to refund until you give a written forwarding address (92.107). The statute doesn't say whether the 30 days restart from that date. |
|---|---|
| Itemized list | Required with any deductions (92.104). Not required only if you owed rent at move-out and the amount isn't disputed. |
| Normal wear and tear | Can't be deducted (92.104). |
| Penalty for bad faith | $100, plus three times the amount wrongfully withheld, plus reasonable attorney's fees (92.109(a)). |
| Bad faith presumed when | The landlord fails to return the deposit or provide the itemized list within 30 days (92.109(d)). The landlord must prove deductions were reasonable (92.109(c)). |
| Timely mailing | A refund or list postmarked by day 30 counts as on time (92.1041). |
| Email notices | Allowed since Sept. 1, 2025 if you and the landlord have emailed before (92.113). |
| Small claims | Justice Court, up to $20,000 including attorney's fees but not court costs (Gov't Code 27.031; Rule 500.3). |
Mistakes that cost Texas renters their deposit
- Not giving a written forwarding address. Telling the manager out loud doesn't count. Until you put it in writing, the landlord has no duty to refund or itemize (92.107).
- Skipping last month's rent and telling them to keep the deposit. Texas presumes that's bad faith by the tenant, and you can owe three times the rent withheld plus the landlord's attorney's fees (92.108).
- Counting from the wrong date. The 30 days run from when you surrender the unit, not the lease end date, and a refund postmarked on day 30 is on time.
- Overstating the claim. The triple penalty applies to the amount wrongfully withheld and requires bad faith, and attorney's fees count toward the $20,000 Justice Court limit.
Common questions
How long does a Texas landlord have to return a security deposit?
30 days after you surrender the premises, but only once you've given a written forwarding address (Tex. Prop. Code 92.103 and 92.107).
What is the penalty for not returning a deposit in Texas?
A landlord who keeps a deposit in bad faith owes $100, three times the amount wrongfully withheld, and your reasonable attorney's fees (Tex. Prop. Code 92.109(a)). Failing to return the deposit or provide the itemized list within 30 days creates a presumption of bad faith (92.109(d)).
Can a Texas landlord charge for normal wear and tear?
No. Tex. Prop. Code 92.104 bars deductions for normal wear and tear.
Do I need to send a demand letter before suing in Texas?
The deposit statute doesn't require one, but a clear letter citing the law often gets the money back without court and shows a judge you tried to resolve it.