Texas security deposit law

What your landlord is legally required to do after you move out, how long they have, and what it costs them if they get it wrong.

The deadline

Under Tex. Prop. Code § 92.103, a landlord in Texas must return your security deposit — together with any required written itemization of deductions — within 30 days. Once that window closes without payment or a proper itemization, the landlord is in violation of the statute.

A landlord who misses the 30-day deadline is presumed to have acted in bad faith, shifting the burden to the landlord to prove good faith. The tenant must have given a forwarding address.

What it costs your landlord

Under Tex. Prop. Code § 92.109, a landlord who wrongfully withholds a deposit in Texas may be liable for $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, where the landlord acted in bad faith. That exposure is the reason a formal demand letter works: it is usually cheaper for a landlord to pay you than to argue about it.

What your landlord may deduct in Texas

Damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease (§ 92.104(a)).

Tex. Prop. Code §§ 92.104, 92.109

Ordinary wear and tear

Texas forbids charging for normal wear and tear outright, with no qualifier attached.

“The landlord may not retain any portion of a security deposit to cover normal wear and tear.”

What a compliant itemization has to contain

The balance of the deposit together with a written description and itemized list of all deductions (§ 92.104(c)) — excused only where the tenant owed rent at surrender and there is no controversy about the amount.

Read it yourself: Tex. Prop. Code §§ 92.104, 92.109

How to get your deposit back in Texas

1. 1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Texas that's 30 days.
2. 2. Put your forwarding address in writing. In several states a landlord has no obligation until they have it, and having sent it protects your claim.
3. 3. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
4. 4. Send a written demand by certified mail. Cite Tex. Prop. Code § 92.103, state the amount owed, and give a deadline to pay. Certified mail creates the delivery record a judge will want to see.
5. 5. File in small claims if they ignore you. You don't need a lawyer. File in the county where the property is located.

Common questions

How long does a landlord have to return a security deposit in Texas?

Under Tex. Prop. Code § 92.103, a Texas landlord has 30 days to return the deposit and provide any required written itemization of deductions.

What is the penalty if my landlord keeps my deposit in Texas?

Under Tex. Prop. Code § 92.109, a landlord who wrongfully withholds may be liable for $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, where the landlord acted in bad faith.

Do I have to sue to get my security deposit back?

Often not. A formal written demand sent by certified mail puts your landlord on notice of the statute, the deadline they missed and the penalty attached to it — and gives you a dated record that they received it. Small claims court is the fallback if they ignore it.