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.

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

Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.

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.

Deadline to return

30 days

Governing statute

Tex. Prop. Code § 92.103

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.

How to get your deposit back in Texas

1. Confirm the deadline has passed. Count from the day you moved out and returned possession. In Texas that's 30 days.
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. Gather your evidence. The lease, proof you paid the deposit, move-in and move-out photos, and any itemization they sent.
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. File in small claims if they ignore you.You don't need a lawyer. File in the county where the property is located.

Generate your Texas demand letter — free

Answer a few questions and get a formal letter citing Tex. Prop. Code § 92.103, the deadline your landlord missed, and the penalty they now face. Free to generate and download.

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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?: Usually not. Most landlords pay once they receive a formal written demand sent by certified mail that cites the statute and the penalties for withholding. Small claims court is the fallback if they ignore it.

Statute text verified against the published source on July 29, 2026. Laws change — confirm the current text before relying on it. This page is general information, not legal advice.