Texas security deposit law: the 30-day deadline, penalties, and how to get your money back
Under Tex. Prop. Code §§ 92.101–92.109, your landlord has 30 days after you move out to return your security deposit or send an itemized statement of deductions. Failing to return the deposit or provide the itemized list within 30 days creates a presumption of bad faith (§ 92.109(d)). A landlord who in bad faith fails to itemize forfeits the right to withhold any portion and to sue for damages, and owes the tenant's attorney's fees (§ 92.109(b)).
At a glance
- Return deadline
- 30 days after move-out
- Statute
- Tex. Prop. Code §§ 92.101–92.109
- Itemized statement
- Required
- Attorney's fees recoverable
- Yes
- Small claims limit
- $20,000 (Justice Court (Small Claims))
- Filing fee
- $54 filing + ~$75–$100 service per defendant
The 30-day deadline and itemization rules
Written description and itemized list of deductions required within 30 days of surrender (if tenant gave a forwarding address).
No express receipt requirement, but the landlord bears the burden of proving the reasonableness of each deduction.
Penalties for wrongfully keeping your deposit
Bad-faith retention: tenant may recover $100 plus three times the amount wrongfully withheld, plus reasonable attorney's fees (Tex. Prop. Code § 92.109).
The tenant must give a forwarding address in writing (§ 92.107) — the 30-day clock effectively runs from surrender or the address, whichever is later; failing to give it delays but does not forfeit the refund. Normal wear and tear may not be withheld (§ 92.104(b)). A refund postmarked by the due date counts as made (§ 92.1041).
Taking your landlord to justice court (small claims)
If a demand letter does not resolve the dispute, Texas lets you sue in Justice Court (Small Claims) for up to $20,000. Filing fees typically run $54 filing + ~$75–$100 service per defendant, lawyers are optional, and deposit cases are among the most common — and most tenant-friendly — small claims matters.
Frequently asked questions
How long does a Texas landlord have to return a security deposit?
30 days after move-out under Tex. Prop. Code §§ 92.101–92.109. Written description and itemized list of deductions required within 30 days of surrender (if tenant gave a forwarding address).
What happens if the landlord misses the 30-day deadline in Texas?
Failing to return the deposit or provide the itemized list within 30 days creates a presumption of bad faith (§ 92.109(d)). A landlord who in bad faith fails to itemize forfeits the right to withhold any portion and to sue for damages, and owes the tenant's attorney's fees (§ 92.109(b)).
What penalties does Texas law impose for wrongfully keeping a deposit?
Bad-faith retention: tenant may recover $100 plus three times the amount wrongfully withheld, plus reasonable attorney's fees (Tex. Prop. Code § 92.109).
Can I sue my landlord in small claims court in Texas?
Yes — Justice Court (Small Claims) handles deposit disputes up to $20,000. Typical filing fees run $54 filing + ~$75–$100 service per defendant, and most cases are decided without a lawyer.
Can my landlord deduct for normal wear and tear in Texas?
No. Like every state, Texas does not allow deductions for ordinary wear and tear — only for damage beyond normal use, unpaid rent, or other charges the statute allows. The tenant must give a forwarding address in writing (§ 92.107) — the 30-day clock effectively runs from surrender or the address, whichever is later; failing to give it delays but does not forfeit the refund. Normal wear and tear may not be withheld (§ 92.104(b)). A refund postmarked by the due date counts as made (§ 92.1041).
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