Security deposit law · Texas

Texas security deposit return law

How long your landlord has, the statute to cite, the penalty for wrongful withholding — and a copy-paste demand letter tailored to Texas. General information, not legal advice.

Return deadline30 days
StatuteTex. Prop. Code §§ 92.103, 92.109
Penalty for wrongful withholding$100 + 3× the wrongfully-withheld amount + attorney’s fees (bad faith)
Key requirementThe clock starts only after you give a written forwarding address

Verify before you rely on it. Landlord-tenant law changes and cities can add stricter rules. These figures are checked against the statute, but confirm Texas’s current law (or ask local legal aid or a tenants’ union) before citing it. Not legal advice.

Your Texas demand letter

Fill in every [bracketed] field, then send it by certified mail with return receipt and keep a copy.

[Your full name]
[Your new mailing address]
[City, State ZIP]
[Email]  ·  [Phone]

[Date]

[Landlord or property manager name]
[Landlord mailing address]

Re: Return of security deposit — [former rental address, unit #]

Dear [Landlord name],

I was a tenant at [former rental address] under a lease that ended on
[move-out date]. I returned possession and all keys on that date and left
the unit clean and undamaged beyond normal wear and tear. My forwarding
address is above.

At move-in I paid a security deposit of $[deposit amount]. Under Texas
law, Tex. Prop. Code §§ 92.103, 92.109, you must return the deposit and/or provide an itemized
statement of any deductions within 30 days of move-out.
That deadline has now passed.

Please return my full deposit of $[deposit amount] within [7-10] days of
this letter. Be aware that Texas law provides a penalty for wrongful
withholding: $100 + 3× the wrongfully-withheld amount + attorney’s fees (bad faith).

If you contend any deduction is proper, send a written, itemized statement
with copies of receipts or estimates as the statute requires. I would
prefer to resolve this directly, but I am prepared to file in small-claims
court to recover the deposit and any penalty and costs the law allows.

Sincerely,

[Signature]
[Your printed name]

What to do in Texas

  1. Confirm the deadline has passed — count 30 days from your move-out date. Use the deposit calculator to get the exact date.
  2. Send the demand letter above, citing Tex. Prop. Code §§ 92.103, 92.109. Attach your move-out photos and checklist.
  3. If the landlord still refuses, file in small-claims court — see the pre-suit demand and small-claims steps.

Questions

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

30 days, under Tex. Prop. Code §§ 92.103, 92.109. The clock starts only after you give a written forwarding address. Always confirm the current statute for your situation.

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

$100 + 3× the wrongfully-withheld amount + attorney’s fees (bad faith). To claim it, send a written demand citing Tex. Prop. Code §§ 92.103, 92.109, then file in small-claims court if the landlord still refuses.

Can I get my deposit back myself in Texas without a lawyer?

Yes. Most deposit disputes are resolved with a clear written demand letter citing the statute and deadline, and if needed a small-claims case — no lawyer required. Use the free letter on this page.

Other states

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