Texas Security Deposit Laws & Demand Letter
Texas law gives your landlord 30 days to return your security deposit if no deductions are claimed, or 30 days to send a written itemization of any deductions. Miss those windows and the landlord may forfeit the right to keep any of it.
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The Texas security deposit deadline
Under Tex. Prop. Code §§ 92.103–92.109, a Texas landlord has two options after a tenant vacates the rental:
- Return the full deposit within 30 days if no deductions are being claimed; or
- Send a written notice of intent to impose a claim within 30 days, identifying the amount and reasons for any deductions.
If the landlord misses both windows, they generally forfeit any right to deductions and owe the tenant the full deposit. The relevant statutory language reads:
Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. ... Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. (b) The landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions ... Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
Source: Tex. Prop. Code §§ 92.103–92.109
Damages and remedies
Texas allows aggrieved tenants to recover $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, where the landlord acted in bad faith. Per Tex. Prop. Code § 92.109(a)–(b), a landlord who in bad faith retains a security deposit is liable for $100, three times the wrongfully withheld portion, and the tenant's reasonable attorney's fees.
Attorney's fees: Texas law provides that the prevailing party in a deposit dispute is entitled to recover reasonable attorney's fees and court costs. This is a meaningful pressure point in your demand letter.
What to do next
- Confirm your deadline. Use the calculator above with your move-out date.
- Send a certified demand letter. A formal, statute-cited demand sent via USPS Certified Mail creates a documented record and is what most landlords respond to.
- Wait 7-14 days. If no response, send a follow-up notice escalating the demand.
- Consider small-claims court. Texas small-claims court handles disputes up to $20,000. A clean case packet (lease, photos, certified-mail receipts, statute citation) is what wins these.
Common questions
How long does my landlord have to return my security deposit in Texas? +
Under Tex. Prop. Code §§ 92.103–92.109, the landlord must return the deposit within 30 days of move-out if no deductions are claimed, or send a written notice of intent to impose a claim within 30 days.
What happens if my landlord misses the deadline in Texas? +
Texas allows aggrieved tenants to recover $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, where the landlord acted in bad faith. Per Tex. Prop. Code § 92.109(a)–(b), a landlord who in bad faith retains a security deposit is liable for $100, three times the wrongfully withheld portion, and the tenant's reasonable attorney's fees.
Can I recover attorney's fees in Texas? +
Yes. Under Texas law, the prevailing party in a security deposit action is entitled to recover reasonable attorney's fees and court costs.
Is interest required on my security deposit in Texas? +
Texas does not generally require interest on security deposits unless the rental agreement specifies otherwise.
What's the small-claims court limit in Texas? +
Texas small-claims court handles disputes up to $20,000.
How long do I have to file a security deposit lawsuit in Texas? +
The statute of limitations for security deposit claims in Texas is generally 4 years.
Do I need a lawyer to send a demand letter? +
No. A demand letter is something a tenant can send on their own. Many landlords respond to a properly-formatted certified demand letter without further action. SecurityDepositBack is a self-help platform — we prepare the letter and mail it; we don't represent you legally.
What's the difference between a demand letter and small-claims court? +
A demand letter is a written request for payment, sent before any lawsuit. It's often the quickest path to resolution. If the landlord ignores the demand, the next step is filing in small-claims court. Many cases settle at the demand-letter stage, which saves you both time and filing fees.