Texas Move-Out Deduction Dispute Letter Generator

If your Texas landlord kept part or all of your security deposit and charged you for damages you don't believe you caused, Texas law gives you strong tools to fight back. Texas Property Code Chapter 92 requires landlords to return your deposit, along with an itemized list of any deductions, within 30 days after you move out and provide a forwarding address. When landlords inflate cleaning charges, deduct for normal wear and tear, or fail to provide written itemization, they may be acting in 'bad faith' under state law. A well-drafted demand letter referencing the specific statute often prompts a refund without litigation, because Texas penalties for bad-faith retention are significant and clearly defined.

Texas Property Code § 92.103 requires a landlord to refund a security deposit within 30 days after the tenant surrenders the premises. Under § 92.104, the landlord may deduct only damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease. Critically, the statute prohibits deductions for 'normal wear and tear,' which is defined in § 92.001(4) as deterioration that results from the intended use of the dwelling, not from negligence, carelessness, accident, or abuse. If the landlord makes any deductions, § 92.104(c) requires them to provide a written, itemized description of damages and charges. Section 92.107 provides an important exception: the landlord has no obligation to return the deposit or provide written itemization until the tenant gives written notice of a forwarding address. Section 92.109 sets out the penalties for bad-faith violations. A landlord who in bad faith retains the deposit is liable for $100, three times the portion wrongfully withheld, and reasonable attorney's fees. A landlord who in bad faith fails to provide the itemized list within 30 days forfeits the right to withhold any portion of the deposit and the right to sue the tenant for damages, and is liable for the tenant's attorney's fees in any related lawsuit. The statute presumes bad faith if the landlord fails to return the deposit or provide the itemized list within 30 days, shifting the burden to the landlord to prove they acted in good faith. This presumption strongly favors tenants who document their move-out and forwarding address properly.

A demand letter is often the fastest way to recover a wrongfully withheld Texas security deposit because the statutory penalties create real financial pressure on landlords. Your letter should identify the property, your move-out date, the date you provided your forwarding address in writing, and the amount of the deposit. List each deduction you dispute and explain why it is improper—for example, charges for repainting after normal occupancy, carpet replacement due to ordinary wear, or cleaning fees that exceed reasonable amounts. Cite Texas Property Code § 92.104 for improper deductions, § 92.103 for the 30-day deadline, and § 92.109 for the bad-faith penalties: $100, three times the wrongfully withheld amount, plus attorney's fees. State a clear deadline for the landlord to respond, typically 10 to 14 days, and specify the total amount you will seek if forced to file in justice court. Attach supporting evidence: your move-in and move-out condition reports, photos, the lease, the itemized deduction list (if any), and proof you delivered your forwarding address. Send the letter by certified mail with return receipt requested, and keep copies of everything. Many Texas landlords, once they see the statutory math—particularly the treble damages and the presumption of bad faith for missed deadlines—will refund the disputed amount rather than risk litigation. If the landlord ignores the letter or refuses to pay, you preserve a strong record for a justice court claim.

Most Texas security deposit disputes are filed in justice court (small claims), which now handles claims up to $20,000. Filing fees typically range from $54 to $124 depending on the county and service method. You generally do not need an attorney, and the rules of evidence are relaxed. Under Texas Civil Practice and Remedies Code § 16.004, the statute of limitations for a written contract claim is four years, but suing promptly preserves evidence and witnesses. Venue is usually proper in the justice precinct where the rental property is located. If your landlord is a corporation or LLC, you must serve the registered agent. Recovering attorney's fees is available under § 92.109 when bad faith is shown.