Generate a Texas move-out deduction dispute demand letter. Recover wrongfully withheld security deposit funds under Texas Property Code Chapter 92.
Generate My Letter — $19If 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.
Landlord-tenant relationships in Texas are governed by the Texas Property Code, Chapter 92 — Residential Tenancies (with Chapter 24 for eviction and Chapter 91 for tenancy termination) (Tex. Prop. Code Ch. 92 (also Ch. 91, Ch. 24)). It sets the baseline rules for deposits, repairs, entry, and eviction that a lease cannot lawfully undercut.
No state agency adjudicates landlord-tenant disputes; disputes go to the courts (Justice of the Peace / small claims). The Texas Attorney General and the Texas State Law Library / TexasLawHelp provide information but do not resolve individual disputes.
Security deposit: No statutory maximum on the deposit amount. Return deadline: 30 days after the tenant surrenders the premises (§ 92.103); the 30-day clock does not run until the tenant provides a written forwarding address (§ 92.107). Itemization required: a written description and itemized list of deductions must accompany any withholding (§ 92.104). Penalty for bad-faith wrongful withholding: forfeiture of the right to withhold plus liability for $100 + 3x the wrongfully withheld amount + reasonable attorney's fees (§ 92.109).
Habitability: Yes — statutory duty to repair conditions that materially affect the physical health or safety of an ordinary tenant. The landlord must make a diligent effort to repair after proper written notice, provided the tenant is not delinquent in rent (§§ 92.052, 92.056). Texas courts also recognize an implied warranty of habitability.
Repair and deduct: Allowed but limited (§ 92.0561). The tenant must give proper written notice, be current on rent, and the landlord must have failed to make a diligent effort to repair a condition materially affecting health/safety. Cap: total repairs/deductions in any one month may not exceed the greater of one month's rent or $500.
Rent withholding: Not a standard statutory remedy. Texas does not authorize general rent withholding/escrow; the tenant must stay current on rent to preserve statutory repair remedies. Remedies for failure to repair are instead repair-and-deduct (§ 92.0561) and judicial remedies including termination, court-ordered repair, rent reduction, and damages.
Landlord entry / notice: No statutory advance-notice requirement. The Texas Property Code contains no provision governing landlord entry — advance notice is required only if the lease specifies it (24-hour notice is a common lease standard, not a statutory mandate). Emergencies require no notice.
Retaliation protection: Protected activities (§ 92.331): giving notice to repair, exercising a statutory remedy, complaining in good faith about a condition to the landlord or a government entity, or participating in a tenant organization. The landlord may not retaliate within 6 months of the protected activity. Remedies: a civil penalty of one month's rent plus $500, actual damages, court costs, and attorney's fees (§ 92.333).
Ending the tenancy: Month-to-month: either party terminates by notice; if the rent-paying period is at least one month, the tenancy ends on the later of the date stated in the notice or one month after notice is given (§ 91.001). Fixed-term: terminates at the end of the stated term; no notice required unless the lease specifies it.
Eviction process: Notice: a default written 'notice to vacate' at least 3 days before filing suit, unless the lease provides otherwise (§ 24.005); may combine a demand for overdue rent. Court process: a 'forcible entry and detainer' (eviction suit) filed in the Justice of the Peace court for the precinct where the property is located (Ch. 24). Rough timeline: after the 3-day notice, hearing roughly 10-21 days out; a writ of possession cannot issue until at least 5 days after judgment, so a typical uncontested eviction runs about 3-6 weeks.
Rent control: State-preempted. Municipalities may not impose rent control except when the governing body finds a housing emergency due to a disaster and the governor approves (Tex. Local Gov't Code § 214.902). No Texas city currently has general rent control.
No state agency adjudicates landlord-tenant disputes; disputes go to the courts (Justice of the Peace / small claims). The Texas Attorney General and the Texas State Law Library / TexasLawHelp provide information but do not resolve individual disputes.
If eviction is threatened: Notice: a default written 'notice to vacate' at least 3 days before filing suit, unless the lease provides otherwise (§ 24.005); may combine a demand for overdue rent. Court process: a 'forcible entry and detainer' (eviction suit) filed in the Justice of the Peace court for the precinct where the property is located (Ch. 24). Rough timeline: after the 3-day notice, hearing roughly 10-21 days out; a writ of possession cannot issue until at least 5 days after judgment, so a typical uncontested eviction runs about 3-6 weeks.
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