Generate a Texas security deposit demand letter. Recover up to 3x your deposit plus $100 under Texas Property Code §92.109. Fast, state-specific, and effective.
Generate My Letter — $19If you're a Texas renter who didn't get your security deposit back, state law is firmly on your side. Texas Property Code Chapter 92 requires landlords to refund your deposit—or provide an itemized list of deductions—within 30 days after you move out and provide a forwarding address. When landlords act in bad faith, the penalties are steep: up to three times the withheld amount, plus a $100 statutory penalty, plus attorney's fees. A well-drafted demand letter is often all it takes to get your money back without filing in justice court. This page explains exactly how Texas law works, what your landlord must do, and how a properly worded demand letter can pressure a landlord into compliance before you ever step foot in a courtroom.
Texas security deposit law is governed by Chapter 92, Subchapter C of the Texas Property Code (§§ 92.101–92.109). Under § 92.103, a landlord must refund a tenant's security deposit no later than 30 days after the tenant surrenders the premises. The landlord may deduct lawful charges—such as unpaid rent or damages beyond normal wear and tear—but under § 92.104, deductions require a written, itemized description of damages and charges delivered to the tenant's forwarding address.
Importantly, the tenant must give the landlord a written forwarding address for the refund obligation to be enforceable (§ 92.107). However, this doesn't excuse a landlord from documenting deductions if they keep any portion of the deposit.
Texas distinguishes between ordinary withholding and bad faith withholding. Under § 92.109(a), 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. Under § 92.109(b), a landlord who in bad faith fails to provide a written itemized list of deductions forfeits the right to keep any of the deposit and must return all of it, plus attorney's fees.
The statute also creates a presumption: under § 92.109(d), a landlord who fails to return the deposit or deliver an itemized list within 30 days is presumed to have acted in bad faith. This presumption shifts the burden to the landlord to prove their conduct was reasonable.
"Normal wear and tear" is specifically defined in § 92.001(4) as deterioration from intended use, excluding deterioration from negligence, carelessness, accident, or abuse. Landlords cannot lawfully charge tenants for routine repainting, minor carpet wear, or small nail holes from hanging pictures.
A Texas security deposit demand letter works because it triggers the bad-faith presumption clock and creates a clear paper trail. Once 30 days have passed since you surrendered the property and provided a written forwarding address, the law presumes the landlord acted in bad faith if they haven't returned your deposit or sent an itemized list. Your demand letter puts the landlord on notice that you know your rights under Texas Property Code § 92.109 and are prepared to seek the statutory penalties.
An effective demand letter should: (1) identify the rental property and lease dates; (2) confirm the date you surrendered the premises and provided your forwarding address; (3) state the deposit amount; (4) cite Texas Property Code §§ 92.103, 92.104, and 92.109; (5) demand return of the full deposit or a lawful itemized list within a reasonable time (typically 7–10 days); and (6) warn that failure to comply will result in a justice court lawsuit seeking three times the withheld amount, the $100 penalty, and attorney's fees.
Send the letter by certified mail, return receipt requested, so you have proof of delivery. Keep a copy for your records along with photographs of the unit's condition at move-out, your move-in inspection report, and any communications with the landlord.
Many Texas landlords settle once they receive a demand letter referencing § 92.109. The threat of paying triple damages plus attorney's fees usually outweighs whatever they hoped to deduct. Even if the landlord ignores you, the letter strengthens your case in justice court by documenting your good-faith effort to resolve the dispute.
Texas justice courts (small claims) handle security deposit disputes up to $20,000, exclusive of statutory interest, court costs, and attorney's fees. Filing fees typically range from $50 to $75 depending on the county. Service of process adds approximately $75–$100. You can file in the precinct where the property is located or where the landlord resides. The statute of limitations for security deposit claims under the Texas Property Code is four years from the date of breach, though acting promptly preserves evidence and witness availability. Texas justice courts allow representation by non-attorneys, and proceedings are designed to be accessible to self-represented parties. After judgment, you may need to pursue collection through abstracts of judgment or wage garnishment, though Texas heavily restricts wage garnishment.
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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