State law file
Security deposit law in Texas
Based on Tex. Prop. Code § 92.109 · Verified 2026-06-11
Texas tenants can recover up to 3x the wrongfully withheld deposit amount plus $100 under Tex. Prop. Code § 92.109.
Under Tex. Prop. Code § 92.109, landlords in Texas must return security deposits within 30 days of move-out. Landlords must provide an itemized statement of deductions within 30 days.
Source: Tex. Prop. Code § 92.109. Verified 2026-06-11.
Your rights under Tex. Prop. Code § 92.109
In Texas, a landlord must return a tenant's full security deposit within 30 days of move-out or explain every deduction in writing. Under Tex. Prop. Code § 92.109, a landlord who misses that window owes up to 3x the withheld amount plus $100 in additional penalties.
Under Tex. Prop. Code § 92.109, landlords in Texas must return a tenant's security deposit — or the balance after lawful deductions — within 30 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 30 days. Failure to provide this statement is independently actionable.
If a landlord fails to return the deposit within 30 days, Texas law allows up to 3x the wrongfully withheld amount plus $100 as damages.
Texas puts the burden where it belongs. If your landlord doesn't send back your deposit, or a written itemized list of deductions, by day 30 after you surrender the unit, Tex. Prop. Code § 92.109 presumes they acted in bad faith — and once that presumption applies, the landlord has to prove the retention was reasonable, not the other way around. Itemizing isn't optional either: § 92.104 requires a written, itemized list alongside whatever balance is returned, with only one narrow exception.
What Texas landlords can — and can't — deduct
Landlords in Texas may deduct for unpaid rent or documented damage, but cannot charge tenants for normal wear and tear like faded paint or minor scuffs. Every deduction must be itemized within 30 days, or the landlord risks up to 3x the withheld amount plus $100 in additional penalties.
If your landlord charged you for anything in the right-hand column, you have grounds to dispute it under Tex. Prop. Code § 92.109. The normal wear and tear guide has more examples.
Small claims court in Texas
In Texas, a tenant can sue for a wrongfully withheld deposit in small claims court, where the limit is $20,000. Filing there costs about $46, and a landlord who lets 30 days pass risks up to 3x the withheld amount plus $100 in additional penalties.
Texas's small claims limit is $20,000, and filing a case there costs about $46.
If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.
Frequently asked questions
How long does my landlord have to return my deposit in Texas?
Under Tex. Prop. Code § 92.109, landlords in Texas must return the security deposit within 30 days after the tenancy ends. They must also provide an itemized statement of any deductions within 30 days.
What happens if my Texas landlord doesn't return my deposit on time?
If a landlord fails to return the deposit within 30 days, Texas law allows up to 3x the wrongfully withheld amount plus $100 as damages. You can send a formal demand letter and, if ignored, file in Justice of the Peace Court without an attorney.
Can my landlord deduct for normal wear and tear in Texas?
No. Under Tex. Prop. Code § 92.109, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Texas. Only damage beyond normal wear and tear is a valid deduction.
How do I file a small claims case for my security deposit in Texas?
File in Justice of the Peace Court in the county where the rental property is located. Filing costs about $46, and Texas's small claims limit is $20,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.
My landlord isn't responding to calls or texts — now what?
Put it in writing. A demand letter citing Tex. Prop. Code § 92.109 names the deadline your landlord was under and the penalty the statute allows, and gives them a specific date to respond by. Sent by certified mail, it also creates a record of the date it went out and the address it reached — the kind of documentation Justice of the Peace Court expects if the dispute goes that far.
What happens if my Texas landlord ignores the 30-day deadline?
The law works against them. Tex. Prop. Code § 92.109 presumes a landlord acted in bad faith if they neither return the deposit nor send a written, itemized list of deductions by the 30th day after you surrender the unit. That presumption shifts the fight in your favor — once bad faith is presumed, the landlord has to prove otherwise, or owes $100, three times the amount wrongfully withheld, and your reasonable attorney's fees.
Who has to prove the deductions were fair in a Texas dispute?
The landlord does. Under Tex. Prop. Code § 92.109, once you sue to recover a wrongfully withheld deposit, the burden falls on the landlord to prove the retention was reasonable — you don't have to disprove every line item yourself. Keep your move-in and move-out photos anyway; they make the landlord's side of that burden harder to carry.
Does my Texas landlord ever get to skip itemizing deductions?
Only in one narrow case. Tex. Prop. Code § 92.104 requires a written, itemized list of every deduction alongside whatever balance is returned — the only exception is when you owe undisputed rent at move-out. If there's any dispute over how much rent you owe, or you don't owe rent at all, your landlord must itemize.
What your letter looks like
A Texas demand letter opens like this
Every letter cites Tex. Prop. Code § 92.109 and calculates the amounts from your own numbers. This sample uses a $1,750 deposit with $300 returned.
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Researching a specific landlord? Check the DepositHawk landlord ratings database — search by name or property management company to see deposit return history.
Ready to mail your letter? Send it by certified mail so you have proof of the date it went out and the date it arrived. Already wrote your own? Run it through the free letter checker before you send it. Still building your evidence file? The move-out photo checklist covers exactly what to document before you hand back the keys. If your landlord ignores the letter, the Texas small claims guide walks through filing without a lawyer. For the whole process in one place, read what to do when a landlord won't return your deposit. A chatbot can draft a letter like this one, but it can't mail it by certified mail or search your landlord's eviction-filing history — DepositHawk does both.
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DepositHawk is not a law firm and does not provide legal advice. This information is based on Tex. Prop. Code § 92.109 as of 2026. Laws change. Verify current statutes at your state legislature's website. Consult a licensed attorney for advice specific to your situation.
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