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Texas security deposit: 30 days to get it back

The landlord must refund the deposit, with a written description and itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises. The landlord need not refund or itemize until the tenant gives a written forwarding address. A lease can require advance written notice of surrender only if underlined or in conspicuous bold.

What the law requires

Itemized statement
If the landlord keeps any part, it must give a written description and itemized list of all deductions with the balance. Itemization is not required if the tenant owes rent and the amount is undisputed. A landlord may not deduct for normal wear and tear.
Forwarding address
Under § 92.107, the landlord need not return the deposit or give the itemized list until the tenant gives a written statement of a forwarding address. The tenant's right to the refund is delayed, not lost, if no address is given.
If the landlord breaks the rules
A landlord who in bad faith retains a deposit is liable for $100 plus three times the portion wrongfully withheld, plus reasonable attorney's fees. Failing to return the deposit or itemize by day 30 is presumed bad faith, and the landlord must prove retention was reasonable.
Loss of the right to deduct
A landlord who in bad faith does not provide the itemized list forfeits the right to withhold any portion of the deposit and to sue the tenant for damages to the premises, and owes the tenant's attorney's fees (§ 92.109(b)).
Deposit cap
No statutory cap found in Subchapter C.
Small claims limit
$20,000 in Justice Court

If your landlord misses the deadline

  1. Write down your dates and gather proof: move-out date, the date you gave your forwarding address, the deposit amount, and anything the landlord sent. Photos and receipts help.
  2. Send a written demand by certified mail, keep the receipt, and cite Tex. Prop. Code §§ 92.101-92.109. Give a date to respond.
  3. If you still aren't paid, file in Justice Court. Deposit claims up to $20,000 can be filed there, usually without a lawyer. Check the court's website for current filing fees and forms.

What a Texas demand letter looks like

Re: Demand for return of security deposit / Rental address: [Street address, unit, city, state ZIP]

Dear [Landlord name]:

I rented the property above from you under a lease that began on [lease start date]. I paid a security deposit of $[deposit amount] on [date paid]. I moved out and returned possession on [move-out date].

My forwarding address is [forwarding address]. Please send my deposit and any required statement to that address.

[A.] I have not received my deposit or an itemized statement of deductions. Under Tex. Prop. Code §§ 92.101-92.109, a landlord must return a tenant's security deposit, or send an itemized statement of any deductions, within 30 days after the tenant moves out and gives a forwarding address. That deadline passed on [deadline date].

Preview of the first part of letter one. Yellow marks the parts you fill in.

Common questions

How long does a landlord in Texas have to return a security deposit?

The landlord must refund the deposit, with a written description and itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises. The landlord need not refund or itemize until the tenant gives a written forwarding address. A lease can require advance written notice of surrender only if underlined or in conspicuous bold.

What happens if a Texas landlord keeps the deposit wrongfully?

A landlord who in bad faith retains a deposit is liable for $100 plus three times the portion wrongfully withheld, plus reasonable attorney's fees. Failing to return the deposit or itemize by day 30 is presumed bad faith, and the landlord must prove retention was reasonable. A landlord who in bad faith does not provide the itemized list forfeits the right to withhold any portion of the deposit and to sue the tenant for damages to the premises, and owes the tenant's attorney's fees (§ 92.109(b)).

Do I have to give my Texas landlord a forwarding address?

Under § 92.107, the landlord need not return the deposit or give the itemized list until the tenant gives a written statement of a forwarding address. The tenant's right to the refund is delayed, not lost, if no address is given.

Where do I sue for my deposit in Texas?

Deposit claims up to $20,000 can be filed in Justice Court. Check the court's website for current filing fees and forms.

Other states

Rules reviewed October 2026. Laws change, so confirm with the statute before you rely on this page.