DraftMyComplaints Write a demand letter →

Home › Security deposit laws › Texas

Security deposits · TX

Texas security deposit law

Last updated October 13, 2026

You moved out, cleaned up, handed back the keys, and the deposit still hasn't shown up. Or it did, minus a list of charges that don't add up. Here is what Texas law says about that, in plain terms, with the statute so you can check it yourself.

Deadline
30 days after you surrender the unit. The landlord doesn't have to refund until you give a forwarding address in writing.
Deposit limit
No statutory cap.
If they don't comply
Bad-faith retention costs the landlord $100, plus three times the amount wrongfully withheld, plus your attorney's fees. Missing the 30 days means bad faith is presumed.
The law
Tex. Prop. Code §§ 92.101 to 92.113
Pick a date to see the deadline.

When the landlord has to pay you back

30 days after you surrender the unit. The landlord doesn't have to refund until you give a forwarding address in writing.

In Texas the forwarding address matters more than people expect. The landlord's duty to refund, or your right to the extra damages, is tied to having your address in writing. A text message saying "send it to my new place" is weak evidence. An email or letter with the full address is better.

If the landlord missed the deadline or kept too much

Bad-faith retention costs the landlord $100, plus three times the amount wrongfully withheld, plus your attorney's fees. Missing the 30 days means bad faith is presumed.

That is the part that tends to move a landlord. Plenty of them hold on to a deposit simply because nobody asks twice. A short letter that names the statute and the penalty changes the math for them: paying you now is usually cheaper than risking the penalty in small claims court.

What a landlord can usually deduct

Unpaid rent, and damage beyond normal wear and tear. Faded paint, light carpet wear and a few small nail holes after a long tenancy are the classic examples of wear and tear. A broken door or a large stain is damage. If the deductions are vague ("cleaning, $400") ask for the itemized list and receipts. Whether you're entitled to one, and how detailed it must be, depends on the statute above.

Deposit limits in Texas

Texas doesn't put a ceiling on how big a deposit can be. That makes the return rules the part worth knowing, because a large deposit is a lot of money to leave sitting with a former landlord.

How to ask for it back

  1. Get your paperwork together. The lease, proof of what you paid, move-in and move-out photos, and any messages about the deposit.
  2. Check the date. Count from the day the tenancy ended and you returned the keys. If the deadline hasn't passed, a polite reminder is enough for now.
  3. Send a written demand. Name the amount, the statute and a short deadline to pay, usually 7 to 14 days. Email works, but a letter with tracking is harder to ignore.
  4. File in small claims court if they don't pay. You don't need a lawyer there, and your demand letter becomes evidence that you tried to settle first.

A short demand letter for Texas

Dear [landlord],

I moved out of [address] on [date] and returned the keys. My security deposit of $[amount] has not been returned, and I have not received an itemized list of deductions within 30 days the law allows.

Tex. Prop. Code §§ 92.101 to 92.113 sets out when a landlord in Texas must return a deposit and what happens when they don't. I'd rather settle this directly than in court.

Please pay $[amount] to me at [forwarding address] within 10 days of this letter. If I don't receive it by then, I will file a claim in small claims court and ask for everything the statute allows.

Sincerely,
[your name]

The generator fills this in with your actual numbers and dates, adjusts the tone, and gives you a PDF or an email ready to send.

Write my Texas demand letter →

Common questions

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

30 days after you surrender the unit. The landlord doesn't have to refund until you give a forwarding address in writing.

How much can a landlord charge for a security deposit in Texas?

No statutory cap.

What happens if a Texas landlord doesn't return the deposit?

Bad-faith retention costs the landlord $100, plus three times the amount wrongfully withheld, plus your attorney's fees. Missing the 30 days means bad faith is presumed.