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Texas · Security Deposit Law

Texas Security Deposit Law: 30 days Return Rule

Texas law (Tex. Prop. Code § 92.103) requires landlords to return your security deposit, along with a written itemized list of any deductions, within 30 days of move-out. The catch: you must provide a forwarding address. Fail to do so and the deadline doesn't start. But if the landlord misses the 30-day window without good cause, the penalties are steep: $100 plus three times the amount withheld.

Key fact: Texas landlords face a $100 fine plus triple damages if they wrongfully withhold your security deposit beyond 30 days.

Return deadline

30 days

Statute

Tex. Prop. Code § 92.103

Small claims limit

$20,000

Texas Security Deposit Penalty

Penalty: $100 + 3× the wrongfully withheld amount + attorney fees

Tex. Prop. Code § 92.109 imposes a penalty of $100 plus three times the portion wrongfully withheld, plus reasonable attorney's fees, if the landlord acts in bad faith.

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Texas Security Deposit FAQs

How long does my Texas landlord have to return my security deposit?

30 days after you surrender possession of the premises and provide your forwarding address. The clock does not start until you give the landlord your new address. Tex. Prop. Code § 92.103.

What is the penalty if my Texas landlord doesn't return my deposit?

Under Tex. Prop. Code § 92.109, a landlord who retains a deposit in bad faith is liable for $100 plus three times the amount wrongfully withheld, plus your reasonable attorney's fees. Texas Small Claims Court handles disputes up to $20,000.

Do I need a lawyer to send a security deposit demand letter?

No. A demand letter citing Tex. Prop. Code § 92.103 and § 92.109 is something any tenant can send. The triple-damages provision makes this one of the strongest tenant protections in the country, and that fact alone often prompts landlords to settle.

Does a demand letter actually work to get my deposit back?

Very effectively in Texas. The triple-damages threat under § 92.109 is a serious deterrent. Most landlords comply after receiving a formal demand that cites the statute and gives a clear deadline to respond.

Deadlines and statutes change. Always verify with your local court or legal aid before acting. kweldoc is a document drafting tool, not a law firm.