DisputeKit / Texas
How long does a Texas landlord have to return a security deposit?
30 days. Under Texas Property Code § 92.103, a landlord must refund the security deposit together with a written description and itemized list of all deductions within 30 days. The clock runs from the day you surrendered the premises (moved out and handed back possession). Your landlord does not have to refund the deposit or send the itemized list until you give them a forwarding address in writing. A court may also award $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, if the landlord retained the deposit in bad faith (a landlord who misses the 30-day deadline is presumed to have acted in bad faith).
I moved out of my place in on and my landlord still has my $ deposit.
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Conditions that change the deadline
- The landlord does not have to refund the deposit or send the itemized list until the tenant has given the landlord a written statement of a forwarding address; the tenant does not lose the deposit just by failing to give one.
- If the lease requires advance notice of moving out as a condition of the refund, that requirement only counts if it is underlined or in conspicuous bold print in the lease.
What Texas law says about deductions and your rights
- Deductions are limited to damages and charges the tenant is legally liable for under the lease; the landlord may not keep any part of the deposit for normal wear and tear.
- In a tenant's lawsuit the landlord has the burden of proving that keeping any part of the deposit was reasonable.
- An itemized list is not required if the tenant owed rent at move-out and there is no dispute about the amount of rent owed.
- A tenant may not withhold the last month's rent on the grounds that the deposit covers it; doing so can make the tenant liable for three times the rent withheld.
- A refund or itemized list mailed and postmarked on or before the deadline counts as on time.
- Missing the 30-day deadline creates a presumption of bad faith; if a court finds bad faith, the landlord forfeits the right to withhold any portion of the deposit (Tex. Prop. Code § 92.109).
If the deadline has passed
Send a written demand letter. State the dates and amounts, the law and the deadline, and a date by which you expect payment. Keep proof that you sent it.
If they still don't pay, you can file in small claims court. The limit in Texas is $20,000 in justice court (small claims cases), not counting interest, and the filing fee is About $54 to file in most justice courts, plus a separate fee to serve the defendant that varies by county.
Steps
- Find your move-out date and deposit amount
- Give your landlord your forwarding address in writing (your demand letter can do this)
- Work out when the clock started: The clock runs from the day you surrendered the premises (moved out and handed back possession). Your landlord does not have to refund the deposit or send the itemized list until you give them a forwarding address in writing
- Count 30 days from that date to find the deadline
- Send a written demand letter citing the law
- File in small claims court if unpaid
Common questions
When does the clock start in Texas?
The clock runs from the day you surrendered the premises (moved out and handed back possession). Your landlord does not have to refund the deposit or send the itemized list until you give them a forwarding address in writing.
What if I got part of my deposit back?
You can still ask for the rest. Your claim is the deposit minus what was returned and minus any deductions you agree were allowed.
Can I get more than my deposit back?
Possibly. Texas law allows a court to award $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees, if the landlord retained the deposit in bad faith (a landlord who misses the 30-day deadline is presumed to have acted in bad faith). A judge decides; it is not guaranteed.
Do I need a lawyer?
Not usually. Small claims court in Texas is designed for people without lawyers. For advice about your situation, talk to a licensed attorney.