Security Deposit Not Returned in Texas: What Can I Do?
This page explains the Texas rules for security deposits. It covers what your landlord can charge, what they can deduct, and the 30 day deadline to return your money. It also explains what to do if your landlord keeps your deposit.
-
A security deposit is money you pay in advance to cover damage or unpaid rent. Rent paid in advance and application deposits are not security deposits. No Texas law caps the amount. Your landlord can ask for any amount unless you live in public or subsidized housing.
Texas Property Code (texas.public.law mirror) § 92.102 TexasLawHelp.org (Texas RioGrande Legal Aid) What is a security deposit?✓ Sources checked September 11, 2026
-
Before you move in, walk through the home and take photos of any damage. Write a list of what is already broken or dirty. Sign it, ask your landlord to sign it, and keep a copy. These records help you prove later that you did not cause any of those damages to the property.
✓ Sources checked September 11, 2026
-
Since September 1, 2021, your landlord may offer a monthly fee instead of a deposit. They must also offer you the choice to pay a normal deposit. They must tell you in writing that you can stop paying the fee at any time and switch to a deposit. The fee is usually not refunded, so check the written agreement before you sign.
✓ Sources checked September 11, 2026
-
Do not skip your last month's rent and tell your landlord to use the deposit instead. Texas law bans this. If you do it, a court can order you to pay 3 times the rent you held back plus your landlord's lawyer fees. If you hold back $1,000 in rent, that is $3,000.
✓ Sources checked September 11, 2026
-
Your lease may say you must give written notice before moving out to get your deposit back. Often this is 30 or 60 days. That rule only counts if it is underlined or in bold print in the lease. Read your lease early and send the notice in writing. Keep a copy.
TexasLawHelp.org (Texas RioGrande Legal Aid) Before moving out Texas Property Code (texas.public.law mirror) § 92.103(b)✓ Sources checked September 11, 2026
-
When you move out, give your landlord your new mailing address in writing. Your landlord does not have to send the deposit or the list of deductions until you do this. You do not lose the deposit if you forget. But the 30 day clock does not start until the landlord has the address. The address can be a friend's or relative's home.
TexasLawHelp.org (Texas RioGrande Legal Aid) Move out day Texas Property Code (texas.public.law mirror) § 92.107(b)✓ Sources checked September 11, 2026
-
Your landlord must return your deposit within 30 days after you move out and return the keys. If you gave your forwarding address later, the 30 days runs from that date. The landlord meets the deadline if the refund or the list of deductions is mailed and postmarked by day 30.
TexasLawHelp.org (Texas RioGrande Legal Aid) Move out day Texas Property Code (texas.public.law mirror) § 92.103(a) Texas Property Code (texas.public.law mirror) § 92.1041✓ Sources checked September 11, 2026
-
Your landlord can only deduct for damage or charges you owe under the lease. They cannot deduct for normal wear and tear (the slow wearing out of the home from ordinary use, like faded paint or worn carpet). Damage from carelessness, accidents, or abuse by you or your guests is not normal wear and tear.
✓ Sources checked September 8, 2026
-
If your landlord keeps any part of the deposit, they must send you the rest. They must also send a written itemized list (a list naming each deduction and its cost). There is one exception. If you owe rent when you leave and you both agree on the amount, the landlord does not have to send the list.
✓ Sources checked September 11, 2026
-
If your landlord keeps your deposit in bad faith, a court can make them pay you 3 things. They must pay $100, plus 3 times the amount wrongfully kept, plus your lawyer fees. If they wrongly kept $1,000, that is $100 plus $3,000, or $3,100 before lawyer fees. A landlord who sends nothing within 30 days is presumed to act in bad faith. In court, the landlord must prove each deduction was reasonable.
✓ Sources checked September 11, 2026
-
A landlord who in bad faith fails to send the itemized list loses 2 rights: they lose the right to keep any part of the deposit and they also lose the right to sue you for damage to the home. They must also pay your lawyer fees if you sue to get the deposit back.
Texas Property Code (texas.public.law mirror) § 92.109(b) Texas Tenant Advisor (Texas Housers) What can I do if I don't get my security deposit back after 30 days?✓ Sources checked September 11, 2026
-
If 30 days pass with no refund and no list, first send your landlord a demand letter. State your forwarding address again, ask for the full deposit, and give a deadline to pay. Say you will go to court if they do not. Keep a copy.
TexasLawHelp.org (Texas RioGrande Legal Aid) Form: Security Deposit Demand Letter Texas Tenant Advisor (Texas Housers) Option 1: Send a demand letter✓ Sources checked September 11, 2026
-
If the letter does not work, you can sue in justice court (the Justice of the Peace, or JP, court). It handles small claims cases up to $20,000. Most people do this without a lawyer. File in the precinct where the home is located. Bring evidence such as your lease, photos, the forwarding address notice, and your demand letter.
TexasLawHelp.org (Texas RioGrande Legal Aid) What if I've moved and my landlord still won't refund my deposit? Texas State Law Library Remedies for Bad Faith Deductions Texas Justice Court Training Center Filing a Small Claims Case✓ Sources checked September 11, 2026
-
If the building is sold, the new owner takes over your deposit from the day they get title. The new owner must give you a signed statement naming the exact amount of your deposit. The old owner stays responsible until the new owner has the money or takes on the duty in writing.
✓ Sources checked September 11, 2026
Is something on this page wrong or out of date? Tell us.