Texas · Security Deposits

Security Deposit Not Returned in Texas: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Texas.

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.

What the law says

  1. 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 (housing where the government helps pay part of the rent).

    Sources:
    1. § 92.102, Texas Property Code (texas.public.law mirror). Law.
    2. What is a security deposit?, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.

  2. 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 that damage to the property.

    Source:
    1. Before moving in, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.

  3. 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.

    Source:
    1. § 92.111 (history note), Texas Property Code (texas.public.law mirror). Law.

  4. 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.

    Source:
    1. § 92.108, Texas Property Code (texas.public.law mirror). Law.

  5. 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 what was taken out is mailed by day 30. The post office date stamp on the envelope must show day 30 or earlier.

    Sources:
    1. Move out day, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.
    2. § 92.103(a), Texas Property Code (texas.public.law mirror). Law.
    3. § 92.1041, Texas Property Code (texas.public.law mirror). Law.

  6. Your landlord can only take money out of your deposit for damage or charges you owe under the lease. Normal wear and tear (the slow wearing out of the home from ordinary use, like faded paint or worn carpet) does not count. Damage from carelessness, accidents, or abuse by you or your guests is not normal wear and tear.

    Sources:
    1. § 92.104(a), (b), Texas Property Code (texas.public.law mirror). Law.
    2. § 92.001(4), Texas Legislature Online. Law.

  7. If your landlord keeps any part of the deposit, they must send you the rest. They must also send a written list naming each amount taken out and its cost. The landlord can skip the list only if you owe rent when you leave and you both agree on the amount.

    Source:
    1. Tex. Prop. Code § 92.104(c), Texas Property Code (texas.public.law mirror). Law.

  8. 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.

    Source:
    1. § 92.105(b-1), Texas Property Code (texas.public.law mirror). Law.

Ask for your deposit back

  1. 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.

    Sources:
    1. Before moving out, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.
    2. § 92.103(b), Texas Property Code (texas.public.law mirror). Law.

  2. 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 what was taken out 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.

    Sources:
    1. Move out day, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.
    2. § 92.107(b), Texas Property Code (texas.public.law mirror). Law.

  3. 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.

    Sources:
    1. Form: Security Deposit Demand Letter, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.
    2. Option 1: Send a demand letter, Texas Tenant Advisor (Texas Housers). A nonprofit group.

If your landlord does not pay

  1. 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 they wrongly kept, plus your lawyer fees. If they wrongly kept $1,000, that is $100 plus $3,000, or $3,100 before lawyer fees. If your landlord sends nothing within 30 days, the law starts by treating that as bad faith. In court, the landlord must prove each amount taken out was reasonable. You get this money only if you win your case and your landlord pays.

    Sources:
    1. Our editorial rules.
    2. § 92.109(c), Texas Property Code (texas.public.law mirror). Law.

  2. A landlord who in bad faith fails to send the list of what was taken out loses 2 rights. They lose the right to keep any part of the deposit. 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.

    Sources:
    1. § 92.109(b), Texas Property Code (texas.public.law mirror). Law.
    2. What can I do if I don't get my security deposit back after 30 days?, Texas Tenant Advisor (Texas Housers). A nonprofit group.

Going to court

  1. 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. You get this money only if you win your case and your landlord pays.

    Sources:
    1. Our editorial rules.
    2. What if I've moved and my landlord still won't refund my deposit?, TexasLawHelp.org (Texas RioGrande Legal Aid). A nonprofit group.
    3. Remedies for Bad Faith Deductions, Texas State Law Library. A government guide.
    4. Filing a Small Claims Case, Texas Justice Court Training Center. A government guide.

Published by Nazanin, September 12, 2026. Sources checked September 20, 2026. Is something on this page wrong or out of date? Tell us.