Texas Security Deposit Law: Deadlines, Penalties & How to Get Your Deposit Back
Texas gives a landlord 30 days to return your security deposit or send an itemized statement of deductions, under Tex. Prop. Code §§ 92.101–92.109. If that window has passed and you haven’t been paid, you have leverage — here’s exactly what the statute says and how to act on it.
Texas security-deposit law at a glance
- Deadline to return / itemize
- 30 days
- after the tenancy ends
- Bad-faith penalty exposure
- Up to 3×
- a court may award if it finds bad faith
- Itemization required?
- Yes
- missing the deadline can forfeit the right to withhold
- Attorney’s fees recoverable?
- Yes
- under Tex. Prop. Code §§ 92.101–92.109
How long does a Texas landlord have?
Under Tex. Prop. Code §§ 92.101–92.109, a Texas landlord has 30 days after your tenancy ends to return your deposit or provide an itemized statement of any deductions. Texas requires that itemized statement when the landlord keeps any part of the deposit. Count from the day the tenancy ended. If the deadline has passed and you haven’t been paid or itemized, your landlord is late — and that’s the leverage your demand letter is built on.
What penalty can a Texas landlord face?
A landlord who keeps a deposit in bad faith may owe up to 3× the deposit. Specifically, under Tex. Prop. Code §§ 92.101–92.109, Texas law lets a tenant seek $100 plus three times the portion of the deposit wrongfully withheld if a court finds the landlord acted in bad faith. The three-times penalty applies to the portion wrongfully withheld; bad faith is presumed if the landlord neither returns the deposit nor sends an itemized statement within 30 days.
Important: any penalty is something a court may award if it finds the landlord acted in bad faith — it is never automatic, and you would still need to make that case. Texas also lets a prevailing tenant recover attorney's fees.
How to get your deposit back in Texas
- 1. Send a written demand. Put the deadline your landlord missed and the statute (Tex. Prop. Code §§ 92.101–92.109) in writing, by certified mail with return receipt, so you have proof of the date they received it.
- 2. Keep your records. Move-out photos, the walkthrough checklist, your lease, and proof you gave a forwarding address are your evidence if the landlord disputes the claim.
- 3. If they don’t pay, file in small claims. You can ask a Texas small claims court to order the deposit returned, and — under Tex. Prop. Code §§ 92.101–92.109 — to seek $100 plus three times the portion of the deposit wrongfully withheld if a court finds the landlord acted in bad faith plus attorney's fees, which the court may award if you prove your case. The small-claims dollar limit varies by court within the state, so check your county’s limit before filing.
Generate your Texas demand letter
Run the free leverage check — enter your deposit and how long it’s been, and we’ll show you exactly how many days past Texas’s 30-day deadline your landlord is and the penalty exposure under Tex. Prop. Code §§ 92.101–92.109. Then, for a flat $39, get a firm, statute-cited demand letter you send yourself plus a Texas small-claims escalation roadmap. You keep 100% of whatever you recover.
Texas security deposit FAQ
- How long does a landlord have to return a security deposit in Texas?
- Texas law gives a landlord 30 days to return the deposit or send an itemized statement of any deductions, under Tex. Prop. Code §§ 92.101–92.109. Count from the day your tenancy ended; if that window has passed and you haven't been paid or itemized, your landlord is late.
- What penalty can a Texas landlord face for wrongfully keeping a deposit?
- Under Tex. Prop. Code §§ 92.101–92.109, $100 plus three times the portion of the deposit wrongfully withheld if a court finds the landlord acted in bad faith. That is something a court may award if it finds bad faith — it is not automatic, and you would still need to make that case. The three-times penalty applies to the portion wrongfully withheld; bad faith is presumed if the landlord neither returns the deposit nor sends an itemized statement within 30 days. Texas also lets a prevailing tenant recover attorney's fees.
- Does my Texas landlord have to itemize deductions?
- Yes. Under Tex. Prop. Code §§ 92.101–92.109, a Texas landlord must provide an itemized statement of any deductions within the return window. Missing the deadline can forfeit the landlord's right to keep any of the deposit.
- Can I take my Texas landlord to small claims court over my deposit?
- Yes. If your landlord won't return the deposit after a written demand, you can file in Texas small claims court (small-claims dollar limits vary by court within the state). There you can ask the court to order the deposit returned, and — under Tex. Prop. Code §§ 92.101–92.109 — to seek $100 plus three times the portion of the deposit wrongfully withheld if a court finds the landlord acted in bad faith plus attorney's fees, which the court may award if you prove your case. Small claims is designed to be navigated without a lawyer.
Sources
The Texas facts on this page are drawn from Tex. Prop. Code §§ 92.101–92.109 and the references below. Always confirm the current text of the statute for your situation.