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Texas security deposit law

Did your landlord keep your deposit? Here's what Texas law requires — and what they owe you if they broke it.

Return deadline
30 days
Max penalty
3x withheld
Small claims limit
$20,000.00

The deadline

Under Tex. Prop. Code §§ 92.103, 92.109, your landlord must return your deposit or send an itemized list of deductions within 30 days after you move out.

If they miss it or withhold in bad faith

$100 plus three times the amount wrongfully withheld plus attorney's fees.

Deductions that usually aren't allowed

  • Normal wear and tear (faded paint, light carpet wear, small nail holes)
  • Routine repainting or carpet cleaning between tenants
  • Damage that existed before you moved in
  • Charges with no receipts or itemization

How to get it back

Send a formal demand letter by certified mail citing Tex. Prop. Code §§ 92.103, 92.109, give the landlord 14 days to pay, then file in Texas small claims court (up to $20,000.00) if they don't.

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Informational only, not legal advice. Verify current law before relying on it.