Texas security deposit law
What should I do if my landlord won't return my deposit in Texas?
The short answer
Build the paper trail: confirm your forwarding address in writing, then send a demand letter by certified mail citing Tex. Prop. Code § 92.103 / § 92.109 and the 30 days deadline. A statute-cited demand is the step that moves most cases, and it sets up Justice Court if needed.
When a Texas landlord goes quiet on your deposit, escalate in writing, in this order.
First, remove their easiest excuse: send your forwarding address in writing (text or email counts, but letter is better) and keep proof. Second, send a formal demand letter by certified mail. Cite Tex. Prop. Code § 92.103 / § 92.109, state the 30 days deadline and the date it passed, itemize what you are owed, and give a firm response date, typically 10 to 14 days. Certified mail matters: it creates dated proof the landlord received your demand, which is exactly what a judge asks about first.
Third, know the leverage behind the letter: Texas law allows up to 3x the deposit for wrongful withholding where bad faith is shown, which is why a landlord's lawyer will usually advise settling a clear case.
If the letter is ignored, Justice Court handles deposit disputes up to $20,000, no attorney required, and your certified-mail demand becomes your first exhibit. Most tenants never need the courtroom: the letter, done properly, is where the money moves.
The Texas rules at a glance. Governing statute: Tex. Prop. Code § 92.103 / § 92.109. Return deadline: 30 days. Statutory damages: up to 3x the deposit for wrongful withholding. Attorney's fees: recoverable in qualifying cases. Court for disputes: Justice Court, claims up to $20,000.
Looking for the rules beyond this state? My landlord didn't return my security deposit. What do I do?
See what your landlord owes you under Texas law.
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