Under Texas security deposit law, your landlord has 30 days after you move out to return your deposit or send you an itemized list of any deductions, and they can only keep money for unpaid rent or damage beyond normal wear and tear. If they withhold your money in bad faith, you can sue for $100 plus three times the amount wrongfully kept, plus reasonable attorney’s fees.1State of Texas. Texas Property Code 92.109 – Liability of Landlord Texas sets no cap on how much a landlord can charge as a deposit and requires no interest on the money while it’s held.
The 30-Day Clock and How to Start It
Once you move out and hand over the keys, your landlord has 30 days to either refund your deposit in full or send a partial refund with an itemized list of what they kept and why.2State of Texas. Texas Property Code 92.103 – Obligation to Refund Missing that deadline creates a legal presumption of bad faith, which changes the math dramatically if the case ends up in court.
The catch: the landlord’s obligation to send the refund is paused until you give them a written forwarding address. You don’t forfeit your deposit by failing to provide one promptly, but the 30-day clock doesn’t truly start until they have it. So hand your landlord a written forwarding address the day you return the keys, even if it’s a P.O. box or a friend’s place, and keep a copy. The clock starts then.
One trap worth knowing about: if your lease requires you to give advance notice before moving out as a condition of getting your deposit back, that clause is only enforceable if it appears in underlined or conspicuous bold text in the lease.2State of Texas. Texas Property Code 92.103 – Obligation to Refund A notice requirement buried in standard type in the middle of a long lease won’t hold up.
What a Landlord Can and Cannot Deduct
Landlords can deduct for two things: money you owe under the lease (typically unpaid rent, and an early termination fee if the lease provides for one) and damage beyond normal wear and tear.3State of Texas. Texas Property Code 92.104 – Retention of Security Deposit; Accounting They cannot keep any portion for normal wear and tear. The statute is explicit.
The line between damage and wear is where most disputes live. Faded paint, carpet worn thin from foot traffic, small nail holes, loose grouting, and minor scuffs are normal wear. Gaping holes in walls, carpet burns and stains, broken windows, doors ripped off hinges, and missing fixtures are damage. A workable rule of thumb: wear happens gradually from ordinary living; damage results from a specific event, neglect, or misuse.
Cleaning is where landlords push hardest. A cleaning charge is only justified when you left the unit genuinely filthy: heavy grease buildup, pet urine in the carpet, mold from neglected moisture. Dust on the blinds and a few crumbs in a drawer are the normal costs of turnover. Some leases require professional carpet cleaning at move-out, but those clauses only bind you if you actually agreed to them. A $300 carpet cleaning charge for a unit with normal foot traffic will be hard for a landlord to justify in court.
The Itemized List Rule
When a landlord keeps any portion of your deposit, they must send you a written, itemized breakdown of each deduction along with whatever balance remains.3State of Texas. Texas Property Code 92.104 – Retention of Security Deposit; Accounting “Repairs — $500” is not enough. The landlord has to say what was repaired, where, and how much each item cost. Vague line items have been treated by courts as a failure to comply.
The consequences for skipping the itemized list are heavy. A landlord who fails to provide it in bad faith forfeits the right to keep any portion of the deposit, even if the underlying deductions would have been perfectly legitimate, and owes your attorney’s fees on top of the full refund.1State of Texas. Texas Property Code 92.109 – Liability of Landlord
There is one exception. The landlord does not have to send an itemized list if you owe rent at move-out and the amount owed isn’t in dispute.3State of Texas. Texas Property Code 92.104 – Retention of Security Deposit; Accounting If you moved out owing $800 in back rent and your deposit was $800, the landlord can apply it without the paperwork. The moment they also claim damage or cleaning, the itemization requirement kicks back in.
Deposits vs. Non-Refundable Fees
A security deposit is any upfront payment meant to guarantee you’ll meet your lease obligations, and it doesn’t include application fees or advance rent.4State of Texas. Texas Property Code Chapter 92 – Residential Tenancies A non-refundable fee, by contrast, is money the landlord keeps regardless of the unit’s condition. Pet fees and administrative fees are common examples, and the lease has to clearly identify them as non-refundable.
Labeling matters here. If your lease calls something a “cleaning deposit” or “pet deposit” without the word “non-refundable,” you have a strong argument that the security deposit return rules apply to it in full. A landlord who calls a payment a “deposit” but treats it as non-refundable at move-out has a problem regardless of what they meant.
Bad-Faith Penalties
Texas gives tenants real teeth when landlords play games. Section 92.109 is written to make wrongful withholding more expensive than just returning the money.
A landlord who retains your deposit in bad faith owes three things: $100 in statutory damages, three times the portion of the deposit wrongfully withheld, and your reasonable attorney’s fees.1State of Texas. Texas Property Code 92.109 – Liability of Landlord On a $1,500 deposit that was wholly wrongful, that’s $100 plus $4,500 plus fees. That number gets a landlord’s attention.
Two features make these penalties especially strong. When the landlord is sued, the burden of proof flips: the landlord has to show that their deductions were reasonable. And if the landlord misses the 30-day deadline to send the refund or the itemized list, bad faith is legally presumed. The landlord can try to overcome that presumption, but starting a lawsuit where the law already assumes you acted in bad faith is an uphill fight.
Suing in Justice Court
Security deposit disputes in Texas typically go to Justice Court, which handles civil cases up to $20,000.5Harris County Justice Courts. Texas Rules of Civil Procedure Part V – Rules of Practice in Justice Courts Nearly every deposit case fits well under that threshold. You don’t need a lawyer to file, though the attorney’s fees provision often makes it easier to find one willing to take the case.
Before filing, send your landlord a written demand letter by certified mail. Spell out the amount you’re owed, cite the 30-day deadline and the bad-faith penalties, and give a reasonable response deadline of 10 to 14 days. Many landlords settle at this stage once they run the math. Keep a copy of the letter and the certified mail receipt.
If the landlord doesn’t respond or refuses to pay, file in the Justice Court precinct where the rental property sits. Gather your evidence before you walk in:
- Your lease, showing the deposit amount, move-in date, and any specific terms about deductions or cleaning.
- Timestamped move-in and move-out photos of every room, wall, and appliance. This is the single most important piece of evidence in a deposit dispute.
- Your copy of the written forwarding address you gave the landlord, which started the 30-day clock.
- Emails, texts, and letters between you and the landlord about the deposit, deductions, or condition of the unit.
- The itemized deduction list the landlord sent, if any. If they never sent one, that absence is itself powerful evidence of bad faith.
Your Deposit Beats the Landlord’s Other Creditors
A protection most tenants don’t know about: your claim to the deposit takes priority over the claims of your landlord’s creditors, including a bankruptcy trustee.2State of Texas. Texas Property Code 92.103 – Obligation to Refund If your landlord goes bankrupt or gets sued, your deposit isn’t swept into the pool of assets other creditors divide up. It’s yours first. That matters most when you rent from a small landlord with money problems or a management company that’s struggling.
Active-Duty Military Tenants
If you’re an active-duty service member terminating a lease early under the Servicemembers Civil Relief Act, federal law adds a layer on top of Texas remedies. A landlord who knowingly withholds your deposit or personal property after a lawful SCRA termination commits a federal misdemeanor punishable by a fine, up to one year of imprisonment, or both.6Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases This criminal penalty runs alongside the Texas civil remedies, and military legal assistance offices on base can help you pursue both.