Texas landlords must refund your security deposit, with an itemized list of any deductions, within 30 days of you vacating and giving a written forwarding address — see Texas Property Code Chapter 92, Subchapter C. Bad-faith withholding exposes the landlord to 3× the deposit, plus $100, plus your attorney's fees.
What counts as a security deposit
A security deposit is any money the landlord holds beyond the first month's rent that's intended to secure performance of the lease — including amounts labeled "damage deposit" or "cleaning deposit." Texas Property Code §92.102.
It does not include:
- Application fees (non-refundable, separate)
- Pet fees that are explicitly non-refundable in the lease
- Last month's rent (if labeled as such)
When the landlord must return it
Per §92.103: within 30 days of the date the tenant surrenders the premises, if the tenant has provided a forwarding address in writing.
Two important details:
- Forwarding address must be in writing. Email counts. A text might count — provide it on paper or email to be safe.
- The 30 days runs from surrender, not from move-out date in the lease. Surrender means giving up possession (returning keys).
What the landlord can deduct
Per §92.104: charges authorized by the lease, plus damages beyond normal wear and tear.
"Normal wear and tear" you cannot be charged for:
- Faded paint
- Worn carpet from regular foot traffic
- Small nail holes from hanging pictures
- Minor scuffs on walls
- Worn bathroom caulking
Damages you can be charged for:
- Holes in walls from doorknobs or fists
- Pet stains in carpet
- Burns or melted countertops
- Broken windows or fixtures
- Excessive filth requiring professional cleaning
The itemized list requirement
Per §92.104(c): if any deductions are made, the landlord must give the tenant a written, itemized list of all deductions, along with whatever portion of the deposit is being returned.
Exception (§92.104(d)): no itemized list is required if the tenant owes back rent at the time of move-out and there's no controversy about the rent owed.
What if the landlord doesn't return your deposit?
Per §92.109, a landlord who acts in bad faith by:
- Failing to return the deposit
- Failing to provide an itemized list
- Failing to refund within 30 days
…is liable to the tenant for:
- $100
- 3× the portion of the deposit wrongfully withheld
- Reasonable attorney's fees in a suit to recover the deposit
There is also a presumption of bad faith if the landlord fails to return the deposit or itemized list within 30 days (§92.109(d)).
How to actually get your deposit back
- Document the unit at move-out. Take date-stamped photos and video of every room. This is your single best protection.
- Provide a written forwarding address. Email + certified mail. Keep a copy.
- Wait 30 days from the date you surrendered (returned keys).
- Send a demand letter. If you haven't received the deposit + itemized list, send a written demand citing §92.103 and §92.109. Reference the bad-faith presumption.
- File in Justice Court (small claims). Texas small claims jurisdiction covers up to $20,000 — well above any normal deposit. Filing fees are typically $50–$100.
What landlords get wrong (and you can use)
- They send the itemized list more than 30 days after surrender.
- They charge for "normal wear and tear" (re-painting, normal carpet wear).
- They don't itemize at all and just send a partial check.
- They claim they didn't have your forwarding address when you can prove you sent it.
Each of these typically triggers the bad-faith presumption.
FAQ
Is there a maximum security deposit in Texas? No. Texas does not cap the amount a landlord can charge for a security deposit. Most Dallas Class A communities charge a one-month deposit; second-chance properties may charge 1.5–2 months.
Can a landlord keep my deposit for breaking the lease? Yes, if the lease says so and the landlord can show actual damages (lost rent, advertising costs to re-let, etc.). They are still required to mitigate by trying to re-rent the unit (§91.006).
Does the landlord owe me interest on my deposit? In Texas, no — there is no statutory requirement to pay interest on residential security deposits.
What about pet deposits? Pet deposits are subject to the same rules — refundable unless the lease clearly labels them non-refundable. Pet fees (one-time, non-refundable) are separate.
Can I use my security deposit as last month's rent? No. Per §92.108, if you do, you're liable for 3× the rent wrongfully withheld plus reasonable attorney's fees. This is one of the biggest mistakes Texas tenants make.
Sources
- Texas Property Code Chapter 92 (full text) — Texas Legislature
- Texas Tenant Advisor — non-profit tenant rights resource
- Texas Justice Court information — for small claims filing
This article is general information, not legal advice. For deposit disputes involving large sums, consult a Texas attorney. For help finding your next Dallas apartment, send us your move criteria — we'll reply within one business day.