Texas renters generally have a right to their deposit refund within 30 days after surrendering the home, subject to lawful deductions and the written forwarding-address requirement. A landlord cannot charge the deposit for normal wear and tear. An overdue refund can support a claim, but extra damages depend on bad faith and the facts.
Texas security deposit laws protect money paid to secure a residential lease. Getting that money back often turns on ordinary records: the lease, proof of payment, move-out photos, the date possession ended and the address supplied for the refund.
This guide covers Texas residential rentals under Chapter 92 of the Property Code. Commercial leases follow a different chapter. A national landlord’s policies do not replace state law, so complaints discussed in our FirstKey Homes tenant-dispute overview need a separate Texas-law analysis when the rental is in Texas.
Check What You Actually Paid
Start with the payment receipt and the lease. A security deposit secures performance under an agreed residential lease. Advance rent and rental application deposits are excluded from the statutory definition. An application fee also serves a different purpose, so do not assume every payment made before move-in follows the security-deposit refund rules.
A monthly fee offered instead of a security deposit needs separate attention. Texas permits this arrangement with written disclosures and an agreement. It is not automatically a refundable deposit account. Read what the fee agreement says before adding those payments to a refund demand.
Texas lawmakers set out the residential deposit provisions in Property Code Chapter 92, Subchapter C. Sections 92.103 through 92.109 address refunds, deductions, forwarding addresses and landlord liability.
Understand When Your Refund Is Due
Section 92.103 sets the basic deadline at the 30th day after the tenant surrenders the premises. That is not necessarily the date the lease expires or the last night someone sleeps there. Keep proof of the actual handover, such as a key-return receipt or a written acknowledgment from management.
Section 92.107 adds an important condition: the landlord has no obligation to return the deposit or provide the damage statement until the tenant gives a written forwarding address for the refund. Missing that step does not forfeit the money. It can, however, change whether the landlord’s duty is already due.
Provide the address before or at handover if possible, and retain proof. If you supplied it later, do not calculate a penalty from the move-out date alone. Set out both dates and get the timing checked against the specific facts.
Mail delivery also matters. Section 92.1041 creates a presumption of timely refund or accounting when the landlord places it in United States mail with a postmark on or before the required date. Keep the envelope if a statement arrives after the date you expected.
Separate Damage From Normal Wear
Section 92.104 permits deductions for damages and charges the tenant legally owes under the lease or because of a lease breach. It prohibits deductions for normal wear and tear. A charge does not become valid simply because it appears on a move-out statement.
Normal wear concerns deterioration from the home’s intended use. Damage caused by negligence, carelessness, accident or abuse falls outside that definition. A useful review asks what happened, when it happened and what condition existed before the tenancy.
| Disputed charge | What to check |
|---|---|
| Carpet replacement | Ordinary wear versus a specific stain, burn or other damage. Ask about the carpet’s prior condition. |
| Wall repairs or repainting | Move-in photos, the exact damaged area and whether the charge concerns age or tenant-caused damage. |
| Cleaning | Actual move-out condition, applicable lease terms and whether the charge wrongly includes ordinary wear. |
| Unpaid rent or other charges | Payment records, the lease provision relied on and any written dispute about the balance. |
A worn carpet from ordinary use is different from carpet damaged by a preventable leak. Texas’s Attorney General uses this type of distinction in its renter guidance. Neither the word “cleaning” nor the word “replacement” answers the legal question without evidence.
Request photos, invoices, estimates or an explanation of the amount when a charge is unclear. Those are useful supporting records to seek. Section 92.104 itself requires an itemized description in the usual deduction situation; it does not make every document you request a mandatory attachment.
Read The Itemized Statement Carefully
A landlord who retains deposit money generally must send the remaining balance, if any, with a written description and itemized deductions. One combined charge that gives no meaningful breakdown can make a dispute harder to assess.
A specific exception applies when rent is owed at surrender and there is no controversy about the amount owed. In that situation, Section 92.104(c) does not require the description and itemized list. Both conditions matter. A landlord should not treat genuinely disputed rent as automatically undisputed.
Compare each entry with your own records. Mark the items you accept, the items you contest and the information still missing. Keep those categories separate in your reply. A focused objection to a charge is easier to follow than a demand that treats every entry as equally wrong.
Protect Your Position Before Handover
Move-out preparation works best before the furniture disappears and access ends. Take wide photos of each room, then closer pictures of disputed areas. Keep original files so that dates and details remain available. A single photo of an empty room may miss the surface that later becomes the main dispute.
- Save the lease, deposit receipt, move-in inspection and repair messages together.
- Record the final condition, key return and any joint inspection.
- Send a written forwarding address expressly for the deposit refund and preserve delivery evidence.
- Keep the final rent ledger, deduction statement, refund and mailing envelope.
Check the move-out notice clause too. Section 92.103(b) says a notice-of-surrender requirement used as a condition of refund must be underlined or printed in conspicuous bold print in the lease to be effective. Other lease duties may still matter. Do not assume a formatting problem wipes out all rent obligations.
Send A Specific Written Refund Request
If the refund or statement seems overdue, contact the landlord with a short written request. Identify the property, deposit amount, surrender date and the date you supplied your forwarding address. Attach copies of relevant records and keep the originals.
A practical request can explain the amount sought without threats or an unsupported penalty calculation. State the disputed charge, why you disagree and what evidence supports your position. Ask the landlord to correct the account or explain the deduction.
Adaptable request wording
I paid a security deposit of [amount] for [rental address] and surrendered possession on [date]. I supplied my written forwarding address on [date]. Please send the refund and any required itemized statement to [address]. I dispute [charge] because [specific reason]. Attached are [relevant records]. Please reply by [reasonable requested date].
This is suggested wording, not an official court form. A response date you choose does not replace a statutory deadline.
Use a delivery method that creates a record. A certified-mail receipt can help establish mailing and delivery, though this deposit-address provision does not itself require certified mail. Retain any portal confirmation or email response as well.
Know What Bad Faith Changes
Section 92.109(a) allows $100 plus three times the deposit portion wrongfully withheld, along with reasonable attorney’s fees in a suit, when retention violates the law in bad faith. That is not an automatic payment whenever a tenant disputes a charge.
A separate bad-faith failure to provide the required itemization can cause forfeiture of the right to withhold the deposit or sue for damage to the premises, and liability for reasonable attorney’s fees. The statute also places the burden on the landlord to prove the reasonableness of retained money in the tenant’s action.
Failure to refund or itemize within the statutory period creates a bad-faith presumption under Section 92.109(d). A presumption can be contested. Address compliance, mailing evidence, lawful deductions and the parties’ conduct still need examination.
Keep the calculation tied to the contested amount. If a tenant disputes $400 of a larger deposit, that is different from claiming that the entire deposit was wrongfully withheld. Separate the refund request from any additional statutory relief.
Consider Justice Court If Talks Fail
Texas justice courts handle small claims for up to $20,000, excluding statutory interest and court costs but including attorney’s fees, if any. Check that your total claim fits the current limit. A deposit dispute is a money claim; it should not be confused with an eviction or repair-and-remedy case.
Confirm the correct defendant before filing. A rental brand, management company and property owner may be different entities. Review the lease, account records and ownership information instead of naming whichever company logo appears on an email.
Venue and service also need attention. Texas Rule 502.4 governs where a small-claims case belongs. After filing, arrange service of citation through a permitted method. Sending a personal demand letter does not replace formal service of the lawsuit.
Ask the relevant court clerk about current forms, filing and service charges, and any fee-waiver process. Do not rely on a fee quoted for another county. Prepare a simple chronology and label exhibits so the disputed deduction can be matched to its supporting record.
A complicated lease, ownership change or large counterclaim may justify a lawyer’s review. Our guide to real estate lawyers and rental disputes describes the work such a lawyer may handle. General explanations and advice about your individual claim serve different purposes, as our legal advice basics guide explains.
Avoid Creating A Last-Month Rent Dispute
Do not simply skip the last rent payment because the landlord holds a deposit. Section 92.108 prohibits withholding last month’s rent on that ground. A tenant who violates it in bad faith can face three times the rent wrongfully withheld and reasonable attorney’s fees.
A distinct statutory remedy can apply after a qualifying lease termination for a landlord’s failure to repair a health or safety condition. That requires its own legal analysis and compliance. An ordinary move-out or a belief that deductions will be unfair does not establish that exception.
Before sending a refund demand, check your final ledger against actual payments. Then put the surrender date, written-address proof and disputed deductions in date order. Those records give the landlord, a lawyer or a court a clear basis to assess the money at issue.