30 days after move-out | Up to 3x your deposit | Texas Property Code §92.103
Law verified March 11, 2026
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Check My DepositTexas security deposit law is governed by Texas Property Code §92.103, which sets out the rights and obligations of both landlords and tenants. Under this statute, your landlord has 30 days after you move out to either return your full security deposit or provide a written itemized statement of any deductions - along with the remaining balance.
If your landlord misses this deadline or wrongfully withholds your deposit, Texas law allows you to recover up to 3x the amount wrongfully withheld when you can demonstrate the landlord acted in bad faith. This penalty applies on top of recovering the deposit itself, making timely compliance a serious financial obligation for landlords.
Texas also requires landlords to provide a written, itemized breakdown of all deductions within the deadline window. A vague entry like “repairs” or “damages” without specific descriptions and dollar amounts is generally insufficient under Texas Property Code §92.103. If no proper itemization was provided on time, the deductions may be invalid regardless of their underlying merit.
Critically, Texas Property Code §92.103 explicitly prohibits landlords from charging for normal wear and tear - the gradual deterioration that results from ordinary, reasonable use of the property. This includes routine repainting, carpet wear from foot traffic, minor wall scuffs, and similar everyday wear. Charges for these items are not legally permitted in Texas.
The sections below explain each aspect of Texas deposit law in detail. If you have already received a deduction or no deposit return, our free analysis tool evaluates your specific situation against Texas Property Code §92.103, estimates the maximum modeled recovery, and generates a personalized demand letter.
Deadline
Under Texas Property Code §92.103, your Texas landlord has 30 days to return your security deposit from the date you move out. This deadline applies regardless of whether your landlord believes deductions are owed. If they want to make deductions, they must still respond within this window with an itemized written statement.
The 30-day clock starts on your move-out date.
Note: Texas requires you to provide your landlord with a written forwarding address before the refund deadline begins. Without this, your landlord has no legal obligation to return your deposit yet.
Penalty
If your Texas landlord wrongfully withholds your deposit, you may be entitled to recover up to 3 times the amount wrongfully kept under Property Code §92.109(a). This is on top of recovering the deposit itself. The multiplier is the penalty for the violation. Plus $100 and attorney fees; no duty to refund or account until written forwarding address is given.
You must show bad faith: that your landlord withheld the deposit knowing they had no valid basis to do so. Deductions with no supporting receipts, charges for pre-existing damage, or itemizations sent days late all tend to support a bad faith finding.
Example
Property Code §92.109(a)
Itemization
Texas law requires your landlord to provide an itemized written statement of any deductions within the same 30-day window. The statement must list each specific deduction with a corresponding dollar amount. A vague statement like "cleaning and repairs: $400" is generally insufficient; line items are required.
Legal Reference
Wear & Tear ProtectedQuestions
Your Texas landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Texas Property Code §92.103.
If your landlord misses the 30-day deadline, you may be entitled to up to 3× the amount wrongfully withheld under Property Code §92.109(a). The penalty applies when your landlord acted in bad faith.
No. Texas law under Texas Property Code §92.103 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Texas small claims court handles disputes up to $20,000. Most security deposit cases fall well within this limit. No attorney is required, and filing fees are typically $30–$75. Cases are usually heard within 4–8 weeks of filing.
The statute of limitations for security deposit claims in Texas is 2 years from the date of the violation. Don't wait. Gather documentation and act promptly. After the statute of limitations expires, you lose your legal right to recover the deposit.
Yes. In Texas, you must provide your landlord with a written forwarding address before the deposit return deadline begins. The 30-day clock starts when your landlord receives your forwarding address, not on your move-out date. Without this, your landlord may argue the deadline hasn't started.
Texas landlords must provide a written, itemized statement listing each deduction with a specific dollar amount. Vague descriptions like "repairs: $500" are generally insufficient; the statement should identify what was repaired and why. This itemization must be provided within 30 days.
| State | Deadline | Penalty | Small Claims |
|---|---|---|---|
TexasYou | 30 days | 3× | $20,000 |
| 14 days | 3× | $5,000 | |
| 30 days | Forfeiture | $10,000 | |
| 45 days | Civil | $10,000 | |
| 14 days | Forfeiture | $10,000 | |
| 15 days | Forfeiture | $8,000 |
Topics
Deduction Guides
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