Texas landlords who wrongfully withhold deposits may owe up to 3× the deposit amount. Learn your rights under Texas Property Code §92.103.
Analyze My Texas Claim (Free)Law verified March 11, 2026
Find out if your Texas landlord may owe you. free, 2 minutes
Check My DepositIf 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.
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)
To recover penalties under Property Code §92.109(a), you generally need to: document the move-out date and the missed deadline, send a written demand letter citing the statute, and, if necessary, file in Texas small claims court (up to $20,000).
A demand letter that specifically cites Property Code §92.109(a) and calculates the potential Up to 3x your deposit often prompts landlords to settle without going to court.
Questions
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.
Under Property Code §92.109(a), you may recover up to 3x the deposit amount wrongfully withheld. You must show the landlord acted in bad faith.
To recover the penalty, you must show your landlord acted in bad faith under Property Code §92.109(a), knowingly withholding the deposit without legitimate grounds.
More Texas Topics
Free analysis | Texas law | 2 minutes
Check My Texas Deposit (Free)