Texas Security Deposit Law: Deadlines & Penalties
Texas landlords must refund a security deposit, with a written, itemized list of any deductions, within 30 days after the tenant surrenders the property. Normal wear and tear can't be deducted.
There is an important catch: a Texas landlord doesn't have to return the deposit until the tenant gives a forwarding address in writing. This letter includes your forwarding address, so send it even if you think you already gave one.
A landlord who fails to return the deposit or provide the itemized list within 30 days is presumed to have acted in bad faith. Also note that Texas tenants generally can't withhold their last month's rent on the theory that the deposit will cover it.
Put these rules in writing
Our Texas security deposit demand letter cites them for you. Preview it free.
Texas: common questions
How long does a Texas landlord have to return a security deposit?
30 days after you move out, as long as you've given a forwarding address in writing. The refund must come with an itemized list of any deductions.
Do I need to give my landlord a forwarding address in Texas?
Yes. The landlord isn't required to return the deposit until you provide a written forwarding address, which is why this letter includes one.
What if my Texas landlord keeps my deposit in bad faith?
The landlord can be ordered to pay $100, three times the amount wrongfully withheld, and reasonable legal fees. Missing the 30-day deadline creates a presumption of bad faith.
Can I use my deposit as my last month's rent in Texas?
Generally no. Withholding last month's rent against the deposit can expose a tenant to a penalty of up to three times the rent withheld.
Compare nearby states
| State | Return deadline | Itemized list | Small claims limit |
|---|---|---|---|
| Texas | 30 days | Required | $20,000 (justice court) |
| Arkansas | 60 days | Required | $5,000 |
| Louisiana | See statute | Required | $5,000 |
| New Mexico | 30 days | Required | $10,000 |
| Oklahoma | 45 days | Required | $10,000 |
| Alabama | 60 days | Required | $6,000 |
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.