It's the most common landlord-tenant dispute in Texas. Here's exactly what to do.
The law (Texas Property Code Section 92.103-92.109):
- Landlord has 30 days from move-out to return your deposit OR provide an itemized list of deductions
- If they fail to do either within 30 days, they may forfeit the RIGHT to withhold any of it
- The landlord bears the burden of proof for deductions
Step-by-step:
Day 1 (move-out):
- Video walkthrough the ENTIRE unit. Narrate condition. Include timestamps.
- Take photos of every wall, floor, appliance, fixture
- Return ALL keys and document it (get a receipt or send a confirmation email)
- Provide forwarding address IN WRITING
Day 31 (if no deposit returned):
- Send a written demand letter via certified mail (return receipt requested)
- State: "Per Texas Property Code 92.103, you had 30 days to return my deposit or provide an itemized deduction list. That period has expired."
- Give them 7-10 days to respond
Day 45 (if still nothing):
- File a claim in Justice of the Peace (JP) Court in the precinct where the property is located
- Filing fee: ~$75-150
- You can recover: deposit amount + $100 statutory penalty + 3x the wrongfully withheld amount + reasonable attorney's fees
- No lawyer needed for JP court
Pro tips:
- The 3x damages provision (TPC 92.109) is powerful. On a $1,500 deposit, that's $4,500 + $100 + $1,500 = $6,100 potential recovery.
- Most landlords settle once they receive the JP court citation
- Dallas County JP courts are tenant-friendly on this specific issue
Sources:
- Texas Property Code — Sections 92.101-92.109
- Texas Attorney General — Security Deposit FAQ
- Dallas County JP Court — filing procedures
- TexasLawHelp.org — demand letter templates
Video walkthrough at move-in AND move-out. I cannot stress this enough. It's the single most important thing you can do as a renter.