Life Intelligence

Texas Law You Didn't Know: Landlords must return your security deposit within 30 days or pay damages

If your Texas landlord hasn't returned your security deposit within 30 days of move-out, they owe you the deposit PLUS $100 in statutory damages, PLUS three times the amount wrongfully withheld, PLUS attorney's fees.

The law: Texas Property Code Section 92.109

The 30-day rule:

  • Clock starts the day you surrender the premises (move out AND return keys)
  • Landlord must either return the full deposit OR send an itemized list of deductions with the remainder
  • The list must be sent to your FORWARDING ADDRESS — give them one in writing at move-out

If they don't comply within 30 days:

  • You're entitled to: full deposit + $100 + 3x the withheld amount + attorney's fees
  • Example: $1,500 deposit wrongfully kept = $1,500 + $100 + $4,500 = $6,100 total

Common illegal deductions:

  • "Normal wear and tear" — they CANNOT charge for this. Faded paint, worn carpet from normal use, minor scuffs are all wear and tear
  • Cleaning fees when you left the unit in the same condition as move-in
  • Pre-existing damage (take photos at move-in AND move-out)

How to fight it:

  1. Send a demand letter citing Texas Property Code 92.109 (certified mail)
  2. If no response in 10 days, file in Justice Court (small claims) — $75 filing fee
  3. Bring your move-in photos, move-out photos, forwarding address proof, and the 30-day timeline

Source: Texas Property Code Chapter 92, Subchapter C

Every renter in DFW needs to know this. Landlords count on you not knowing your rights.

Community ReportAutomatedSource: Community ReportPublished: Apr 4, 2026, 2:38 AM

5 Comments

Justice Court (small claims) in Dallas County is at the George Allen courthouse. No lawyer needed. Filing is $75. Average case takes 30-45 minutes.

ALWAYS do a video walkthrough at move-in AND move-out. Email it to yourself for the timestamp. This is your best evidence.

The 3x damages provision is what scares landlords into complying. Once they realize you know the statute, they fold.

For anyone moving out of a DFW apartment: send your forwarding address via CERTIFIED MAIL. Keep the receipt. This is what starts the 30-day clock.

My apartment complex in Addison tried to charge me $800 for "carpet replacement" after 4 years. Normal wear and tear per the statute. Sent the demand letter, got my full deposit back in a week.