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:
- Send a demand letter citing Texas Property Code 92.109 (certified mail)
- If no response in 10 days, file in Justice Court (small claims) — $75 filing fee
- 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.
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.