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.
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.