Texas security deposit law: Your landlord has 30 days to return it or explain why

Moving out of a DFW apartment? Here's exactly what the law says about your deposit.

Texas Property Code 92.109 — Return of Security Deposit:

Your landlord must return your deposit (or provide an itemized list of deductions) within 30 days of move-out.

The rules:

1. 30-day deadline. Not 45, not 60, not "when we get to it." 30 calendar days from the date you surrender possession AND provide a forwarding address.

2. Itemized deductions. If they deduct anything, they must provide a written, itemized list of deductions with descriptions and costs. A vague "cleaning/repairs: $800" is not sufficient.

3. Normal wear and tear. Landlords CANNOT charge for normal wear and tear. Faded paint, worn carpet, minor scuffs = normal wear. Holes in walls, pet damage, broken fixtures = tenant damage.

4. Bad faith retention. Under 92.109(d), if the landlord retains your deposit in bad faith, you can sue for $100 + 3x the wrongfully withheld amount + attorney's fees.

How to protect yourself BEFORE moving out:

1. Take dated photos/video of every room, every surface, every appliance
2. Do a walkthrough with management and get them to sign a condition checklist
3. Provide your forwarding address in WRITING (certified mail)
4. Keep copies of your move-in condition form (you did one, right?)

If they don't return it:

1. Send a demand letter via certified mail citing Section 92.109
2. Give them 7 additional days to respond
3. File in small claims court (Justice Court, up to $20,000)
4. The 3x bad faith penalty is a powerful incentive for judges to rule in your favor

Sources:

• Texas Property Code 92.101-92.109 (security deposits)
• Texas Property Code 92.104 (normal wear and tear)
• Texas Apartment Association — move-out guidelines
• Texas Tenant Advisor (texastenant.org)

Photos at move-in and move-out are your best protection. No photos = no proof.

What do you think?