If you rented in Texas and your landlord hasn't returned your security deposit — or sent you a list of deductions that doesn't hold up — Texas law is squarely on your side. The Property Code sets a hard 30-day deadline, requires itemized proof for any deduction, and hits bad-faith landlords with one of the stronger penalty structures in the country. A demand letter that cites the statute by section tells your landlord you know exactly where you stand and what their exposure is.
⚖️ The 30-day rule: Under Texas Property Code § 92.103, your landlord must refund your deposit — or deliver a written, itemized statement of deductions — on or before the 30th day after you surrender the premises. One catch worth knowing: under § 92.107, that clock doesn't start until you've given the landlord a written forwarding address. Provide one in writing, and the deadline is locked in.
💰 The penalty that gets attention: Under § 92.109, a landlord who retains your deposit in bad faith is liable for $100, plus three times the portion of the deposit wrongfully withheld, plus your reasonable attorney's fees. And the law presumes bad faith if the landlord blows the 30-day deadline — shifting the burden onto them to justify it.
Your Rights Under Texas Property Code §§ 92.101–92.109
Texas deposit law is specific and tenant-friendly. The points worth knowing before you write:
- The 30-day deadline (§ 92.103). The landlord must refund the deposit and/or deliver an itemized statement within 30 days of you surrendering the unit, once you've supplied a written forwarding address.
- Itemized deductions in writing (§ 92.104). If the landlord keeps any part of the deposit, they must give you a written description and itemized list of every deduction. A vague "cleaning and repairs" line doesn't satisfy the statute.
- The bad-faith presumption (§ 92.109). Miss the 30-day window for the refund or the itemization, and the landlord is presumed to have acted in bad faith — and the burden is on them to prove the retention was reasonable.
- No "last month's rent" trick (§ 92.108). You can't treat the deposit as your last month's rent — but that's a tenant obligation; the landlord's duty to account for the deposit is independent.
What Your Landlord Can — and Can't — Keep
Legitimate deductions
- Unpaid rent you actually owe
- Unpaid utilities or charges you're liable for under the lease
- Repair of damage beyond normal wear and tear — holes in walls, broken fixtures, pet damage
NOT legitimate deductions
- Normal wear and tear — § 92.104(b) bars the landlord from charging for it (faded paint, minor scuffs, small nail holes, carpet worn from ordinary use)
- Routine cleaning or repainting after an ordinary tenancy
- Pre-existing damage that was there when you moved in
- Any deduction with no written description or itemization where § 92.104 requires it
📸 Your strongest evidence: Move-in and move-out photos with timestamps. If your landlord claims damage that pre-dated your tenancy, dated photos can end the argument before it starts — and because the landlord carries the burden under § 92.109(c), good documentation puts you in a strong position fast.
How the Texas Penalty Actually Adds Up
The § 92.109 penalty is what makes a Texas demand letter land. Suppose your landlord wrongfully kept $1,200 of your deposit:
| Component | Amount |
|---|---|
| Statutory civil penalty | $100 |
| 3× the wrongfully withheld portion ($1,200 × 3) | $3,600 |
| Your reasonable attorney's fees | As awarded |
| Landlord's minimum exposure | $3,700 + fees |
That math — spelled out plainly in a letter that cites § 92.109 — is exactly what tends to move a landlord from "ignoring you" to "cutting a check," because their downside dwarfs the deposit they're sitting on.
How to Write a Texas Security Deposit Demand Letter
An effective letter does four things: states the facts, cites § 92.103 and § 92.109 by section, makes a specific dollar demand with a firm deadline, and spells out the penalty exposure if the landlord doesn't comply. Here's how the opening of a strong one reads:
This preview stops here on purpose. Your complete, court-ready letter — customized to your numbers, your move-out and forwarding-address dates, and the deductions you're disputing, with the § 92.109 penalty language Texas landlords take seriously — generates in 60 seconds.
Get My Complete Letter — $9Our guarantee: not happy with your letter? We’ll regenerate it or refund it — email support@writemydispute.com.
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Tell us your situation and we'll generate a demand letter built on Texas Property Code §§ 92.103 and 92.109, with the exact deadline and penalty language for your case.
Generate My Refund Letter — $9If the Letter Doesn't Work: Texas Justice Court
Justice (small claims) court
Security deposit disputes are a natural fit for Texas justice court. You generally don't need a lawyer, filing fees are modest, and the court can award the § 92.109 penalty — $100 plus three times the wrongfully withheld amount plus attorney's fees — if the landlord acted in bad faith. The demand letter you send first becomes evidence that you gave the landlord a fair chance to comply.
Your county's tenant resources
Texas has free tenant-rights resources, including Texas Law Help and local legal-aid and tenant councils in the major metros. A quick search for "[your city] tenant rights Texas" will point you to them.
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Get My Refund Letter — $9Already hearing from a collection agency?
Landlords hand move-out balances to a small set of specialist collectors. If the letter is from National Credit Systems, Hunter Warfield, IQ Data International, or Source RM, we have a company-specific response guide for each — and the demand letter on this page still applies, because a landlord who missed the statutory deadline may owe you money regardless of who is calling. Any other collector: see the collection agency index and your state’s rules in the debt statute of limitations guide.