How to Get Your Security Deposit Back in Texas (2026 Guide)

Texas is one of the better states to be a renter with a withheld deposit — not because landlords behave, but because the penalty for bad faith is brutal: $100 plus three times the amount wrongfully withheld, plus your attorney’s fees (Tex. Prop. Code §§ 92.101–.110). Here’s how to use that leverage.

The Texas rules in 60 seconds

• Deadline: 30 days after you move out.
• Itemization: deducting anything requires a written, itemized list — unless you owe undisputed rent.
• Your job: give your forwarding address in writing. The 30-day clock effectively starts there.
• No cap: Texas doesn’t limit deposit size, so the stakes are often a full month’s rent or more.
• Court: justice court (small claims) handles up to $20,000 — no lawyer required.

Step 1: Send your forwarding address in writing — today

This is the step renters skip, and it’s the one landlords’ lawyers love. Until the landlord has your forwarding address in writing, they have a built-in excuse. Email works; text works if that’s how you normally communicate. Keep a copy.

Step 2: Count 30 days from move-out

If day 31 arrives with no refund and no itemized list, the landlord has already lost the legal high ground: a landlord who misses the deadline in bad faith forfeits the right to withhold any portion of the deposit.

Step 3: Send a demand letter that cites the statute

Most disputes end here. A letter that names Tex. Prop. Code § 92.109, states the amounts and dates, and mentions the $100 + 3x penalty reads like it was written by someone who will actually show up to justice court. See our demand letter guide and template, or generate one automatically from your documented evidence with a DepositShield dispute kit.

Step 4: File in justice court if they stall

Filing costs roughly $50–$75, the limit is $20,000, and you don’t need a lawyer. Bring your lease, your photos (timestamped ones carry far more weight — see what to photograph), the demand letter, and proof you sent your forwarding address.

What landlords can and can’t deduct

Normal wear and tear is not deductible in Texas — that’s statutory, not opinion. Nail holes, minor scuffs, and carpet worn by ordinary use are the landlord’s cost of doing business. Actual damage, unpaid rent, and lease-specified fees are fair game. The line gets argued constantly; our wear-and-tear guide breaks it down item by item.

Full statute summary, interest rules, and small-claims details: Texas security deposit law.