Landlord & Housing · free generator
Texas Security Deposit Demand Letter
You moved out, you left the place in decent shape, and your deposit still has not come back. In Texas, that is not a judgment call: under Texas Property Code section 92.103, your former landlord generally has 30 days to return your deposit or send an itemized statement of deductions. This generator produces a demand letter that cites Tex. Prop. Code § 92.103 by name, states the legal deadline, and puts your landlord on notice that small claims court — where Texas hears claims up to $20,000 — is the next stop. You do not need perfect English or a lawyer for this; the statute does the arguing. Fill in the blanks below, send it by certified mail, and keep a copy — the letter that cites the actual law is the one that gets answered.
[Date]
[Your former landlord's name]
Re: Demand for return of security deposit — [Rental property address]
Dear [Your former landlord's name],
I am writing to formally demand the return of my security deposit of [Deposit amount] for the property at [Rental property address], which I have vacated and returned to your possession.
Under Texas Property Code section 92.103 (Tex. Prop. Code § 92.103), you were required to return my security deposit, or provide a written itemized statement of any lawful deductions, within 30 days. If any portion is withheld, the landlord must give a written description and itemized list of all deductions (§ 92.104(c)), unless the tenant owes rent and there is no controversy over the amount. Deductions for normal wear and tear are not permitted.
As of the date of this letter, I have received neither my deposit nor a lawful accounting for it. Please send the full amount of [Deposit amount] to my forwarding address: [Forwarding address for payment].
If I do not receive payment or a lawful written response within 10 days, I will file a claim in small claims court, where Texas law allows claims up to $20,000, and I will pursue every remedy available under Tex. Prop. Code § 92.103, including any statutory damages for wrongful retention.
I would prefer to resolve this without litigation. Prompt payment will close the matter.
Sincerely,
[Your full name]
Know your rights
Security deposit law in Texas
- Return deadline
- 30 days
- Governing statute
- Tex. Prop. Code § 92.103
- When the clock starts
- The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises. The clock does not obligate the landlord until the tenant gives a forwarding address in writing (Tex. Prop. Code § 92.107), but failing to give one does not forfeit the tenant's right to a refund — it only delays it.
- Itemized deductions
- If any portion is withheld, the landlord must give a written description and itemized list of all deductions (§ 92.104(c)), unless the tenant owes rent and there is no controversy over the amount.
- If it's wrongfully kept
- A landlord who retains the deposit in bad faith owes $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney fees (§ 92.109), and forfeits the right to withhold any portion. Failure to refund or itemize within 30 days is presumed to be bad faith.
- Small claims limit
- $20,000 (Justice Court, Tex. Gov't Code § 27.031)
Worth knowing: Texas has no cap on deposit amounts and no interest requirement, but its bad-faith penalty is one of the strongest in the country — and the burden is on the landlord to prove the retention was reasonable. Nothing may be withheld for normal wear and tear. A lease clause that forfeits the deposit for failure to give advance notice of surrender is enforceable only if it is underlined or in conspicuous bold print. If the property is sold, the new owner generally inherits liability for the deposit.
Last reviewed August 2026 · General information, not legal advice · Read the statute
Field notes
Three tips before you send
- Send it by certified mail with a return receipt — that dated record is the first exhibit a Texas small claims judge will ask about. Keep a copy with your move-out photos and lease.
- The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises. The clock does not obligate the landlord until the tenant gives a forwarding address in writing (Tex. Prop. Code § 92.107), but failing to give one does not forfeit the tenant's right to a refund — it only delays it.
- If the deadline has already passed, skip the text-message negotiation. Filing in small claims ($20,000 (Justice Court, Tex. Gov't Code § 27.031)) usually costs under $75, and most landlords pay between the summons and the hearing.
Other states
Deposit letters for every state
Straight answers
Questions people ask
How long does a landlord have to return a security deposit in Texas?
The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises. The clock does not obligate the landlord until the tenant gives a forwarding address in writing (Tex. Prop. Code § 92.107), but failing to give one does not forfeit the tenant's right to a refund — it only delays it. The governing statute is Texas Property Code section 92.103. If any portion is withheld, the landlord must give a written description and itemized list of all deductions (§ 92.104(c)), unless the tenant owes rent and there is no controversy over the amount.
What can I recover if my landlord wrongfully keeps my deposit in Texas?
A landlord who retains the deposit in bad faith owes $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney fees (§ 92.109), and forfeits the right to withhold any portion. Failure to refund or itemize within 30 days is presumed to be bad faith. These cases are built for small claims court — the Texas limit is $20,000 (Justice Court, Tex. Gov't Code § 27.031), filing fees are modest, and no lawyer is needed.
Anything else Texas renters should know about deposits?
Texas has no cap on deposit amounts and no interest requirement, but its bad-faith penalty is one of the strongest in the country — and the burden is on the landlord to prove the retention was reasonable. Nothing may be withheld for normal wear and tear. A lease clause that forfeits the deposit for failure to give advance notice of surrender is enforceable only if it is underlined or in conspicuous bold print. If the property is sold, the new owner generally inherits liability for the deposit.
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