When does security deposits apply?

This right applies when:You paid a security deposit at the start of your tenancyYou are moving out (whether your lease ended, you gave notice, or you were evicted)Your landlord deducts money from your deposit or refuses to return itCommon misconceptions:"My landlord can keep the deposit for any reason" — No. Deductions must be for specific, documented damages beyond normal wear and tear."Normal wear and tear means the place should look new" — No. Landlords cannot charge for gradual deterioration from normal use: paint fading, carpet wearing down, minor scuffs."I can use my security deposit as last month's rent" — Not unless your lease specifically allows it. Withholding rent and claiming "use my deposit" can lead to eviction for nonpayment.

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Security Deposits in Texas

Q: What should I do if my landlord won't return my security deposit?

Step 1: Photograph everything before you leave. Every room, every wall, every appliance, time-stamped. Video walkthroughs are even better. This is the single most valuable evidence in any deposit dispute.Step 2: Do a joint walkthrough if you can. Many states give you the right to be present at move-out inspection. Get the landlord to sign off on the condition or write down any disputes in real time.Step 3: Provide a forwarding address in writing. The clock for return only starts when the landlord knows where to send the deposit. No address, no statutory deadline running.Step 4: Send a demand letter by certified mail. Cite your state's deadline, the amount owed, and the penalty available if they don't return it. A surprising number of landlords cut a check at this stage to avoid the 2–3× exposure.Step 5: File in small claims. Filing fees are usually under $100 and you don't need a lawyer. Many states let you recover 2–3× the deposit amount plus court costs and attorney fees if you have one.

Q: What should you NOT do about security deposits?

Don't leave without documenting. Without move-out photos, it's your word against the landlord's — and judges have heard a lot of those cases.Don't skip the demand letter. Courts want to see you tried to resolve it first. The certified-mail receipt also locks in the date the landlord was put on notice.Don't sit on the claim. Statutes of limitations for deposit suits run 2–6 years depending on state. The longer you wait, the harder the evidence is to find.Don't cash a partial refund check without writing "under protest" on it. Some states treat a partial check as accord and satisfaction — meaning you've accepted it as full payment. Note in writing that you're still disputing the rest.

By Ahmed Alsaedi, Founding Editor

Source: Security deposit laws are primarily state-level. No single federal statute governs security deposits for private rentals. Federal protections apply only in federally-subsidized housing (HUD regulations, 24 CFR Part 5).

About this article

Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

My landlord won't return my deposit in Texas?See the focused guide →

Texas Law

Primary statute: Tex. Prop. Code § 92.103

How Texas differs from federal law

Statute: Tex. Prop. Code §§ 92.101–92.110 (Subchapter C). The 30-day refund clock and bad-faith presumption are your leverage — but both depend on two paper-trail steps most tenants skip.

The two triggers

Forwarding-address gate (§ 92.107): The landlord has no duty to refund or itemize until you deliver a written forwarding address. Deliver it by USPS Certified Mail, Return Receipt Requested — the green card is your trigger proof.
30-day clock (§ 92.103): Landlord has 30 days after you surrender the premises and provide the written forwarding address to either refund the full deposit or deliver an itemized list of deductions with receipts.
Postmark presumption (§ 92.1041): Landlord is presumed compliant if the refund/accounting is postmarked on or before day 30 — not the date you receive it.

Damages stack (§ 92.109)

Bad-faith retention: $100 + 3× the wrongfully withheld portion + reasonable attorney's fees.
No itemized list within 30 days (§ 92.109(b)): Landlord forfeits the right to withhold any portion and to sue for damages. Bright-line rule.
Rebuttable presumption (§ 92.109(d)): Landlord who misses the 30-day deadline is presumed to have acted in bad faith; landlord bears the burden to prove retention was reasonable.
Normal wear and tear (§ 92.104(b)): Cannot be deducted. Definition at § 92.001(4) excludes only damage from negligence, accident, or abuse.

Where to file

Justice of the Peace (JP) court in the precinct where the landlord resides, where the property sits, or where the lease was performed (TRCP 502.4). JP jurisdictional cap is $20,000. File via eFileTexas.gov (Guide & File offers a small-claims interview) or in person at the precinct clerk.

Concrete costs

Filing fee: Harris $49; Dallas, Tarrant, Bexar $54; Travis $101 (filing + service bundled).
Constable service: ~$75–$125 per defendant, varies by precinct.
Certified mail + return receipt: ~$10.48 (USPS 2026 rates).
Fee waiver: Statement of Inability to Afford Payment of Court Costs (TRCP 145). Filing alone entitles you to services without cost unless contested with sworn evidence.

Timeline

Day 0: surrender unit + deliver forwarding address by certified mail. Day 30: deadline for refund or itemized list. After day 30: file JP petition. Defendant's answer due the Monday after 14 days of service (TRCP 502.5). Trial typically set 30–60 days after answer period. Appeal to county court at law within 21 days (TRCP 506.1).

Demand-letter language (certified mail, return receipt requested)

"Pursuant to Tex. Prop. Code §§ 92.103, 92.104, and 92.107, I surrendered possession of [address] on [date] and hereby provide written notice of my forwarding address: [address]. Demand is made for the full refund of my $[amount] security deposit within 30 days. Failure to refund or provide a written itemized list of lawful deductions will trigger the bad-faith presumption under § 92.109(d) and expose you to liability for $100 + three times the amount wrongfully withheld + my reasonable attorney's fees under § 92.109(a), plus forfeiture of any right to withhold under § 92.109(b)."

Partial-refund check trap

If the landlord sends a check marked "payment in full" or "final settlement," do not deposit it. Under Tex. Bus. & Com. Code § 3.311, cashing it may constitute accord-and-satisfaction and waive your claim to the balance. Either return the check uncashed with a written rejection, or strike the restrictive language and write above the endorsement: "Accepted under protest and without prejudice to all claims; partial payment only; full balance reserved (Tex. Bus. & Com. Code § 1.308)."

What to bring to JP court

Signed lease
Move-in condition checklist
Dated move-out photos/video
Certified mail green card proving delivery of forwarding address and demand
Any itemization the landlord sent (or proof none was sent)
Bank record of the deposit payment
Damages calculation: deposit withheld + $100 + 3× withheld + fees
Two extra copies of every exhibit

Additional Steps in Texas

Legal aid: Texas RioGrande Legal Aid (S/Central TX incl. Austin/San Antonio) 888-988-9996; Lone Star Legal Aid (NE/E/SE TX incl. Houston) 800-733-8394; Legal Aid of NorthWest Texas (Dallas/Fort Worth) 888-529-5277. Statewide intake: 800-504-7030. Self-help: texaslawhelp.org.

Secondary paths: Texas AG Consumer Protection complaint (informational only — AG does not recover money for individuals): 1-800-621-0508. DTPA demand (Tex. Bus. & Com. Code ch. 17) requires 60-day pre-suit written notice by certified mail but adds treble damages for knowing violations.

Relevant Law: Tex. Prop. Code §§ 92.101–92.110 (security deposits); § 92.103 (30-day refund); § 92.107 (forwarding-address gate); § 92.109 (bad-faith damages); § 92.1041 (postmark presumption); Tex. Gov't Code § 27.031 (JP $20,000 jurisdiction); TRCP 145/502.3 (fee waiver)

Federal baseline: Security Deposits nationwide

What is this right?

Security deposit law is one of the few places where tenants almost always have the upper hand — if they know the rules. When you move out, your landlord has to return your deposit within a specific window set by state law (typically 14 to 30 days), and they can only deduct for unpaid rent, damage beyond normal wear and tear, or cleaning costs specifically allowed by your lease.

The phrase "normal wear and tear" is the entire game. Scuffed floors, faded paint, light carpet wear, small nail holes — that's wear and tear, and your landlord can't bill you for it. Pet stains, holes in drywall, broken tiles, and burn marks are damage, and those they can deduct. Most states require an itemized list of every deduction along with receipts; if your landlord skips the list or misses the deadline, many states impose 2× or 3× the deposit as a penalty even for legitimate damage.

When does it apply?

This right applies when:

You paid a security deposit at the start of your tenancy
You are moving out (whether your lease ended, you gave notice, or you were evicted)
Your landlord deducts money from your deposit or refuses to return it

Common misconceptions:

"My landlord can keep the deposit for any reason" — No. Deductions must be for specific, documented damages beyond normal wear and tear.
"Normal wear and tear means the place should look new" — No. Landlords cannot charge for gradual deterioration from normal use: paint fading, carpet wearing down, minor scuffs.
"I can use my security deposit as last month's rent" — Not unless your lease specifically allows it. Withholding rent and claiming "use my deposit" can lead to eviction for nonpayment.

What to Do If Your Landlord Won't Return Your Deposit

Step 1: Photograph everything before you leave. Every room, every wall, every appliance, time-stamped. Video walkthroughs are even better. This is the single most valuable evidence in any deposit dispute.

Step 2: Do a joint walkthrough if you can. Many states give you the right to be present at move-out inspection. Get the landlord to sign off on the condition or write down any disputes in real time.

Step 3: Provide a forwarding address in writing. The clock for return only starts when the landlord knows where to send the deposit. No address, no statutory deadline running.

Step 4: Send a demand letter by certified mail. Cite your state's deadline, the amount owed, and the penalty available if they don't return it. A surprising number of landlords cut a check at this stage to avoid the 2–3× exposure.

Step 5: File in small claims. Filing fees are usually under $100 and you don't need a lawyer. Many states let you recover 2–3× the deposit amount plus court costs and attorney fees if you have one.

What should you NOT do?

Don't leave without documenting. Without move-out photos, it's your word against the landlord's — and judges have heard a lot of those cases.

Don't skip the demand letter. Courts want to see you tried to resolve it first. The certified-mail receipt also locks in the date the landlord was put on notice.

Don't sit on the claim. Statutes of limitations for deposit suits run 2–6 years depending on state. The longer you wait, the harder the evidence is to find.

Don't cash a partial refund check without writing "under protest" on it. Some states treat a partial check as accord and satisfaction — meaning you've accepted it as full payment. Note in writing that you're still disputing the rest.

Texas requires deposit return within 30 days of forwarding-address delivery — bad-faith withholding triggers $100 + 3× the wrongfully withheld amount + attorney fees, plus total forfeiture under § 92.109(b) if no itemized list is sent.

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Common Questions

Can my landlord deduct for carpet cleaning or repainting?

Only if damage goes beyond normal wear and tear. Routine carpet cleaning and repainting after an average-length tenancy are generally the landlord's cost of turnover, not a deductible charge — most state case law treats standard turnover costs as non-deductible. Deep cleaning due to pets, stains, or burns can be deducted with itemization.

What's the difference between "normal wear" and "damage"?

Normal wear: minor scuffs on walls, light carpet traffic paths, faded paint, loose grout, worn door hinges, small picture-hanger holes. Damage: large holes in drywall, broken tiles, pet stains, burns, broken appliances, missing fixtures. The test courts apply: would this appear after ordinary use during the lease term?

Can my landlord keep the deposit if I broke the lease early?

Not automatically. In most states the landlord has a "duty to mitigate" — they must make reasonable efforts to re-rent the unit, and you only owe rent until a replacement tenant is found (plus advertising costs). Any unused deposit funds must still be itemized and returned within the state's statutory window.

What if I never get an itemized list of deductions?

Most states impose automatic forfeiture: if the landlord fails to provide an itemized list within the statutory window (typically 14–30 days), they lose the right to withhold any amount — even for legitimate damage — and often owe 2× or 3× the deposit as a penalty. This is the single strongest tenant protection in deposit law; don't waive it by negotiating before the clock runs out.

Security Deposits in other states

Same topic, different jurisdiction. Pick the one that applies to you.

Legal Resources

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Every reference below links to its primary source — the statute book, regulator, or court — and carries a verification date. See our citation methodology for how this works.

Texas

StatuteTexas Security Deposit Statute, Tex. Prop. Code §§ 92.101-92.110
Agency guidanceTexas Attorney General — Security Deposit Guide
Agency guidanceHUD — Tenant Rights, Laws and Protections

Federal

RegulationHUD Housing Quality Standards (24 C.F.R. § 982.401)
Federal habitability standards governing Section 8 / Housing Choice Voucher units; does not preempt state security-deposit laws but applies in subsidized housing.
StatuteUniform Residential Landlord and Tenant Act § 2.101
URLTA model statute (adopted by 21 states) caps deposits and requires itemized accounting with statutory deadlines.