How do I dispute a security deposit return in Texas?

The Texas Property Code Chapter 92, Subchapter C governs residential security deposits.

1. 30-Day Return Rule

Under § 92.103, the landlord must refund the deposit (less lawful deductions) within 30 days after the tenant surrenders the premises and provides a written forwarding address. The 30-day clock does not start until both events occur — make sure to deliver the forwarding address in writing by certified mail.

2. Itemized Deduction Requirement

If any portion is withheld, § 92.104 requires a written, itemized description and itemized list of deductions. Failure to provide the itemization, even if deductions would otherwise be legitimate, creates a presumption of bad faith (§ 92.109(d)).

3. Permitted vs. Prohibited Deductions

Allowed: unpaid rent and damage caused by the tenant, their guests, or occupants beyond normal wear and tear (§ 92.104(b)). Prohibited: normal wear and tear, and the deposit cannot be applied to the last month's rent unless agreed in writing (§ 92.108).

4. Bad-Faith Penalty

Section 92.109 imposes liability of three times the wrongfully withheld portion, plus a $100 statutory penalty, plus reasonable attorney's fees. The landlord has the burden of proof.

5. Demand Letter

Send the landlord a written demand by certified mail/return receipt, citing § 92.109 and giving 10–15 days to cure. Include your forwarding address and itemized accounting of what is owed.

6. Small Claims (Justice Court)

Texas justice courts hear deposit disputes up to $20,000. The 4-year statute of limitations under Civ. Prac. & Rem. Code § 16.004 (debts) applies.

This is legal information, not legal advice.