How long does a landlord have to return a security deposit in Texas?

A landlord must return the security deposit within 30 days after the tenant moves out, provided a forwarding address is given in writing.

Can my landlord keep my deposit for normal wear and tear?

No. Landlords in Texas cannot deduct for normal wear and tear; only for damages beyond normal use or unpaid rent.

What should I do if my landlord does not return my deposit?

Send a written demand letter. If this does not work, file a claim in your local Justice of the Peace Court.

Is a written forwarding address required for deposit return?

Yes. You must provide your new address in writing to receive the deposit within 30 days of move-out.

Is there a government-issued form to request my deposit back?

There is no official Texas state form, but you can use the sample demand letter provided by TexasLawHelp.org.

Texas Security Deposit Laws: Tenant Rights and Protections

Renter Rights & Legal Protections Texas published: June 21, 2025

Understanding how security deposits work in Texas is key to protecting your money and your rights as a renter. State law sets clear rules about how landlords must handle, hold, and return security deposits, ensuring renters are not unfairly charged or left in the dark. Here’s what you need to know about your rights regarding security deposits in Texas.

What Is a Security Deposit?

A security deposit is a sum of money paid by you (the tenant) to your landlord at the start of a rental agreement. Its main purpose is to cover any unpaid rent or damage beyond normal wear and tear after you move out. Texas law does not set a maximum amount that a landlord can charge for a security deposit, so this should be clearly stated in your lease agreement.

Your Rights and Protections under Texas Security Deposit Law

Texas provides specific rules and protections regarding security deposits under the Texas Property Code, Chapter 92 - Residential Tenancies.^[1] Here are the key protections every Texas renter should know:

Written notice of address: You must provide your landlord with a forwarding address in writing when you move out to ensure deposit return.
Timeline for return: The landlord generally has 30 days from your move-out date to return the security deposit, minus any allowable deductions.
Itemized deductions: If any money is deducted, the landlord must send an itemized list explaining each deduction.
No automatic forfeiture: Landlords can deduct for damages and unpaid rent, but not for normal wear and tear, and cannot make you automatically forfeit your deposit for simply breaking the lease.

If you do not receive an itemized list or your deposit back within 30 days, you may have the right to take action.

Allowable Deductions

Landlords in Texas can only deduct from your security deposit for legitimate reasons, such as:

Unpaid rent
Damages beyond normal use (not regular wear and tear)
Other costs specifically allowed in your lease (such as late fees or lost keys)

They must provide a written, itemized list of any deductions.

How and When Should You Receive Your Deposit Back?

Your landlord must return the balance of your security deposit—and an itemized deduction statement if money was withheld—within 30 days of your official move-out. You must have provided your forwarding address in writing. Be sure to do this even if you think your landlord already knows your new address.

Official Forms and How to Use Them

Security Deposit Demand Letter (Sample): While Texas does not provide a specific government-issued form, renters can use a written demand letter to formally request the return of their deposit if it’s not returned within 30 days. Texas Law Help offers a sample security deposit demand letter for tenants.
When to use: If your landlord has not returned your deposit or provided an itemized list within 30 days, send this letter by certified mail with proof of delivery. It serves as both a reminder and written record.

If your deposit still isn’t returned after sending a demand letter, you may pursue legal action in your local Justice of the Peace (JP) court.

Where to Resolve Disputes: Texas Justice of the Peace Courts

Security deposit disputes are typically handled by the Texas Justice of the Peace Courts in your local precinct. These courts handle small claims, including tenant-landlord disagreements involving deposits. There is no state tribunal or board specifically for residential tenancies in Texas; cases are resolved through the standard court system.

If your landlord violates your rights regarding your deposit, you may be entitled to up to three times the amount wrongfully withheld, plus court costs and attorney’s fees under Texas law.

Action Steps: What to Do if Your Deposit Isn’t Returned

Here’s a short checklist for Texas renters seeking their deposit back:

Provide your landlord a written forwarding address when you move out.
Wait 30 days for your security deposit/refund and itemized statement.
If not received, send a written demand letter using the sample form.
If there’s still no response, file a small claims case at your local Justice of the Peace Court.

FAQ: Texas Security Deposits

How long does a landlord have to return a security deposit in Texas?
Landlords have 30 days from your move-out date to return the security deposit, assuming you’ve provided a forwarding address.
Can my landlord keep my deposit for normal wear and tear?
No. Texas law prohibits landlords from deducting for normal wear and tear; only damages beyond normal use or unpaid rent may be deducted.
What can I do if my landlord doesn’t return my deposit?
You can send a written demand letter, and if there’s still no resolution, file a case in Justice of the Peace Court. You may be eligible for up to three times the amount wrongfully withheld.
Do I have to provide a forwarding address?
Yes. You must provide your forwarding address in writing to receive your deposit back under Texas law.
Is there an official government form for demanding a deposit back?
There is no state-issued form, but you can use the sample Security Deposit Demand Letter provided by TexasLawHelp.org.

Conclusion: Key Takeaways for Texas Renters

Your landlord must return your security deposit (minus valid deductions) within 30 days if you provide a written forwarding address.
You have legal protections against unfair deductions; be sure to document your move-out and communicate in writing.
If your rights are violated, you can take action in your local Justice of the Peace Court and potentially recover additional damages.

Knowing these rights makes navigating security deposit issues more confident and less stressful.

Need Help? Resources for Renters

Texas Property Code, Chapter 92: Residential Tenancies – Full details on state laws.
Sample Security Deposit Demand Letter (TexasLawHelp.org) – Template for requesting your deposit back.
Texas Justice of the Peace Courts – File a claim for unreturned deposits.
Texas Attorney General: Landlord and Tenant Rights – Helpful general info.