Under Texas law, landlords may only keep part of a residential security deposit for lawful charges such as unpaid rent or damages beyond normal wear and tear. If a landlord keeps any of the deposit, they must give the tenant the remaining balance and a written, itemized list of deductions. If the landlord fails to return the deposit or provide the itemized list within the time required, the law creates a presumption the landlord acted in bad faith.
When a landlord acts in bad faith and wrongfully withholds a deposit, the tenant may bring a suit to recover the deposit. The statutes set out potential damages a court may award and place the burden on the landlord to show any retention was reasonable. A common next step is sending a demand letter; another is preparing to file in small claims court if the deposit is not returned.
Current Texas law
Every answer cites the statute
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The deadline that matters
30 days after the tenant surrenders possession of the rental unit.
What Texas law says
For residential leases, the landlord may deduct from a security deposit only for damages and charges the tenant is legally liable for; the landlord may not retain money for normal wear and tear, and if any portion is retained the landlord must provide the tenant the balance plus a written, itemized list of deductions under Tex. Prop. Code § 92.104. If a landlord in bad faith retains a deposit, fails to return it, or fails to provide the required itemized list within the statutory period, the landlord is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees; the landlord bears the burden of proving the retention was reasonable under Tex. Prop. Code § 92.109.
What to do
A common first step is to send a clear written demand letter to the landlord asking for the deposit return and the itemized deductions (the in-app tool can draft this).
A common next step is to gather evidence: lease, move-in/move-out photos, receipts for repairs or cleaning, and the landlord's communications.
As an option, many people prepare a small-claims filing if the deposit is not returned; small-claims courts handle these disputes and the in-app tool can help with filing prep.
Some tenants choose to keep records and be ready to show the landlord acted in bad faith if they later sue; the statute places the burden on the landlord to justify any retention.
Another option is to consider whether statutory damages and fees might apply if the landlord missed the deadline or failed to provide the required itemized list.
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Common questions
What counts as normal wear and tear?
The statute says landlords may not keep deposit money for normal wear and tear, meaning deterioration from intended use; deductions must be for tenant-liable damages or lease breaches.
When is a landlord presumed to have acted in bad faith?
A landlord who fails to return the deposit or provide the written itemized list on or before 30 days after the tenant surrenders possession is presumed to have acted in bad faith under the statute.
What can a court award if a landlord acted in bad faith?
If a court finds the landlord withheld the deposit in bad faith, the landlord may be liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees, per the statute.
Does the landlord have to prove deductions were reasonable?
Yes, in an action by the tenant the landlord has the burden of proving that retaining any portion of the security deposit was reasonable.
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This is legal information, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
