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Texas security deposit demand letter
In Texas, a landlord must refund a security deposit on or before the 30th day after the tenant surrenders the premises, except as Property Code § 92.107 provides. The landlord is not obligated to return the deposit or the deduction list until the tenant gives a written forwarding address. Bad-faith retention can mean liability for $100, three times the amount wrongfully withheld, and reasonable attorney's fees.
Laws change. Read the official source and confirm it still applies to your tenancy. Local ordinances are not summarized here. This page is not legal advice.
Return deadline
30 days after surrender, unless the forwarding-address rule applies.
Property Code § 92.103(a) says that except as provided by § 92.107, the landlord shall refund a security deposit on or before the 30th day after the date the tenant surrenders the premises.
Tex. Prop. Code § 92.103(a). Texas Constitution and Statutes, Property Code chapter 92. Last verified: 2026-11-10.
If the deposit is kept improperly
Bad-faith retention: $100, plus three times the part wrongfully withheld, plus reasonable attorney's fees.
Section 92.109(a) says a landlord who in bad faith retains a security deposit in violation of the subchapter is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. Section 92.109(d) says a landlord who fails to return the deposit or provide the written description and itemization on or before the 30th day after surrender is presumed to have acted in bad faith. Section 92.109(b) says a bad-faith failure to provide that description and itemized list forfeits the right to withhold any portion or to sue the tenant for damages to the premises, and the landlord is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
Tex. Prop. Code § 92.109. Texas Constitution and Statutes, Property Code § 92.109. Last verified: 2026-11-10.
Itemized deductions
Yes, if any of the deposit is kept, with a rent-owed exception.
Section 92.104(c) says that if the landlord retains all or part of a security deposit, the landlord shall give the tenant the balance, if any, together with a written description and itemized list of all deductions. The landlord is not required to give that description and list if the tenant owes rent when surrendering possession and there is no controversy concerning the amount of rent owed. Section 92.104(b) says the landlord may not retain any portion to cover normal wear and tear.
Tex. Prop. Code § 92.104. Texas Constitution and Statutes, Property Code chapter 92. Last verified: 2026-11-10.
Forwarding address
Yes. A written forwarding address is required before the landlord's refund duty is triggered, but the tenant does not forfeit the deposit by waiting.
Section 92.107(a) says the landlord is not obligated to return the deposit or give the written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit. Section 92.107(b) says the tenant does not forfeit the right to a refund, or the right to receive a description of damages and charges, merely for failing to give a forwarding address.
Tex. Prop. Code § 92.107. Texas Constitution and Statutes, Property Code § 92.107. Last verified: 2026-11-10.
Written demand before a case
We did not verify a statute that requires a demand letter before every Texas case about a deposit. Ask the court clerk or a legal aid lawyer before you rely on a filing rule.
Free sample with blanks
Copy this outline and fill the brackets yourself. The statute sentence is from the checked note above, not from a generated draft.
[Date] [Your name] [Your current address] [Landlord name] [Landlord address] Re: Return of security deposit for [rental address] Dear [Landlord name], I rented [rental address] from [move-in date] through [move-out date]. I paid a security deposit of $[deposit]. You have returned $[amount already returned]. I am asking for the remaining $[balance]. What happened: [Describe the move-out, the condition of the unit, and any list of deductions you did or did not receive. Two or three sentences are enough.] Under Tex. Prop. Code § 92.103(a), 30 days after surrender, unless the forwarding-address rule applies. Bad-faith retention: $100, plus three times the part wrongfully withheld, plus reasonable attorney's fees. Please pay $[balance] within [14] days by [check or money order]. I can provide [receipts, photos, the lease, or messages]. Sincerely, [Your name] Sample note: the statute sentences above come from Texas Constitution and Statutes, Property Code chapter 92, last verified 2026-11-10. Laws change. This sample is a formatting example, not legal advice.
Official and free resources
- Property Code chapter 92 — Security deposits are in subchapter C, including §§ 92.103, 92.104, 92.107, and 92.109.
- Texas State Law Library, security deposit refunds — Plain-language guide from the State Law Library, with links back to the Property Code.
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