Texas Security Deposit Demand Letter
Direct answer
In Texas, the landlord must return the deposit within 30 days. The deadline is measured from this trigger: The date the tenant surrenders the premises (possession). The verified state formula is $100 + 3x the portion wrongfully withheld + reasonable attorney's fees when landlord acts in bad faith; bad faith is presumed if landlord fails to refund or itemize within 30 days (Tex. Prop. Code §92.109).
Key facts
| Deadline | 30 days |
|---|---|
| Deadline trigger | the date the tenant surrenders the premises (possession) |
| Penalty formula | $100 + 3x the portion wrongfully withheld + reasonable attorney's fees when landlord acts in bad faith; bad faith is presumed if landlord fails to refund or itemize within 30 days (Tex. Prop. Code §92.109) |
| Bad faith required | Yes |
| Itemization required | Yes |
| Interest on deposit | No |
| Maximum deposit | No statutory limit on residential security deposits in Texas |
| Forwarding address required | Yes |
| Small claims limit | $20,000statewide in Justice Court (Justice of the Peace) |
| Statute citation | Tex. Prop. Code §§92.101-92.109 (Subchapter C) |
Statute says
Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises. ... Sec. 92.109. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
What this means
Read the deadline, trigger, and penalty together before sending a letter. Match the dates in your documents to the trigger listed above, then cite Tex. Prop. Code §§92.101-92.109 (Subchapter C) and request the deposit amount supported by your records.
Worked example
Use your actual deposit amount when you write the letter. For context, median rent in Texas is $1,475 according to US Census Bureau American Community Survey, via USAFacts data as of .
- Austin-Round Rock-San Marcos, TX Metro Area: $1,726
- Dallas-Fort Worth-Arlington, TX Metro Area: $1,614
- Houston-Pasadena-The Woodlands, TX Metro Area: $1,430
- San Antonio-New Braunfels, TX Metro Area: $1,363
Example demand basis: a deposit equal to the state median rent starts at $1,475 before applying the state formula: $100 + 3x the portion wrongfully withheld + reasonable attorney's fees when landlord acts in bad faith; bad faith is presumed if landlord fails to refund or itemize within 30 days (Tex. Prop. Code §92.109).
County small claims courts
| County | Court and city | Limit | Filing fee | E-filing | Court link |
|---|---|---|---|---|---|
| Harris County | Justice of the Peace (JP) Court, Precinct Civil Division - Small Claims Case, Houston | $20,000 (statewide) | $54 base filing fee (plus separate service-of-process fee, ~$75) | Yes | Court site |
| Dallas County | Justice of the Peace Court (multiple precincts) - Small Claims, Dallas | $20,000 (statewide) | $54 filing fee only, or ~$134 all-in (varies by precinct; +$80 per additional defendant) | Yes | Court site |
| Tarrant County | Justice of the Peace Court (Precinct courts) - Small Claims Case, Fort Worth | $20,000 (statewide) | $54 filing fee + ~$90 constable service fee per party served | Yes | Court site |
| Bexar County | Justice of the Peace Court (Precinct courts) - Small Claims, San Antonio | $20,000 (statewide) | $54 filing fee (service fee additional, varies by precinct) | Yes | Court site |
| Travis County | Justice of the Peace Court (Precinct courts) - Small Claims/Civil Suits, Austin | $20,000 (statewide) | ~$101 total (filing + service) for one defendant | Yes | Court site |
| Collin County | Justice of the Peace Court (Precinct courts) - Small Claims, McKinney | $20,000 (statewide) | $54 filing fee + ~$75-$125 service cost | Yes | Court site |
| Denton County | Justice of the Peace Court (Precinct courts) - Small Claims, Denton | $20,000 (statewide) | $54 filing fee (service fee additional) | Yes | Court site |
| Fort Bend County | Justice of the Peace Court (Precinct courts) - Small Claims, Richmond | $20,000 (statewide) | not confirmed from an official fee schedule; likely ~$54 base per statewide norm but unverified for this county | Yes | Court site |
| Hidalgo County | Justice of the Peace Court (Precinct courts) - Small Claims, Edinburg | $20,000 (statewide) | ~$100 filing fee; ~$154 total with in-county service for 1 defendant | Not verified | Court site |
| El Paso County | Justice of the Peace Court (Precinct courts) - Small Claims, El Paso | $20,000 (statewide) | $54 filing fee (Debt Claim/Repair & Remedy cases $139) | Yes | Court site |
| Montgomery County | Justice of the Peace Court (Precinct courts) - Small Claims, Conroe | $20,000 (statewide) | ~$126-$129 total (filing ~$25-54 + ~$75 service + small add-on fees), varies by precinct | Yes | Court site |
| Williamson County | Justice of the Peace Court (Precinct courts) - Small Claims, Georgetown | $20,000 (statewide) | $54 filing fee + ~$80 service cost | Yes | Court site |
Free Texas template, built from verified state data
I am requesting the return of my security deposit. The verified Texas data for this page lists a 30 days return window and cites Tex. Prop. Code §§92.101-92.109 (Subchapter C).
Before you send
- Collect your lease, deposit receipt, and move-in records.
- Save photos, videos, and messages about move-out condition.
- Write down the move-out date you can prove.
- Confirm the forwarding address you gave the landlord.
- Send by certified mail when appropriate, and keep a copy of the final letter and delivery proof.
When this letter will NOT work
- The dispute is not about return of a security deposit.
- You need urgent court relief instead of a demand letter.
- You cannot identify the landlord or property manager to contact.
- Your documents point to a different state or a different kind of claim.
Typical mistakes
- Sending a letter before organizing the documents that prove the timeline.
- Demanding an amount that does not match the payment records.
- Leaving out the forwarding address or preferred response method.
- Mixing repair complaints into a deposit letter without separating the issues.
FAQ
Does Houston have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Texas law and local rules.
Does San Antonio have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Texas law and local rules.
Does Dallas have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Texas law and local rules.
Does Fort Worth have its own security deposit law?
No separate city security-deposit ordinance is listed in the verified data. Check the applicable Texas law and local rules.
Can I use this if I do not know the exact deposit amount?
Use the amount shown in your lease, receipt, or move-in records. If records conflict, keep copies and avoid guessing in the letter.
Should I send evidence with the first letter?
Attach copies when they prove the basic facts, such as payment, move-out condition, forwarding address, or prior messages.
Can this page replace legal advice?
No. This page is self-help information for organizing a demand letter and checking the cited data before you act.
City data on this page currently includes Houston, San Antonio, Dallas, Fort Worth, Austin, El Paso, Arlington, Corpus Christi, Plano, Lubbock, Laredo, Irving, Garland, Frisco, McKinney.
Tenant resources
- TexasLawHelp.org (a program of Texas Legal Services Center)legal aid
- Texas RioGrande Legal Aid (TRLA)legal aid in Weslaco (serves 68 counties in central/southwest Texas), (956) 996-8752
- Texas Tenants' Uniontenant union in Dallas, (214) 823-2733
- Texas Attorney General Consumer Protection Hotlineag consumer, (800) 621-0508