Texas Security Deposit Demand Letter
In Texas a landlord must refund your deposit within 30 days after you surrender the premises. A bad-faith landlord owes $100 plus three times the amount wrongfully withheld plus your attorney fees. Attorney review available.
Introduction
A security deposit demand letter is a written demand a Texas tenant sends a former landlord to recover a security deposit that has not been returned, before filing suit. In Texas the landlord must refund the security deposit on or before the 30th day after the date the tenant surrenders the premises (Tex. Prop. Code Section 92.103(a)), though the landlord is not obligated to return it until the tenant gives a written statement of a forwarding address (Section 92.107(a)); the tenant does not forfeit the refund merely by failing to give that address (Section 92.107(b)). If the landlord keeps any part of the deposit, the landlord must give the tenant the balance together with a written description and itemized list of all deductions, unless the tenant owed rent at surrender and there is no controversy about the amount owed (Section 92.104(c)). A landlord may deduct only for damages and charges for which the tenant is legally liable under the lease or for breaching it (Section 92.104(a)), and may not retain any portion to cover normal wear and tear (Section 92.104(b)). A landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees (Section 92.109(a)); a landlord who fails either to return the deposit or to 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(d)). If the demand is ignored, a Texas tenant can sue in justice court, whose civil jurisdiction reaches $20,000 (Tex. Gov't Code Section 27.031(a)(1)), and the deadline to sue on a written lease is four years (Tex. Civ. Prac. & Rem. Code Sections 16.004 and 16.051). DocDraft builds your Texas security deposit demand letter from your facts, with attorney review available before you send it.
0/5000
Key Things to Know
- 1
A security deposit demand letter is a written demand a Texas tenant sends a former landlord to recover a deposit withheld past the state deadline, before taking the landlord to court.
- 2
The landlord must refund the security deposit on or before the 30th day after the date the tenant surrenders the premises (Tex. Prop. Code Section 92.103(a)).
- 3
The landlord is not obligated to return the deposit until the tenant gives a written statement of a forwarding address, but the tenant does not forfeit the refund merely by failing to give that address (Tex. Prop. Code Section 92.107(a), (b)).
- 4
If the landlord keeps any part of the deposit, the landlord must give the tenant the balance with a written description and itemized list of all deductions, unless the tenant owed rent at surrender and there is no controversy about the amount owed (Tex. Prop. Code Section 92.104(c)).
- 5
A landlord may deduct only for damages and charges for which the tenant is legally liable under the lease or for breaching it, and may not retain any portion to cover normal wear and tear (Tex. Prop. Code Section 92.104(a), (b)).
- 6
A landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees; bad faith is presumed if the landlord neither returns the deposit nor provides the written itemization within 30 days of surrender (Tex. Prop. Code Section 92.109(a), (d)).
- 7
If the demand is ignored, a Texas tenant can sue in justice court, whose civil jurisdiction reaches $20,000 (Tex. Gov't Code Section 27.031(a)(1)); the deadline to sue on a written lease is four years (Tex. Civ. Prac. & Rem. Code Sections 16.004 and 16.051).
Key decisions before you file
Before you file a Security Deposit Demand Letter in Texas, a few decisions shape the document: which option to choose and what each one means. The Security Deposit Demand Letter guide walks through them.
Open the Security Deposit Demand Letter guideCustomize your Security Deposit Demand Letter Template with DocDraft
Texas Requirements for Security Deposit Demand Letter
30-Day Refund Deadline
In Texas the landlord must refund the security deposit on or before the 30th day after the date the tenant surrenders the premises (Tex. Prop. Code Section 92.103(a)). Your demand letter should state that this deadline has passed.
Written Forwarding Address Condition
The landlord is not obligated to return the deposit or give a written description of damages until the tenant gives a written statement of a forwarding address (Tex. Prop. Code Section 92.107(a)). The tenant does not forfeit the refund merely by failing to give that address (Section 92.107(b)), but providing it in writing removes any excuse for delay.
Written Description and Itemized List of Deductions
If the landlord retains any part of the deposit, the landlord must give the tenant the balance together with a written description and itemized list of all deductions (Tex. Prop. Code Section 92.104(c)). That description is not required only if the tenant owed rent at surrender and there is no controversy about the amount of rent owed.
Permitted Deductions
A Texas landlord may deduct only for damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease (Tex. Prop. Code Section 92.104(a)). Deductions outside these categories can be disputed in your demand letter.
No Deduction for Normal Wear and Tear
A Texas landlord may not retain any portion of a security deposit to cover normal wear and tear (Tex. Prop. Code Section 92.104(b)). Normal wear and tear means deterioration that results from the intended use of a dwelling, not deterioration from negligence, carelessness, accident, or abuse (Section 92.001(4)).
Bad-Faith Penalty: $100 Plus Triple Damages and Fees
A Texas landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees (Tex. Prop. Code Section 92.109(a)). A landlord who fails to return the deposit or to provide the written itemization within 30 days of surrender is presumed to have acted in bad faith (Section 92.109(d)), and bears the burden of proving retention was reasonable (Section 92.109(c)).
Send With Proof of Delivery and a Forwarding Address
Give the landlord your forwarding address in writing and send the demand using a trackable method such as certified mail with return receipt. Keep a copy of the letter and the delivery record for a later justice court filing.
Court Venue and Deadline to Sue
If the demand is ignored, a Texas deposit claim is filed in justice court, whose civil jurisdiction reaches an amount in controversy of not more than $20,000, exclusive of interest (Tex. Gov't Code Section 27.031(a)(1)). The deadline to sue on a written lease is four years (Tex. Civ. Prac. & Rem. Code Sections 16.004 and 16.051).