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.
Key Things to Know
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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.
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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)).
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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.
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Texas Requirements for Security Deposit Demand Letter
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.
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.
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.
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.
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)).
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)).
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.
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).
Frequently Asked Questions
It is a written demand a Texas tenant sends a former landlord to recover a security deposit the landlord did not refund within the 30 days after surrender that Tex. Prop. Code Section 92.103(a) allows. The letter states the amount owed, disputes any improper deductions, and asks for payment by a set date. It documents that you asked for the deposit before filing suit, and it can note the bad-faith penalty of $100 plus three times the amount wrongfully withheld plus attorney's fees under Section 92.109(a).
A Texas security deposit demand letter is an informal written request that costs nothing to send and asks the landlord to pay before any case is filed. A deposit suit in Texas is filed in justice court, whose civil jurisdiction reaches $20,000 (Tex. Gov't Code Section 27.031(a)(1)). The demand letter often resolves the dispute on its own, and if it does not, it becomes evidence that you asked for the deposit first and can support your claim for the bad-faith penalty under Property Code Section 92.109.
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)). The landlord is not obligated to pay until the tenant gives a written forwarding address (Section 92.107(a)), but the tenant does not lose the refund merely by failing to give that address (Section 92.107(b)). If 30 days pass after surrender with a written forwarding address on file and no refund, a demand letter is the usual next step.
A Texas landlord who in bad faith retains a security deposit is liable for $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 (Tex. Prop. Code Section 92.109(a)). A landlord who neither returns the deposit nor provides the required written description and itemization within 30 days of surrender is presumed to have acted in bad faith (Section 92.109(d)), and the landlord bears the burden of proving any retention was reasonable (Section 92.109(c)).
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)). The landlord may not retain any portion of the deposit to cover normal wear and tear (Section 92.104(b)), which the statute defines as deterioration from the intended use of a dwelling, not from negligence, carelessness, accident, or abuse (Section 92.001(4)). Charges for normal wear and tear can be disputed in your demand letter.
Yes, with one exception. If a Texas 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 if the tenant owed rent when he surrendered the premises and there is no controversy about the amount of rent owed. A landlord who in bad faith fails to provide the required written description forfeits the right to withhold any part of the deposit (Section 92.109(b)).
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)). A deposit claim can include the amount wrongfully withheld plus, for a bad-faith retention, $100, three times the portion wrongfully withheld, and reasonable attorney's fees under Tex. Prop. Code Section 92.109(a). The deadline to sue on a written lease is four years (Tex. Civ. Prac. & Rem. Code Sections 16.004 and 16.051).
A Texas demand letter should identify you and the landlord, give the rental address and the dates of the tenancy, state the deposit amount and your written forwarding address, and note that the 30-day refund deadline under Tex. Prop. Code Section 92.103(a) has passed. It should dispute any improper deductions, state the exact amount owed, and demand payment by a specific date. Referencing the bad-faith penalty of $100 plus three times the amount wrongfully withheld plus attorney's fees under Section 92.109(a) reinforces the demand.