Landlord kept your deposit in Texas? Here's what to do.
Texas law is on your side: your landlord had 30 days under Tex. Prop. Code §§ 92.101–92.109 to return your deposit or itemize deductions. The playbook below is how tenants actually get the money back — usually without a lawyer.
The four steps, in order
- 1
Pin down the deadline
Count 30 days from your move-out date. Failing to return the deposit or provide the itemized list within 30 days creates a presumption of bad faith (§ 92.109(d)). A landlord who in bad faith fails to itemize forfeits the right to withhold any portion and to sue for damages, and owes the tenant's attorney's fees (§ 92.109(b)). If the deadline already passed with no refund and no itemized statement, write that date down — the missed deadline is often a stronger claim than arguing about any individual charge.
- 2
Gather your evidence
Lease, move-in/move-out photos or video, every message with the landlord, and the itemized statement if you got one. No photos? You are not out of luck — the landlord bears the burden of proving damage beyond normal wear and tear , and Texas has documentation rules working for you: No express receipt requirement, but the landlord bears the burden of proving the reasonableness of each deduction.
- 3
Send a certified-mail demand letter
A formal letter citing Tex. Prop. Code §§ 92.101–92.109, disputing improper charges line by line, and giving a 14-day deadline resolves most cases — landlords settle when they see you know the statute. Bad-faith retention: tenant may recover $100 plus three times the amount wrongfully withheld, plus reasonable attorney's fees (Tex. Prop. Code § 92.109). That exposure is your leverage: put it in the letter.
- 4
File in Justice Court (Small Claims)
If they ignore you, sue in Justice Court (Small Claims) — up to $20,000, filing fees around $54 filing + ~$75–$100 service per defendant, no lawyer needed. Bring a numbered evidence binder and a one-page damages summary; deposit cases are among the most tenant-friendly matters on the small-claims docket.
What's actually deductible — and what isn't
Ordinary wear and tear is never deductible: faded paint, small nail holes, carpet worn by normal use. Legitimate deductions are limited to damage beyond normal use, unpaid rent, and charges the statute allows. Flat cleaning fees without receipts, the landlord's own labor billed by the hour with no records, repainting after a multi-year tenancy, and re-renting costs are the charges tenants dispute — and win — most often.
Frequently asked questions
What should I do first if my landlord kept my deposit in Texas?
Check the statutory deadline. 30 days after surrender (if the tenant gave a forwarding address). If the deadline has passed with no refund or itemized statement, that failure itself is often your strongest claim — document the date you moved out and everything you have received since.
Do I need a lawyer to get my deposit back in Texas?
Usually not. Most deposit disputes settle after a formal demand letter citing Tex. Prop. Code §§ 92.101–92.109, and if not, Justice Court (Small Claims) (up to $20,000) is designed for self-represented tenants — filing fees run $54 filing + ~$75–$100 service per defendant.
What if I don't have move-in photos?
You can still win. The burden of proving damage beyond normal wear and tear is on the landlord, and procedural failures — a missed deadline, no itemized statement, no receipts — don't depend on photos. Gather your lease, messages, and any witnesses instead.
What can I recover if the landlord acted in bad faith in Texas?
Bad-faith retention: tenant may recover $100 plus three times the amount wrongfully withheld, plus reasonable attorney's fees (Tex. Prop. Code § 92.109).
Turn this playbook into your case — in 20 minutes
Enter your dates, deposit, and the landlord's charges; get a charge-by-charge analysis against Tex. Prop. Code §§ 92.101–92.109, a certified-mail-ready demand letter, an evidence pack, and dated next steps.
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