Guide to recovering your deposit in Texas
The security deposit is one of the issues that most concerns tenants. In Texas, the law (Texas Property Code §92.101-92.109) sets clear rules.
Legal deadline for return
Your landlord has 30 days after you leave the property to return your deposit. If they make deductions, they must send an itemized written list.
Valid reasons to withhold the deposit
They CANNOT withhold your deposit for:
Steps to protect your deposit
If they do not return your deposit
If 30 days pass with no response:
Filing in Small Claims Court costs between $30 and $70 and you do not need a lawyer.
Common Mistakes That Can Cost You Your Deposit
Many tenants lose their deposit not because of real damage, but because of avoidable mistakes. Here are the most common ones:
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A Real-Life Example: Marisol's Story
Marisol rented an apartment in Houston for two years. When she moved out, she cleaned everything thoroughly, took photos, and handed over the keys in person. She gave her new address to the landlord both by text message and by certified letter.
Thirty-five days passed with no response. She sent a certified letter demanding her deposit back. The landlord replied with a list of deductions that included "repainting the entire unit" — clearly normal wear and tear after two years.
Marisol went to Small Claims Court with her photos, rent receipts, and a copy of her letter. The judge found that the landlord had acted in bad faith and ordered him to pay more than the original deposit amount. The key: documentation from day one.
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Move-Out Checklist Before Handing Over the Keys ✅
| Task | Done? |
|---|---|
| Photos and videos of every room (with date/timestamp) | ☐ |
| Deep cleaning of kitchen, bathrooms, and floors | ☐ |
| Minor repairs (nail holes in walls, etc.) | ☐ |
| Written notice of your new address to the landlord | ☐ |
| Signed receipt for key return | ☐ |
| Copy of lease and original move-in checklist saved | ☐ |
| Final walkthrough with landlord (if possible) | ☐ |
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What to Do If Your Landlord Simply Doesn't Respond?
If you sent your certified letter and the landlord is still silent, don't panic. Here are your next steps:
Remember: time matters. Acting quickly and with solid documentation is your strongest tool.