Texas security deposit not returned after move-out

Short answer

For a Texas residential tenancy, first document when you surrendered the home and when you gave the landlord a forwarding address in writing. Texas law generally requires the deposit balance and any required itemized deductions on the statutory schedule, but the lease, unpaid rent, and other exceptions matter. Preserve the evidence and use current legal-help guidance; only a court can decide bad faith or what must be repaid.

Who this is for

Former Texas residential tenants whose security deposit is late, missing, or reduced by deductions they do not understand or agree with.

Next steps

1. Build a factual timeline for the lease end, surrender of the home, key return, written forwarding address, deposit payment, and any refund or deductions.
2. Compare the lease and the current Texas Property Code rules on refunds, forwarding addresses, normal wear, deductions, and unpaid rent.
3. If the issue remains unresolved, use TexasLawHelp’s current demand-letter guidance and keep proof of what you sent and how it was delivered.
4. Use a qualified legal-help or Justice Court resource before filing anything; a court, not this guide, decides liability, bad faith, and any recovery.

Have this ready

• The lease, deposit receipt, and any move-out notice
• Dated proof that keys or possession were returned
• Move-in and move-out photos, inspection notes, and messages
• Written forwarding-address proof plus any refund or itemized deductions received

Common mistakes to avoid

• Using the security deposit as the last month’s rent
• Relying on a verbal forwarding address or losing proof of delivery
• Assuming a late response automatically guarantees multiple damages
• Posting a lease, forwarding address, bank record, ID, or other private evidence online

Key facts

• Texas Property Code §92.103: the landlord must refund the deposit, or send a written itemized list of deductions, on or before the 30th day after you surrender the home.
• Missing that 30-day mark without an itemization is presumed bad faith (§92.103(d)).
• Texas Property Code §92.109: a landlord who keeps a deposit in bad faith owes $100 plus three times the amount wrongfully withheld, plus your reasonable attorney's fees.
• Normal wear and tear cannot be charged against the deposit (§92.001); only negligence, carelessness, accident, or abuse can.
• Texas justice courts hear deposit cases up to $20,000, no lawyer required.

Checked August 10, 2026 against the official source.

Common questions

Does my deposit claim die if I never gave a forwarding address?

No. Under §92.107 the landlord's refund clock starts when you give a written forwarding address, but you keep the right to the deposit. Send the address in writing and keep proof.

Can the landlord deduct for carpet wear or nail holes?

Ordinary deterioration from intended use is normal wear and tear and cannot come out of the deposit. Documented damage beyond that can.

What proof wins a deposit dispute?

Move-in and move-out photos with dates, the lease, your written forwarding address, and any itemization the landlord sent. Texas courts weigh dated records over memory.

Official sources

• Texas Attorney General renters' rights
• Texas Property Code Chapter 92
• TexasLawHelp security deposits

Last reviewed August 10, 2026 against the official source.

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