Security Deposit Rights in Texas — DFW Tenant Guide

Security deposit check and Texas apartment lease document

Texas landlords must return deposits—or itemized deductions—within 30 days. Tex. Prop. Code § 92.103.

The 30-Day Rule — Texas Property Code § 92.103

Under Texas law, your landlord must return your security deposit — or mail you a written, itemized list of deductions with any remaining balance — within 30 days after you vacate and surrender possession of the unit. This clock starts when you both vacate AND provide a forwarding address.

Key Detail: If you fail to give a forwarding address in writing before moving out, the 30-day clock does not start. Always provide your new address in writing — text, email, or written note — before your move-out date. 📜 Tex. Prop. Code § 92.107

What Can a Landlord Legally Deduct?

Section 92.104 limits deductions to specific categories only. Your landlord cannot simply keep your deposit because they feel like it. Legal deductions include:

Unpaid rent at the time of move-out
Damages beyond normal wear and tear — holes in walls, broken fixtures, burns, pet stains
Charges expressly authorized in the lease — cleaning fees, early termination fees (if in writing)
Unreturned keys or access cards (if the lease specifies a charge)

Normal Wear and Tear is NOT Deductible. Minor scuffs on walls, small nail holes from hanging pictures, faded paint, worn carpet from normal use — these are the cost of doing business as a landlord. Deducting for them is illegal. 📜 Tex. Prop. Code § 92.104(b)

The Itemized List Requirement

If your landlord makes ANY deductions, they must send you a written, itemized statement explaining each deduction and the amount. A vague "cleaning fee" with no breakdown is legally insufficient. The statement must be mailed to your forwarding address.

If the landlord keeps any portion of your deposit without providing this itemized statement within 30 days, they lose the right to keep it — and face treble damages.

📜 Tex. Prop. Code § 92.104(c)

Penalties for Wrongful Withholding — § 92.109

This is where Texas law has real teeth. A landlord who in bad faith withholds your deposit can owe you:

The full amount wrongfully withheld
An additional $100 penalty
Three times the amount wrongfully withheld (treble damages)
Your reasonable attorney's fees

3× Treble damages available when a landlord withholds your deposit in bad faith — on top of the deposit itself. Tex. Prop. Code § 92.109.

Real Court Case: Bad Faith Deposit Withholding

In Pulley v. Milberger, 198 S.W.3d 418 (Tex. App.—Dallas 2006), the Dallas Court of Appeals affirmed that a landlord's failure to timely return a deposit or provide an itemized statement supports a finding of bad faith — entitling the tenant to treble damages under § 92.109. The court noted that the landlord bears the burden of proving good faith when they withhold any portion.

In a companion line of cases, Texas courts have consistently held that a landlord cannot escape liability by simply claiming the unit needed cleaning if they cannot produce receipts, photos, or a move-out inspection report documenting the actual damage.

How to Sue in DFW — Justice of the Peace Court

Security deposit disputes in Dallas-Fort Worth are filed in Justice of the Peace (JP) Court. You can sue without an attorney for amounts up to $20,000. Filing fees run approximately $46–$96 depending on the precinct.

County	Court	Filing Location	Phone
Dallas County	JP Court Pct. 1–8	600 Commerce St, Dallas, TX 75202	(214) 653-7638
Tarrant County	JP Court Pct. 1–8	200 Taylor St, Fort Worth, TX 76196	(817) 884-1400
Collin County	JP Court Pct. 1–4	2100 Bloomdale Rd, McKinney, TX 75071	(972) 548-4100
Denton County	JP Court Pct. 1–5	1450 E McKinney St, Denton, TX 76209	(940) 349-2012

Step-by-Step: Getting Your Deposit Back

Provide your forwarding address in writing before move-out — email or text with timestamp works.
Do a walkthrough with your landlord and photograph every room — walls, floors, appliances, fixtures — with time-stamped photos.
Wait for the landlord's response. They have exactly 30 days from the date you vacated AND gave your address.
If no response or improper deductions, send a certified demand letter stating the amount owed and referencing § 92.109.
If still no response within 10–14 days, file in JP Court. Bring: your lease, receipts, move-in/move-out photos, and all written communications.

DFW Renter Statistics

Dallas-Fort Worth is one of the largest rental markets in the United States. According to U.S. Census data and the Texas Department of Housing and Community Affairs:

Over 42% of DFW households rent their homes (approximately 1.1 million renter households)
Median asking rent in Dallas County: approximately $1,450–$1,700/month (2024)
Security deposit disputes are among the most common landlord-tenant cases filed in Dallas and Tarrant County JP courts
Most deposits in DFW range from $500 to $2,500 depending on the property

Frequently Asked Questions

What if my landlord never responds to my demand letter?

File in JP Court. Bring your written demand letter (certified mail receipt is best), your lease, move-in/move-out photos, and any correspondence. Texas JP courts handle these routinely and the filing fee is usually under $100. Most cases are heard within 3–6 weeks.

Can my landlord deduct for carpet cleaning?

Only if the carpet was left in a condition worse than normal wear and tear. If you lived there for 2+ years and the carpet is simply worn, that's normal use — not your liability. If there are pet stains, burns, or excessive soiling beyond what's expected, a deduction may be justified — but the landlord must provide receipts.

My landlord sent an itemized list but I think the charges are inflated. What can I do?

Request copies of all receipts and invoices. In Texas, a landlord using their own labor must still provide a reasonable, itemized breakdown. If charges are inflated or fabricated, that's bad faith under § 92.109 — bring receipts (or their absence) to JP court as evidence.

Does Texas law cap the amount of a security deposit?

No. Texas has no statutory cap on the amount a landlord can charge as a security deposit. However, whatever amount is charged is subject to the full return/itemization rules under §§ 92.103–92.109.

What if I moved out early and the landlord is keeping my deposit for "lost rent"?

Early termination fees must be explicitly written into the lease to be enforceable. Even then, the landlord has a duty to mitigate damages by attempting to re-rent the unit. They cannot simply sit on a vacant unit and bill you for every lost month. Challenge inflated early termination withholding in JP court.

Free Help in DFW: The Austin Tenants Council (statewide) and Texas Tenants Union (Dallas) offer free counseling, workshops, and referrals for renters in Dallas-Fort Worth dealing with security deposit disputes.

This guide is for general informational purposes and does not constitute legal advice. Laws may change. Consult a licensed Texas attorney for advice specific to your situation. Statute citations are to the Texas Property Code as of the date of publication.