The deadline and the penalty
Texas Property Code Subchapter C is strict:
- ✓Sec. 92.103: the landlord must refund your deposit (minus itemized lawful deductions) within 30 days of you surrendering the unit and giving a forwarding address.
- ✓Sec. 92.104: deductions must be for actual damages beyond normal wear and tear, with an itemized written list.
- ✓Sec. 92.109: a landlord who acts in BAD FAITH (keeps it with no itemized list, or wrongfully) can be liable for 3x the wrongfully-withheld amount plus $100 and your attorney fees.
- ✓Always give a written forwarding address - it starts the 30-day clock.
How to get it back
Send a written demand citing Sec. 92.109 and the 30-day deadline. If they still refuse, Texas small claims (Justice Court) handles these for low filing fees and no lawyer required - the 3x penalty makes most bad-faith cases worth filing.
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Full guide includes: the deposit-demand letter template (Sec. 92.109), the wear-and-tear vs damage line, and the small-claims filing steps.
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