I moved out of my apartment and the landlord has not returned any of the security deposit. I’ve reached out to the landlord but have not received any response. Do I have rights in this situation?
Texas law provides protection for tenants in this situation. The Texas Property Code states that the landlord must return the security deposit within 30 days of the date that the tenant leaves the property. However, the landlord is not obligated to return the tenant’s security deposit until the tenant gives the landlord a written statement of the tenant’s forwarding address. In these situations, it can be helpful to send a letter, preferably via certified mail, to the landlord verifying the tenant’s mailing address and informing the landlord that Texas law requires the security deposit to be returned within 30 days.
If the landlord makes any deductions to the security deposit, Texas law requires that the landlord provide a written, itemized list of every charge. Deductions cannot be made for normal wear and tear (see The Common Law’s archived articles on normal wear and tear).
It gets interesting if the landlord decides to keep your deposit without providing the itemized breakdown. In that case, Texas law presumes that the landlord is acting in bad faith, which shifts the burden to the landlord to prove the retention of the security deposit with no notice was reasonable. A landlord that acts in bad faith by not returning the security deposit could be liable for up to three times the portion of the security deposit wrongfully withheld, the tenant’s reasonable attorneys’ fees, and $100. Read next months’ column to learn how to assert a claim for return of the security deposit.
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Marrs, Ellis & Hodge LLP, www.mehlaw.com.
The material in this column is for informational purposes only. It does not constitute, nor is it a substitute for, legal advice. For advice on your specific facts and circumstances, consult a licensed attorney. You may wish to contact the Lawyer Referral Service of Central Texas, a nonprofit public service of the Austin Bar Association, at 512-472-8303 or www.austinlrs.com.
This article appears in June 5 • 2026.