In Texas, landlords have 30 days (30 days after the tenant surrenders the premises (provided tenant has given a written forwarding address)) to return your deposit or provide an itemized deduction statement.
Enter your move-out / key-surrender date and deposit amount to check whether your landlord is past the Texas statutory deadline under Tex. Prop. Code §§ 92.101 to 92.111.
| Governing Statute | Tex. Prop. Code §§ 92.101 to 92.111 |
|---|---|
| Return Deadline | 30 days (30 days after the tenant surrenders the premises (provided tenant has given a written forwarding address)) |
| Maximum Deposit Cap | No statutory cap |
| Bad-Faith / Late Penalty | Up to 3.0x — $100 statutory penalty PLUS three times (3x) the portion of the deposit wrongfully withheld, plus tenant's reasonable attorney's fees |
| Small Claims Court Limit | $20,000 |
| Interest Required? | No |
| Walkthrough / Inspection | Landlord who fails to return deposit or provide written description within 30 days is presumed to have acted in bad faith |
Example: On a $1,800 deposit wrongfully withheld past the 30-day deadline in Texas, statutory provisions allow claims up to $5,400 (3.0x) in Small Claims Court (limit $20,000).
Even when a Texas landlord mails an itemized list within 30 days, they cannot charge you for normal wear and tear or bill you 100% of the replacement cost for an aged asset that has already exhausted most of its useful life.
Standard apartment carpet depreciates over 5 years (60 months). If carpet was 4 years old at move-out, the maximum recoverable value is 20% — never a full replacement bill.
Send a written demand via Certified Mail citing Tex. Prop. Code §§ 92.101 to 92.111 and giving a firm 7-to-10 business day deadline before filing in Texas Small Claims Court.
Use our free Carpet & Paint Depreciation Calculator to calculate the exact legal deduction cap in seconds.