Get Your Security Deposit Back Without the Headache
Landlords often like to think of your security deposit as their end-of-lease bonus. This guide will help you get your money back.
1. Provide Your Forwarding Address
You must give your landlord a written statement of your new address. Technically, they are not obligated to return your deposit or tell you why they are keeping it until you do this.
Best Practice: Send this via email or certified mail so you have proof of delivery.
2. Silence is Golden
Once you have surrendered the apartment and provided your forwarding address, the clock starts. Your landlord has exactly 30 days to either refund your deposit or provide a written, itemized list of deductions.
Pro tip: Do not hound them!
Many tenants call their leasing office regularly to check on the status. Don't. If the landlord fails to send the refund or the itemized list within 30 days, they are presumed to be acting in bad faith.
If they miss this deadline, the law says they may forfeit the right to withhold any of your deposit – even for legitimate damages. By reminding them, you might be hurting your case. Let the clock run out.
3. Know What They Can't Charge For
Landlords often try to deduct more than the law allows. Texas law explicitly states they cannot deduct money from your security deposit to cover "normal wear and tear." They can only deduct reasonable amounts for damages you are legally responsible for.
Your best defense is documentation. Take clear pictures of the entire property—inside and out—before you move in and right before you turn in your keys. This evidence is the only way to ensure you don't get stuck paying for someone else's repair bill.
4. Last Month’s Rent
Never withhold your last month’s rent thinking the security deposit will cover it. If you do, you could be liable for three times the rent plus the landlord's attorney fees. Pay your rent, move out, and handle the deposit separately.
5. When to Call a Lawyer
If 30 days have passed and you have received nothing, or if your landlord has withheld more than they are allowed, you may be entitled to significant compensation. A landlord acting in bad faith may be liable for:
$100 plus three times the amount wrongfully withheld.
Your reasonable attorney’s fees.
Do You Have a Case?
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