Sample Security Deposit Demand Letter for Texas (2026)

If your Texas landlord is sitting on your security deposit, a written demand letter is the step that usually gets it back — and Texas backs that letter with one of the sharper penalty structures in the country: a statutory fine, triple damages, and your attorney's fees, with a presumption rule that does most of the arguing for you.

This guide shows you a complete sample demand letter for Texas, explains the deadline in Texas Property Code § 92.103, and covers the two details — one about your forwarding address, one about the burden of proof — that separate letters landlords ignore from letters they pay.

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Texas's 30-Day Rule (§ 92.103)

Under Texas Property Code § 92.103, your landlord has 30 days from the date you surrender the property to either return your security deposit or provide a written, itemized list of deductions with the balance.

But there's a wrinkle most tenants don't know, and it lives in § 92.107: the landlord's obligation is conditioned on you giving them your forwarding address in writing. In practice, the 30-day clock is anchored to the later of two events — you surrendering possession, and you providing that written address.

Two things follow from that:

You don't lose your deposit by forgetting. A tenant who never gave a written forwarding address doesn't forfeit anything — the clock just hasn't started. It's a delay, not a penalty.

A text or a phone call doesn't do it. The statute says written. If your only forwarding address was verbal or a text message, the landlord's lawyer has an argument that the clock never ran — which is exactly the ambiguity a demand letter eliminates. The letter states your address in writing, on a dated document, and removes the question permanently.

The Bad-Faith Penalty (§ 92.109)

If the landlord withholds your deposit in bad faith, § 92.109 makes them liable for:

• A statutory penalty of $100
• Three times the portion of the deposit wrongfully withheld
• Reasonable attorney's fees

So a $1,500 deposit wrongfully withheld in full can support a court judgment of $4,600 plus fees. That math changes the landlord's calculation entirely — and the fee provision means Texas tenant attorneys will actually take deposit cases, because the landlord ends up covering the bill.

Texas sets no cap on security deposits, so on larger deposits the tripled exposure gets serious fast.

The Presumption That Does the Heavy Lifting

"Bad faith" sounds like something hard to prove — the landlord's state of mind. Here's what makes Texas different.

Under § 92.109, a landlord who retains the deposit or fails to provide the written description and itemized list within 30 days is presumed to have acted in bad faith. Presumed. You don't start by proving the landlord's intent — the landlord's own silence past the deadline builds the presumption for you, and the burden shifts to them to explain themselves.

This is why the demand letter matters so much in Texas: by the time you send it, a landlord who blew the deadline is already standing in the wrong spot legally. The letter doesn't open a negotiation — it points out that the presumption has attached, states the $100 + triple damages + fees exposure, and gives them one clean exit: pay.

One precision note: everything above — the penalty and the presumption — lives in § 92.109. Some internet templates cite § 92.108 for it, which is wrong and tells a landlord's attorney the letter came from a template mill. Cite § 92.109.

Sample Texas Security Deposit Demand Letter

Here's what a properly structured Texas demand letter looks like — laid out the way an actual demand letter reads on paper. The scenario: the tenant surrendered the unit June 15, gave a written forwarding address at move-out, and the landlord has sent nothing for over 40 days.

Notice what this letter does — and doesn't do:

• It nails the clock. Surrender date stated, written forwarding address provided at move-out and restated in the letter itself — so there's no argument that the 30 days never started running.
• It invokes the presumption. The letter doesn't just accuse the landlord of bad faith — it points out that 30 days of retention with no itemization is presumed bad faith under § 92.109. The landlord's silence is the evidence.
• It closes the side doors. Stating that no rent or fees are owed and that the unit's condition is documented with photographs and a checklist removes the two excuses landlords reach for first.
• It states the full exposure calmly. $100, triple the amount withheld, attorney's fees — stated once, without bluster. The landlord's own attorney will confirm the math.
• It cites § 92.109 — and only § 92.109 — for the penalty. Correct citations tell the landlord this letter wasn't pulled from a generic template.
• It sets a real deadline and states the consequence — court — while leaving the door open to simply paying.

How to Send It

Send the letter by USPS Certified Mail with Return Receipt. This creates dated, third-party proof that the landlord received your demand — and in Texas it carries extra weight: it's dated written proof of your forwarding address, the exact fact the § 92.103 clock hangs on. Keep the tracking number, the return-receipt confirmation, and a copy of the signed letter.

Then wait out the deadline you set. If the landlord pays, you're done. If not, the letter plus the certified-mail receipt become the backbone of a court case — one where the presumption is already leaning your way and § 92.109 puts your attorney's fees on the landlord's tab.

Frequently Asked Questions

How long does a landlord have to return a security deposit in Texas? 30 days after the tenant surrenders the property — with the clock anchored to the tenant also providing a forwarding address in writing. Within that window the landlord must refund the deposit or provide a written, itemized list of deductions.

What happens if my landlord doesn't return my deposit in 30 days? A landlord who retains the deposit or fails to provide the written itemization within 30 days is presumed under § 92.109 to have acted in bad faith — and bad-faith withholding carries a $100 penalty, three times the amount wrongfully withheld, and reasonable attorney's fees.

I never gave my landlord a forwarding address. Did I lose my deposit? No. Under § 92.107, not providing a written forwarding address delays the landlord's obligation — it doesn't forfeit your deposit. Provide the address in writing (a demand letter does this) and the clock runs from there.

Does a text message count as giving my forwarding address? The statute conditions the landlord's obligation on a written forwarding address, and relying on a text invites an argument about whether the clock ever started. Put it in a dated written document — the demand letter handles this.

Is there a limit on security deposits in Texas? No — Texas sets no cap on the amount of a security deposit.

Do I need a lawyer to send a demand letter in Texas? No. A demand letter is something tenants routinely send themselves. And because § 92.109 puts attorney's fees on the table, even the step after the letter is more accessible in Texas than in most states.

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Get a Letter Built for Your Exact Situation

The sample above fits one specific fact pattern. Your situation may differ — a partial refund with a vague list, deductions you dispute, a forwarding address you never gave — and the statute treats each differently.

TenantShield generates a Texas-specific demand letter built around your facts: the § 92.103 clock handled correctly, the bad-faith presumption invoked when your facts actually support it, and a court-ready structure — in minutes, for $39. Every deadline and citation is verified against the current Texas statute.

Generate your Texas demand letter →

Also see: Texas security deposit law — deadlines and penalties · What to include in a security deposit demand letter · What to do if your landlord won't return your deposit · Sample demand letters for every state · Security deposit deadline calculator

This article is general information about Texas law, not legal advice for your specific situation.