Legal Question Real Estate
Mar 25, 2026 · Asked by Maria G.

Can my landlord keep my security deposit after I moved out?

I moved out of my apartment two months ago and gave my landlord proper 30-day notice. He still hasn't returned my $1,200 security deposit and won't respond to my calls or texts. What are my options under Texas law?

1 Attorney Answer

Attorney Response Mar 30, 2026

TTL Legal Team

Verified Texas Attorney

Under Texas Property Code §92.103, a landlord must return your security deposit within 30 days of you vacating — provided you gave a forwarding address in writing. If he fails to do so without a written itemization of deductions, he forfeits the right to keep any portion. You can sue in small claims court (Justice of the Peace Court) for up to three times the deposit amount plus $100 and attorney's fees under §92.109. Send a certified-mail demand letter first, then file if he doesn't respond within 10 days.

This is general legal information, not legal advice. Consult a licensed attorney for your specific situation.

Attorney answers are general legal information and do not constitute legal advice or an attorney-client relationship.

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