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Letter For renters

Security deposit demand letter (Dallas-Fort Worth)

Legal advice recommended before use.

In Texas, a landlord must return your security deposit — minus any lawful, itemized deductions — within 30 days after you surrender the unit (Tex. Prop. Code § 92.103(a)). Your landlord may not deduct for normal wear and tear (§ 92.104(a)). If they act in bad faith by retaining your deposit or failing to provide the required itemized statement, they can be liable for $100 plus three times the amount wrongfully withheld, plus your attorney's fees (§ 92.109(a)-(b)). Use this letter to make a clear, dated written demand.

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Send by a method you can prove (certified mail or email with confirmation) and keep a copy. If your landlord doesn't respond, a Justice of the Peace (JP) court claim generally requires no attorney. This is a template, not legal advice.

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Frequently asked questions

How many days does a Dallas-Fort Worth landlord have to return my security deposit?

30 days after you surrender the unit, under Tex. Prop. Code § 92.103(a).

Is there a cap on how much my landlord can charge for a security deposit?

No. Texas sets no statutory cap on the deposit amount (Tex. Prop. Code § 92.102) — landlords can set whatever amount the market and the lease allow.

Can my landlord deduct for normal wear and tear?

No. Tex. Prop. Code § 92.104(a) prohibits deducting from your deposit for normal wear and tear — only unpaid rent and damage beyond normal wear and tear (plus anything else the lease specifically allows) can be deducted.

What happens if my landlord ignores the deadline or won't give me an itemized list?

Under Tex. Prop. Code § 92.109(a), a landlord who retains the deposit in bad faith is liable for $100 plus three times the amount wrongfully withheld, plus your attorney's fees. A bad-faith failure to give you the required itemized list separately forfeits the landlord's right to withhold anything from the deposit (§ 92.109(b)). Missing the 30-day deadline for either the deposit or the itemized list is presumed bad faith (§ 92.109(d)).

Can I just withhold my last month's rent instead of asking for the deposit back?

Be careful — Tex. Prop. Code § 92.108 makes a tenant who withholds rent in bad faith, assuming the deposit will cover it, liable for three times the wrongfully withheld rent plus the landlord's attorney's fees. Send this demand letter instead of withholding rent.

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