Updated 2026 · Texas Law
Security Deposit Laws in Austin, Texas (2026)
Under Tex. Prop. Code § 92.103, landlords in Austin must return your security deposit within 30 days after you vacate the unit. Failure to comply entitles you to the deposit plus statutory penalties. This page is a plain-language reference to Texas's security deposit statute as it applies to Austin renters. Austin follows Texas state law; there is no local deposit ordinance. In a high-turnover rental market, thorough move-out documentation is critical.
30
Days to Return
Up to 3× deposit
Penalty
$20,000
Small Claims Limit
Texas Security Deposit Statute — Quick Reference
Statute
Return Deadline
30 days after tenancy ends — Must send to last known address
Penalty
If your landlord acts in bad faith, you can recover $100 plus three times the amount wrongfully withheld, plus attorney's fees
Small Claims Limit
$20,000
Filing Fee
$35–$100
The 30-Day Return Deadline in Detail
Under Tex. Prop. Code § 92.103, a Austin landlord has 30 calendar days after the tenancy ends to return your security deposit. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with copies of receipts, invoices, or estimates supporting each charge.
Important: Must send to last known address. The clock starts when the tenancy legally terminates — typically your move-out date or lease end date, whichever is later. To protect your rights, provide your forwarding address in writing on or before your move-out date.
Penalty for Violation
Texas Statutory Penalty
If your landlord acts in bad faith, you can recover $100 plus three times the amount wrongfully withheld, plus attorney's fees
Cite: Tex. Prop. Code § 92.103 · Tex. Prop. Code § 92.109
3x the deposit wrongfully withheld plus $100. To recover these penalties, file in small claims court in Austin's jurisdiction. You may also send a formal demand letter first — many landlords return deposits once they receive a written legal demand citing the applicable statute.
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Small Claims Court — Texas
How to find your court
File at the Justice of the Peace Court in the precinct where the property is located.
Texas court finder →Austin Security Deposit FAQ
How long does an Austin landlord have to return my security deposit?
30 days after you surrender possession of the property and provide your forwarding address, under Tex. Prop. Code § 92.103. 'Surrender' means you have vacated with no intent to return — typically the lease end date or earlier mutual agreement. The landlord must mail the deposit or a written description of deductions to your forwarding address within 30 days.
What is the penalty if my Austin landlord wrongfully keeps my deposit?
Under Tex. Prop. Code § 92.109, a bad faith landlord faces 3x the amount wrongfully withheld, plus $100 in statutory damages, plus the tenant's reasonable attorney fees and court costs. Texas courts have applied these penalties where landlords fabricated damage claims, misapplied charges, or simply failed to respond within the 30-day window.
Is a forwarding address required before the 30-day clock starts in Texas?
Yes. Under Tex. Prop. Code § 92.107, the landlord's obligation to return the deposit does not arise until you have both vacated the property and provided a written forwarding address. You should provide this address in writing (email or certified letter) on or before your move-out date to ensure the 30-day period begins immediately.
What can an Austin landlord legally deduct from my security deposit?
Texas law permits deductions for unpaid rent, costs to repair physical damage beyond normal wear and tear, and costs related to lease violations. Texas courts have distinguished between 'damage' (chargeable) and 'wear and tear' (not chargeable). Examples: large wall holes, broken fixtures, severe carpet stains — chargeable. Small nail holes, minor scuffs, normal fading — not chargeable.
How do I sue my Austin landlord in small claims court for my deposit?
File at the Travis County Justice of the Peace Court in the precinct where the property is located. Texas Justice Court has a $20,000 small claims limit — among the highest in the country. Filing fees are approximately $35–$100. If you prevail, the court can award 3x the wrongfully withheld amount plus $100 and attorney fees.
Related Resources
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This page is a general legal reference for informational purposes only and does not constitute legal advice. Security deposit laws may change; always verify the current statute before taking action. Full disclaimer →