SECURITY DEPOSIT DEMAND LETTER
STATE OF TEXAS
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[DATE]
[LANDLORD/PROPERTY MANAGER NAME]
[LANDLORD/PROPERTY MANAGER ADDRESS]
[CITY, STATE ZIP]
Re: DEMAND FOR RETURN OF SECURITY DEPOSIT
Former Tenant: [TENANT FULL NAME]
Rental Property Address: [RENTAL ADDRESS]
Lease Start Date: [DATE]
Move-Out Date: [DATE]
Security Deposit Amount: $[AMOUNT]
Dear [LANDLORD/PROPERTY MANAGER NAME]:
This law firm represents [TENANT FULL NAME] ("Tenant" or "Client") regarding your failure to return the security deposit for the above-referenced rental property in accordance with Texas law. This letter constitutes formal demand for the immediate return of our Client's security deposit, plus all applicable damages and attorney's fees.
I. TEXAS LEGAL FRAMEWORK
A. Governing Law
Security deposits in Texas are governed by Texas Property Code Chapter 92, Subchapter C (Sections 92.101-92.110).
B. Security Deposit Limits
Texas law does not impose a statutory limit on security deposit amounts.
C. Return Deadline
Pursuant to Tex. Prop. Code Section 92.103, a landlord must return the security deposit within thirty (30) days after:
1. The tenant surrenders the premises; AND
2. The landlord receives the tenant's written forwarding address
The deposit must be returned with a written description and itemized list of any deductions.
D. Presumption of Bad Faith
Under Tex. Prop. Code Section 92.109(d), a landlord's failure to return the deposit or provide an itemized statement within 30 days creates a presumption of bad faith.
E. Permissible Deductions
Under Tex. Prop. Code Section 92.104, a landlord may retain from the security deposit only amounts for:
- Damages and charges for which the tenant is legally liable under the lease
- Damages resulting from breach of lease
- Normal cleaning and repairs necessary to restore premises to move-in condition (beyond normal wear and tear)
F. Prohibited Deductions
The landlord may NOT deduct for:
- Normal wear and tear
- Conditions existing prior to tenant's occupancy
- Conditions caused by landlord's failure to maintain
II. FACTUAL BACKGROUND
A. Tenancy Information
| Item | Details |
|---|---|
| Tenant Name(s) | [FULL NAME(S) OF ALL TENANTS] |
| Property Address | [COMPLETE ADDRESS] |
| Lease Commencement | [DATE] |
| Lease Expiration/Move-Out | [DATE] |
| Monthly Rent | $[AMOUNT] |
| Security Deposit Paid | $[AMOUNT] |
| Date Deposit Paid | [DATE] |
| Pet Deposit (if applicable) | $[AMOUNT] |
| Total Deposits Paid | $[TOTAL] |
B. Move-Out Circumstances
Notice Provided:
- Date Notice Given: [DATE]
- Notice Period: [NUMBER] days
- Method of Delivery: [ ] Hand-delivered [ ] Certified mail [ ] Email
Move-Out Details:
- Date Keys Returned: [DATE]
- Forwarding Address Provided: [ ] Yes [ ] No
- Date Forwarding Address Provided: [DATE]
- Move-Out Inspection: [ ] Requested [ ] Conducted [ ] Refused by Landlord [ ] Not offered
C. Condition of Premises at Move-Out
Our Client left the premises in the following condition:
[ ] Clean and in good repair - The premises were left in substantially the same condition as when our Client took possession, reasonable wear and tear excepted.
[ ] Professionally cleaned - Our Client hired [CLEANING COMPANY NAME] to professionally clean the premises on [DATE].
[ ] All personal property removed - All of our Client's personal belongings were removed from the premises.
[ ] No damage beyond normal wear and tear - Any changes to the premises were the result of normal, expected use during the tenancy.
[ ] Move-in/Move-out photos - Our Client has photographic documentation of the condition of the premises at both move-in and move-out.
III. LANDLORD'S VIOLATIONS
You have violated Texas law in the following ways:
[ ] Failure to Return Deposit: You have failed to return any portion of the security deposit within the statutory 30-day period required under Tex. Prop. Code Section 92.103.
[ ] Failure to Provide Itemization: You have failed to provide a written, itemized list of deductions within the statutory period.
[ ] Presumed Bad Faith: Your failure to comply within 30 days creates a presumption of bad faith under Tex. Prop. Code Section 92.109(d).
[ ] Improper Deductions: You have made deductions that are not permitted by law, including:
- [ ] Deductions for normal wear and tear
- [ ] Deductions for pre-existing conditions
- [ ] Deductions exceeding actual cost of repairs
- [ ] Other improper deductions: [SPECIFY]
[ ] Bad Faith Retention: You have acted in bad faith by: [DESCRIBE EVIDENCE OF BAD FAITH]
IV. NORMAL WEAR AND TEAR
Texas law distinguishes between "damage" for which a tenant may be charged and "normal wear and tear" for which a tenant may not be charged. Normal wear and tear includes deterioration that results from the intended use of the premises and ordinary operation of natural forces over time.
The following items, if deducted, constitute normal wear and tear and are NOT permissible deductions:
[ ] Minor scuff marks on walls from furniture
[ ] Small nail holes from hanging pictures
[ ] Worn carpet in traffic areas
[ ] Faded paint or wallpaper
[ ] Minor scratches on hardwood floors
[ ] Worn finish on bathroom fixtures
[ ] Slightly dirty mini-blinds
[ ] Dust or minor dirt requiring standard turnover cleaning
[ ] Worn door handles or locks
[ ] Other: [SPECIFY]
V. DAMAGES AND REMEDIES
A. Return of Security Deposit
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Pet Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Total Deposits Due | $[AMOUNT] |
B. Statutory Remedies
Under Tex. Prop. Code Section 92.109, if a landlord acts in bad faith:
- The tenant may recover $100
- The tenant may recover three times the wrongfully withheld portion
- The tenant may recover reasonable attorney's fees
C. Total Demand
| Item | Amount |
|---|---|
| Security Deposit | $[AMOUNT] |
| Other Deposits | $[AMOUNT] |
| Statutory $100 | $100 |
| Treble Damages (3x wrongful withholding) | $[AMOUNT] |
| Attorney's Fees to Date | $[AMOUNT] |
| TOTAL DEMAND | $[AMOUNT] |
VI. EVIDENCE IN OUR POSSESSION
Our Client has preserved the following evidence to support this claim:
[ ] Original lease agreement
[ ] Receipt or cancelled check for security deposit payment
[ ] Move-in inspection report/checklist
[ ] Move-out inspection report/checklist (if conducted)
[ ] Photographs of premises at move-in (dated)
[ ] Photographs of premises at move-out (dated)
[ ] Video walkthrough at move-out
[ ] Copy of written notice to vacate
[ ] Proof of delivery of notice and forwarding address
[ ] Receipts for professional cleaning
[ ] Correspondence with landlord regarding deposit
[ ] Landlord's itemized statement (if provided)
[ ] Witness statements regarding condition of premises
[ ] Utility final bills showing service through move-out date
[ ] Other: [SPECIFY]
VII. DEMAND
We hereby demand that you take the following actions within fourteen (14) days of the date of this letter:
-
Return of Deposit: Pay to our Client the full amount of the security deposit: $[AMOUNT]
-
Total Payment: The total amount due is $[TOTAL AMOUNT]
Payment should be made by certified check or money order, payable to [TENANT NAME], and sent to:
[LAW FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
Reference: [TENANT NAME] Security Deposit
VIII. CONSEQUENCES OF NON-COMPLIANCE
If you fail to comply with this demand within the time specified, we are authorized and prepared to:
-
File Suit: Commence legal action in Texas Justice Court (for claims up to $20,000) or County/District Court for return of the deposit, treble damages, statutory $100 penalty, attorney's fees, and costs.
-
Seek Treble Damages: Request three times the wrongfully withheld amount pursuant to Tex. Prop. Code Section 92.109.
-
Seek Attorney's Fees: Request the court award reasonable attorney's fees and costs.
-
Report Violations: Report your conduct to:
- Texas Attorney General - Consumer Protection Division
- Local Housing Authority
- Better Business Bureau -
Judgment Enforcement: Upon obtaining judgment, pursue all legal means of collection, including garnishment, levy, and lien on property.
IX. RESPONSE REQUESTED
Please respond to this demand in writing within fourteen (14) days. Your response should include:
- Your position on the amount owed to our Client
- Any documentation supporting claimed deductions
- Payment or a good-faith settlement offer
If we do not receive a satisfactory response, we will file suit without further notice.
X. RESERVATION OF RIGHTS
This letter is written without prejudice to any and all rights and remedies available to our Client under applicable law, all of which are expressly reserved. Our Client does not waive any claims, defenses, or rights by sending this letter or by any subsequent negotiations.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
[TEXAS BAR NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [TENANT FULL NAME]
ENCLOSURES:
[ ] Copy of lease agreement
[ ] Copy of security deposit receipt
[ ] Move-in/move-out photographs
[ ] Copy of notice to vacate
[ ] Copy of forwarding address notification
[ ] Copy of landlord's itemization (if any)
[ ] Cleaning receipts
[ ] Authorization to represent
cc: [TENANT NAME]
[PROPERTY MANAGEMENT COMPANY, if applicable]
[PROPERTY OWNER, if different from addressee]
[CLIENT FILE]
TEXAS SECURITY DEPOSIT QUICK REFERENCE
| Element | Texas Requirement |
|---|---|
| Governing Statute | Tex. Prop. Code Sections 92.101-92.110 |
| Deposit Limit | No statutory limit |
| Return Deadline | 30 days |
| Itemization Required | Yes |
| Receipts Required | No |
| Interest Required | No |
| Separate Account Required | No |
| Penalty for Violation | $100 + 3x wrongfully withheld (bad faith) |
| Attorney's Fees | Yes - Tex. Prop. Code Section 92.109 |
| Small Claims Limit | $20,000 |
TEXAS-SPECIFIC PRACTICE NOTES
[ ] Presumption of Bad Faith: Failure to return deposit or provide statement within 30 days creates rebuttable presumption of bad faith.
[ ] Forwarding Address Critical: The 30-day period begins when landlord receives tenant's written forwarding address. Document when and how this was provided.
[ ] Strong Penalties: Texas provides $100 statutory penalty plus treble damages for bad faith - one of the stronger tenant protection provisions.
[ ] No Deposit Limit: Texas has no statutory cap on security deposits.
[ ] Justice Court: For claims up to $20,000, file in Texas Justice Court. This is a very cost-effective venue for deposit disputes.
[ ] Written Itemization: Landlord must provide written description and itemized list of all deductions.
[ ] Lease Terms: Texas allows lease provisions requiring tenant to provide notice of intent to vacate. Failure to give notice may affect refund amount.
[ ] Move-Out Inspection: Texas does not require landlords to conduct move-out inspections, but they are advisable.
This template is for informational purposes only and does not constitute legal advice. Security deposit laws may vary by locality. Consult a licensed Texas attorney before use.