Security Deposit Lawyers
State law sets a deadline for returning security deposits, minus legitimate deductions for damage beyond normal wear and tear — in Texas, for example, 30 days from move-out. When landlords wrongfully withhold deposits or make excessive deductions, tenants can take legal action to recover their money — plus penalties. An attorney can help you understand your rights and pursue recovery.
Common Situations
- Failure to return deposit within 30 days
- Excessive or unjustified deductions
- Failure to provide an itemized list of deductions
- Disputes over normal wear and tear vs. damage
- Deposit disputes after lease termination
- Bad faith withholding of deposits
What to Expect
- 1Review of your lease, move-in/move-out documentation, and any deduction statements
- 2Demand letter to the landlord requesting return of the deposit
- 3Filing in small claims or justice court if needed
- 4Pursuit of statutory penalties (up to 3x the deposit) for bad faith withholding
Frequently Asked Questions
How long does a landlord have to return my deposit?
The deadline is set by your state. In Texas, for example, a landlord must return the deposit — or provide a written itemized list of deductions — within 30 days after you move out and give a forwarding address. Failure to do so can result in liability for the full deposit plus penalties.
What counts as "normal wear and tear"?
Normal wear and tear includes minor scuffs on walls, slight carpet wear, fading paint, and small nail holes from hanging pictures. Damage beyond normal wear — like large holes in walls, stained or burned carpet, or broken fixtures — can be deducted from your deposit.
This page is for informational purposes only and does not constitute legal advice. No two situations are the same — consult a qualified attorney for guidance on yours.
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