Security Deposit Lawyers in Austin, Texas
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.
Security Deposit Law in Texas
Texas has its own distinct legal landscape that affects personal injury cases. The state follows a modified comparative fault rule — you can recover damages as long as you are not more than 50% responsible for the incident. Texas also has specific caps on certain types of damages in medical malpractice cases, and a two-year statute of limitations for most personal injury claims.
Key Texas Statutes
- Two-year statute of limitations for personal injury (Texas Civil Practice and Remedies Code, Chapter 16)
- Modified comparative fault — recovery barred if you are 51% or more at fault (Chapter 33)
- Medical malpractice non-economic damage caps of $250,000 per provider, $500,000 for hospitals (Chapter 74)
- Texas is a "fault" state for car accidents — you can file against the at-fault driver
- Employers may opt out of workers' compensation — Texas is the only state that allows this
Common Security Deposit Situations in Austin
- 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
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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