If the landlord has failed to either provide you with the
security deposit or an itemized list of deductions within
thirty days from moving out, the law may allow you to
collect $100, three times the amount of the security
deposit wrongly withheld, court costs, and attorney's fees
if you choose to have an attorney represent you. If the
landlord improperly made deductions from the deposit you
also have the opportunity to obtain the same damages and
penalties. Tex.
Property Code 92.109.
Exception: Please note that if you left the property owing
rent and you do not dispute this, the landlord is not
required to give you an itemized list of deductions. Also,
if the landlord has a good reason for the delay (such as
being hospitalized or having the wrong address), you
probably will not be able to recover extra penalties for
the delay in refunding your security deposit.
If the landlord acted in bad faith, then the landlord by
law cannot make any deductions to the deposit whether or
not you damaged the premises. Tex. Property Code
92.109(b).
Filing suit for your deposit is easily accomplished in the
justice court (also known as the Justice of the Peace or JP
court). We have provided a form lawsuit petition to make it that much
easier. Do not be afraid to file suit. The people of
Texas pay for the creation of smaller courts to decide
issues just like this. It is not wrong or improper to
seek the help of an independent person to help decide
who is right in a dispute. Landlords file suits
against tenants all the time; it is time tenants use
the courts as well.