Austin Security
Deposit Help.
Texas law protects Austin renters — but the process depends on which county your rental is in. This guide explains your rights, helps you find your county, and shows you how to move forward.
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At a Glance
What Austin renters need to know
30-Day Deadline
Your landlord generally must return your deposit — or send an itemized written statement of deductions — within 30 days of move-out.
Itemized Deductions
If any amount is withheld, the landlord must provide a written, itemized list of every deduction. A vague 'cleaning fee' is not sufficient.
Normal Wear & Tear
Landlords cannot charge for normal wear and tear — faded paint, minor scuffs, or carpet worn from regular use.
Bad-Faith Penalty
If a court finds bad faith, you may be able to recover $100, three times the wrongfully withheld amount, and attorney's fees.
Confirm Your County
Austin spans multiple counties. Before relying on any filing instructions, confirm whether your rental is in Travis, Williamson, or Hays County.
This page provides legal information and self-help guidance, not legal advice. Every situation is different.
First, Find Your County
Austin spans more than one county.
Texas law is the same everywhere — but where you file depends on which county your rental property is in. The county determines your Justice of the Peace Court, the filing process, and the fees.
How to confirm your county
Check your lease — the county is often listed in the property address or jurisdiction clause. You can also search your rental address in the Travis County Appraisal District (TCAD) property search, or look up the address in your county's appraisal district website.
Travis County
Guide AvailableIncludes: Most of Austin, central/east Austin
The majority of Austin rental properties fall within Travis County. If your rental address is in central, east, or south Austin, this is likely your county.
Williamson County
Guide Coming SoonIncludes: Round Rock, Cedar Park, Georgetown, north Austin
Parts of north Austin and many suburbs — including Round Rock, Cedar Park, and Georgetown — fall in Williamson County. If your rental is in these areas, you would file in Williamson County JP Court.
Hays County
Guide Coming SoonIncludes: Kyle, Buda, Wimberley, southwest Austin
Some areas in southwest Austin and communities like Kyle, Buda, and Wimberley fall within Hays County. Renters in these areas would file in Hays County JP Court.
Not sure which county your rental is in? Start the free audit — we'll help you figure it out.
Texas Property Code § 92
Texas security deposit law — what Austin renters need to know
Austin does not have its own security deposit law. Your rights come from the Texas Property Code, which applies uniformly across every Texas county — including Travis, Williamson, and Hays.
The 30-Day Deadline
§ 92.103Your landlord generally must return your security deposit — or send an itemized written statement of deductions — within 30 days after you surrender the premises. Missing this deadline creates a presumption of bad faith under Texas law.
Itemized Deductions Required
§ 92.104If your landlord keeps any portion of your deposit, they must provide a written description and itemized list of each deduction. A single line like "cleaning: $300" without specifics may not satisfy this requirement. Failing to itemize by day 30 also creates a presumption of bad faith.
Normal Wear and Tear Is Not Chargeable
§ 92.104Landlords may not deduct for normal wear and tear — the gradual deterioration that results from ordinary use. Faded paint, minor scuffs on walls, worn carpet from regular foot traffic, and small nail holes from hanging pictures are typically considered normal wear and tear.
Forwarding Address — Preserve Your Proof
§ 92.107Texas law addresses forwarding addresses in the context of when the 30-day clock starts. It is important to preserve written proof that you provided your forwarding address to your landlord — for example, a text message, email, or written notice.
Important: Failing to provide a forwarding address does not automatically eliminate your claim, but it can complicate your case. Keep documentation of how and when you provided your address.
Bad-Faith Penalty: Up to 3× + $100
§ 92.109If a court finds that your landlord acted in bad faith in withholding your deposit, you may be entitled to recover $100, three times the amount wrongfully withheld, and reasonable attorney's fees. This penalty is not automatic — it requires a court finding of bad faith.
Important: Failing to return the deposit or itemize by day 30 creates a presumption of bad faith that your landlord would need to rebut.
Not sure how these rules apply to your situation?
Run the free audit to see how these rules apply to your case.
Common Austin Renter Problems
Do any of these sound familiar?
These are the most common deposit disputes Austin renters face. If your situation matches one of these, Texas law may give you tools to push back.
Charged for carpet cleaning
Landlords routinely charge for professional carpet cleaning at move-out. Whether this is legitimate depends on the condition of the carpet and whether it goes beyond normal wear and tear.
Charged for paint or nail holes
Minor scuffs, small nail holes from hanging pictures, and paint that has faded or yellowed from age are typically considered normal wear and tear — not damage you should pay for.
Deposit not returned after move-out
If your landlord has not returned your deposit or sent an itemized statement within 30 days of move-out, that missed deadline creates a presumption of bad faith under Texas law.
No itemized deductions provided
If your landlord kept part of your deposit but never sent a written, itemized list of deductions, they may have failed to meet the requirements of Texas Property Code § 92.104.
Charged for pre-existing damage
If your landlord is charging you for damage that existed before you moved in, a move-in inspection report, photos, or written communications can be critical evidence.
Excessive 'professional cleaning' requirements
Some leases include clauses requiring professional cleaning regardless of condition. Whether these clauses are enforceable under Texas law is a fact-specific question — and the amount charged still needs to be reasonable.
See if these charges may violate Texas law.
How to Move Forward
How Austin renters usually move forward
A practical path from "my landlord kept my deposit" to knowing what your options are.
Check the deadline
Determine whether your landlord returned your deposit or sent an itemized statement within 30 days of move-out. A missed deadline is often the strongest starting point.
Review the deductions
Look at what was charged. Are the deductions itemized? Do any charges look like normal wear and tear? Were you charged for pre-existing damage?
Gather your documentation
Collect your lease, move-in and move-out photos, inspection reports, forwarding-address proof, and any written communications with your landlord.
Confirm your county
Identify which county your rental property is in — Travis, Williamson, or Hays. This determines which Justice of the Peace Court handles your case.
Run the Free Audit
Use the DepositRights free audit to understand your position, estimate your potential recovery, and get a clear picture of your next step.
Follow the county process guide
Once you know your county, use the county-specific guide to understand the JP Court filing process, costs, and forms for your case.
City vs. County
Austin is where you live. The county is where you file.
This is the most important distinction for Austin renters. Your rights come from Texas law — but the court, the process, and the forms all depend on your county.
Texas
Legal truth
Texas Property Code governs your rights. The 30-day rule, itemized deductions, wear and tear, and bad-faith penalties all come from state law.
County
Process truth
Which JP Court you file in, how much it costs, which forms to use, and how service works — all of this is determined by the county where your rental property is located.
Austin
Search intent
Austin is where you searched. But Austin itself is not a legal venue. There is no Austin-specific security deposit law — only Texas law, applied through county courts.
FAQ
Frequently Asked Questions
Answers to the most common questions from Austin renters about security deposit disputes.
Next Steps
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Start Free AuditTravis County
Most Austin renters file here. Full process guide, JP court info, filing costs, and forms.
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All Texas counties, cities, and dispute guides in one place. Start here if you're not sure where to go.
DepositRights provides legal information and organizational tools for self-representation. We are not a law firm, and the information provided does not constitute legal advice.