Sample Fictional case · names and addresses blurred
October 29, 2026
Priya [redacted]
[redacted]
Austin, TX 78745
[redacted] Residential LLC
[redacted]
Austin, TX 78731
Re: Demand for return of security deposit — [redacted], Austin, TX 78745
Dear [redacted] Residential LLC:
I demand return of the remaining $1,350.00 of my security deposit.
I rented the property identified above under a lease running from June 1, 2025, through May 31, 2026, and paid a $1,500.00 security deposit. I moved out, surrendered possession, and provided my written forwarding address on May 31, 20261. I retained a photo of the signed office move-out form containing that address. I received a $150.00 refund and your itemized statement on July 21, 2026.
Under Tex. Prop. Code § 92.103 and Tex. Prop. Code § 92.104, you had 30 days from May 31, 2026—until June 30, 20261—to return the security deposit and send the itemized list of deductions. You failed to do either by that deadline. Both were completed on July 21, 2026, 21 days late. These missed deadlines are independent of whether any particular deduction was justified.
I also dispute all three deductions, which total $1,350.00:
- Cleaning — $300.00. I paid for professional cleaning before move-out and have the $180.00 receipt, as well as photos of the unit's condition. I dispute the entire cleaning charge.
- Carpet replacement — $650.00. I dispute this charge because the carpet showed only ordinary wear and tear. The leasing agent told me the carpet was about seven years old when I moved in. I rely on its age as further support for my dispute of the replacement charge.
- Repainting — $400.00. I dispute this charge because the walls had only ordinary scuffs after one year, with no damage.
Under Tex. Prop. Code § 92.109(c), you have the burden of proving1 that keeping each disputed amount was reasonable.
Under Tex. Prop. Code § 92.109(a), (d), the missed 30-day deadlines create a rebuttable presumption of bad faith1. If a judge finds that you wrongfully withheld the full $1,350.00 in bad faith, I may recover a total statutory damages award of $4,150.00, calculated as three times $1,350.00 plus $100.00, together with reasonable attorney's fees. This recovery depends on a finding of bad faith; it is not automatic.2 The $4,150.00 is potential recovery, not my immediate settlement request.
My immediate settlement request is $1,350.00, payable by November 12, 20261. To resolve this matter without litigation, I am willing to accept that amount, which is lower than the potential $4,150.00 statutory recovery described above.
I would prefer to resolve this matter without litigation.
If I do not receive payment by November 12, 2026, I will file a complaint in small claims court without further notice.
Please mail payment by check or money order to my address above.
Sincerely,
____________________________
Priya [redacted]