What are the security deposit rules in Texas?
Texas places no cap on how much a landlord can charge as a security deposit, but the return rules have real teeth: the deposit (less lawful, itemized deductions — never normal wear and tear) is due within 30 days of surrender, once the tenant has provided a written forwarding address.
Cited to Tex. Prop. Code § 92.103 and 4 more Texas statutes · Verified July 7, 2026
A landlord who misses the 30-day mark is presumed to be acting in bad faith, and bad-faith withholding costs $100 plus three times the amount wrongfully withheld plus the tenant's attorney's fees. The tenant may not apply the deposit to the last month's rent.
Texas security deposits at a glance
| Maximum deposit | No statutory cap |
|---|---|
| Return deadline | 30 days |
| Deadline conditions | The clock starts when the tenant surrenders the premises, but the refund is not owed until the tenant gives the landlord a written forwarding address. Delay in giving that address does not forfeit the deposit; it simply means the clock has not started. The refund is due on or before the 30th day after surrender (Prop. Code § 92.103), and the forwarding-address condition is § 92.107. A lease condition requiring advance notice of surrender is enforceable only if underlined or in conspicuous bold in the lease. |
| Itemization required | Yes |
| Itemization rules | Written description and itemized list of all deductions required when any portion is retained (§ 92.104(c)), unless the tenant owes rent and there is no controversy over the amount. No deduction for normal wear and tear. |
| Separate account required | No |
| Interest owed to tenant | No |
| Account & interest rules | Not addressed by statute |
| Pet deposits | No statutory cap or separate category; refundable pet deposits are treated as part of the security deposit subject to the same return and itemization rules. |
| Non-refundable fees allowed | Not addressed by statute |
| Penalty for violation | A landlord who withholds a deposit in bad faith owes $100 plus three times the portion wrongfully withheld plus reasonable attorney's fees. Bad faith is presumed if the landlord neither refunds nor itemizes within 30 days. The damages are set by Prop. Code § 92.109(a) and the presumption by § 92.109(d); the landlord bears the burden of proving the retention was reasonable. A bad-faith failure to itemize separately forfeits the right to withhold anything or to sue for damages. |
| Tenant forwarding-address duty | Tenant must give a written forwarding address before the refund obligation arises (§ 92.107); right to the refund is not forfeited by delay. |
Cite this page: "Landlord Atlas, Texas Security Deposit Laws (verified July 7, 2026), landlordatlas.com/laws/security-deposits/texas/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Texas statute in the citations section below.
Generate a Texas security-deposit return letter — free, no signup, built on the same verified Texas rules as this page.
Notes and caveats
- No cap at all — the blank field is the finding — The maximum-deposit answer is empty because no Texas statute caps a residential security deposit. The blank records an absence of law, not a missing number.
- The deposit is not the last month's rent — § 92.108 prohibits the tenant from withholding the last month's rent against the deposit.
Common questions: Texas security deposits
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- How much can a landlord charge for a security deposit in Texas?
- No statutory cap.
- How long does a landlord have to return a security deposit in Texas?
- 30 days. The clock starts when the tenant surrenders the premises, but the refund is not owed until the tenant gives the landlord a written forwarding address. Delay in giving that address does not forfeit the deposit; it simply means the clock has not started.
- What happens if a landlord does not return the deposit on time in Texas?
- A landlord who withholds a deposit in bad faith owes $100 plus three times the portion wrongfully withheld plus reasonable attorney's fees. Bad faith is presumed if the landlord neither refunds nor itemizes within 30 days.
- Do landlords have to pay interest on security deposits in Texas?
- No — Texas does not require interest on the security deposit to be paid to the tenant.
- Can a landlord charge a non-refundable fee in Texas?
- Not addressed by statute.
Statute citations
- Tex. Prop. Code § 92.103 (verified 2026) Official source
- Tex. Prop. Code § 92.104 (verified 2026) Official source
- Tex. Prop. Code § 92.107 (verified 2026) Official source
- Tex. Prop. Code § 92.109 (a), (b), (d) (verified 2026) Official source
- Texas State Law Library, Security Deposits guide (verified 2026) Official source
How this record was verified: Web verification against the Texas State Law Library landlord-tenant guides (guides.sll.texas.gov, official state source summarizing Prop. Code ch. 92) and full statute text of Prop. Code §§ 92.019, 92.103, 92.104, 92.107, 92.109 via legal databases; statutes.capitol.texas.gov URLs cited for the official text.