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 8 more cited sources · Verified October 1, 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 landlord is not obligated to return the deposit, or to give the written description of damages and charges, until the tenant gives the landlord a written statement of the tenant's forwarding address. Delay in giving that address does not forfeit the tenant's right to the refund or to the description. 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 requirement that the tenant give advance notice of surrender as a condition of the refund is effective only if it is underlined or printed in conspicuous bold print in the lease (§ 92.103(b)). |
| 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 statute addresses a pet deposit, and no general deposit cap exists for one to count against. The pet-deposit rule, pet rent and fees, and the assistance-animal rules are on the pets and assistance animals page. |
| Non-refundable fees allowed | Yes |
| Penalty for violation | A landlord who in bad faith retains a deposit owes $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney's fees. Bad faith is presumed if the landlord fails either to return the deposit or to provide a written description and itemization of deductions on or before the 30th day after the tenant surrenders possession. The damages are set by Prop. Code § 92.109(a) and the presumption by § 92.109(d); in a tenant's suit the landlord bears the burden of proving that keeping any part of the deposit was reasonable (§ 92.109(c)). A landlord who in bad faith does not provide the written description and itemized list forfeits the right to withhold any portion of the deposit or to sue the tenant for damages to the premises, and is liable for the tenant's reasonable attorney's fees (§ 92.109(b)). |
| 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 October 1, 2026), landlordatlas.com/laws/security-deposits/texas/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
Generate a Texas security-deposit return letter — free, no signup, built on the same verified Texas law as this page.
Editable Texas deposit kit — the deposit disposition letter, the move-in receipt with the custody and interest statements, a deposits-held register with the return deadline computed, and the rules fact sheet built on the verified Texas rules on this page, in Word, fillable PDF and Excel.
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.
- A fee instead of a deposit, and what the agreement must say — Where a lease requires a security deposit, the landlord may offer a recurring fee in lieu of one. The landlord must also offer the deposit, and may not treat the applicant's choice between them as a reason to approve or deny occupancy. The offer comes with a written notice of three things: that the tenant may pay a deposit instead, that the tenant may end the fee arrangement at any time and switch to a deposit in the amount then offered to new tenants for substantially similar housing, and the charges for each option. The agreement must be in writing and signed by both sides. Where the landlord uses the fee to buy insurance, the agreement must clearly state four terms: that the fee is paid only to secure occupancy without a security deposit; that, unless otherwise specified, the fee is not refundable; that, unless otherwise specified, paying it does not release the tenant from the lease, including paying rent and damages other than normal wear and tear; and that, unless otherwise specified, it does not pay for insurance covering the tenant. A fee collected this way counts as a security deposit under chapter 92 unless a signed agreement exists and the fee is used to buy insurance covering damages and unpaid rent. The landlord may never charge the tenant for normal wear and tear (Tex. Prop. Code § 92.111).
- No deposit taken: the landlord must send a claim notice — Where the lease required no security deposit and the tenant owes damages and charges on moving out, the landlord must notify the tenant of the claim in writing on or before the day the landlord reports it to a consumer reporting agency or a third-party debt collector. A landlord who does not send that notice forfeits the right to collect the damages and charges, and that forfeiture is the only consequence of the failure. The notice is not required if the tenant never gave the landlord a forwarding address (Tex. Prop. Code § 92.110).
- What Texas allows to be nonrefundable — Texas has no general rule against nonrefundable charges in a residential lease, and two statutes name one. A rental application fee is nonrefundable by statutory definition, being money given to the landlord to offset the costs of screening the applicant. A fee paid in lieu of a security deposit is itself a security deposit unless a signed agreement exists and the landlord uses the fee to buy insurance covering damages and unpaid rent; where the landlord buys that insurance, the agreement must state that the fee, unless otherwise specified, is not refundable. The limit on any other charge is what the money is for, not what the lease calls it: any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under the lease is a security deposit, and the deposit rules on this page then apply to it in full (Tex. Prop. Code §§ 92.102, 92.111(f)–(h), 92.351(1-a)).
- Deposit notices may go by e-mail — Since September 1, 2025, a notice or other communication under the security-deposit subchapter may be sent by e-mail if the tenant and the landlord or the landlord's agent have previously communicated by e-mail, and the landlord or the agent may designate a specific e-mail address for the tenant to use. A managing agent, leasing agent or resident manager is the landlord's agent for those notices (Tex. Prop. Code §§ 92.112, 92.113).
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 landlord is not obligated to return the deposit, or to give the written description of damages and charges, until the tenant gives the landlord a written statement of the tenant's forwarding address. Delay in giving that address does not forfeit the tenant's right to the refund or to the description.
- What happens if a landlord does not return the deposit on time in Texas?
- A landlord who in bad faith retains a deposit owes $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney's fees. Bad faith is presumed if the landlord fails either to return the deposit or to provide a written description and itemization of deductions on or before the 30th day after the tenant surrenders possession.
- 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?
- Yes — non-refundable fees are allowed in Texas.
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)–(d) (verified 2026) Official source
- Texas State Law Library, Security Deposits guide (verified 2026) Official source
- Tex. Prop. Code § 92.110 · (a)–(c) (verified 2026) Official source
- Tex. Prop. Code § 92.111 · (a)–(k) (verified 2026) Official source
- Tex. Prop. Code § 92.351 (definitions; application fee) · (1-a) (verified 2026) Official source
- Tex. Prop. Code §§ 92.112, 92.113 (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. September 5, 2026 addendum: statutes.capitol.texas.gov stopped serving section text (it returns an application shell), so every statute citation on this record was re-pointed to the Texas Legislative Council's host at tcss.legis.texas.gov, and the eviction figures were re-read there the same day; the earlier reads stand as recorded. October 1, 2026: every section the security deposit, rent increase, late fee and entry answers rest on was read again on the Texas Legislative Council's host, tcss.legis.texas.gov, current through the 89th Legislature's 2nd Called Session (no session has met in 2026): Property Code section 91.001, chapter 92 (including sections 92.0081, 92.019, 92.0191, 92.101 to 92.113 and 92.351), sections 94.003, 94.004 and 94.055, and Local Government Code section 214.902. Rule 510 of the Texas Rules of Civil Procedure was read in the rules as the Supreme Court of Texas publishes them (last amended July 1, 2026).