What are the security deposit rules in Texas?

Verified October 1, 2026 All Texas topics →

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.

Notes and caveats

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

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).