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.
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 | Refund due on or before the 30th day after the tenant surrenders the premises (Prop. Code § 92.103), but the obligation does not arise until the tenant provides a written forwarding address (§ 92.107) — the tenant does not forfeit the deposit by delay, the clock simply hasn't started. An advance-notice-of-surrender condition 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 | Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees (§ 92.109(a)). Bad-faith failure to itemize forfeits the right to withhold anything or sue for damages. Bad faith is PRESUMED if the landlord fails to refund or itemize within 30 days (§ 92.109(d)); landlord bears the burden of proving retention reasonable. |
| 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. |
Notes and caveats
Statute citations
- Tex. Prop. Code § 92.103 Official source
- Tex. Prop. Code § 92.104 Official source
- Tex. Prop. Code § 92.107 Official source
- Tex. Prop. Code § 92.109 (a), (b), (d) Official source
- Texas State Law Library, Security Deposits guide 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.