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Texas Security Deposit Laws (2026)

Texas does not cap how much a landlord can ask for, but Property Code § 92.103 requires the refund within 30 days after you surrender the premises, and § 92.109 makes a bad-faith landlord pay $100 plus three times what was wrongfully withheld.

By Lamuko Editorial Team✓ Checked against official statute textUpdated

Texas deposit rules at a glance

Maximum depositNo statewide cap
Return deadline30 days after the tenant surrenders the premises (§ 92.103)
Itemized listRequired for deductions (§ 92.104); no charge for normal wear and tear
InterestNot required
Penalty for bad faith$100 + 3× the amount wrongfully withheld + attorney fees (§ 92.109)
Bad faith presumedIf neither refund nor itemized list is sent within 30 days

Verified 2026-10-17 against Tex. Prop. Code §§ 92.101–92.110. Calculate your Texas deadline →

Timeline: move-in to refund

  1. Move-inDeposit amount is whatever the lease says; Texas sets no cap. Read any advance-notice-of-surrender clause; it binds you only if it is underlined or in bold.
  2. Before leavingGive the landlord your forwarding address in writing.
  3. SurrenderThe 30-day clock starts the day you surrender the premises.
  4. Day 30Refund and/or written description and itemized list of deductions due.
  5. After day 30Landlord is presumed to have acted in bad faith; you can sue for $100 + 3× the amount wrongfully withheld + attorney fees.

No cap, but strict refund rules

Texas is one of the states with no statutory ceiling on security deposits. Instead, Subchapter C of Chapter 92 of the Property Code (§§ 92.101–92.110) controls what happens at the end of the lease. These duties cannot be waived: § 92.006 says a landlord's duty or a tenant's remedy concerning security deposits may not be waived in the lease.

The 30-day deadline and the forwarding-address rule

Section 92.103 requires the landlord to refund the deposit "on or before the 30th day after the date the tenant surrenders the premises." A lease clause requiring advance notice of surrender as a condition of the refund only works if it is underlined or in conspicuous bold print.

The deadline is subject to § 92.107: a landlord is not obligated to return the deposit or send the itemized list until you give a written statement of your forwarding address. Providing it late does not cost you the deposit, but it can delay the clock, so send it in writing, keep a copy, and do it before or on move-out day.

What can be deducted

Under § 92.104, the landlord may deduct damages and charges for which you are legally liable under the lease or as a result of breaching it, but not for normal wear and tear. Chapter 92 defines normal wear and tear as deterioration from intended use, including breakage or malfunction due to age, but not damage from negligence, carelessness, accident or abuse by you, your household or guests. If anything is kept, the landlord must give you a written description and itemized list of all deductions. You do not owe an itemization if you owe rent and no dispute exists about the amount.

The bad-faith penalty: $100 plus three times

Section 92.109 has real force:

Don't skip rent. Paying your last month with the deposit is a separate risk. Under § 92.108, a tenant may not withhold any part of the last month's rent on the grounds that the deposit covers it. A tenant who does is presumed to have acted in bad faith and can owe the landlord three times the rent withheld plus attorney's fees. Pay rent and claim the deposit separately.

Steps to recover a Texas deposit

  1. Photograph the unit at move-in and move-out, and keep the move-in inventory.
  2. Send your forwarding address in writing (email plus a mailed letter is safest).
  3. Mark day 30 after surrender. Our calculator does the math.
  4. If nothing arrives, or charges look improper, send a demand letter citing §§ 92.103, 92.104 and 92.109.
  5. File in justice court (the Texas small claims court). Justice courts hear civil claims of up to $20,000, not counting interest (Gov't Code § 27.031). The Texas State Law Library guide to security deposit refunds explains the process and forms.

City ordinances

Texas deposit rules are set at the state level, and the major cities do not have separate deposit statutes like Chicago's. Public housing and some subsidized programs carry their own federal rules. Check your lease and any program documents if your rent is subsidized.

Frequently asked questions

Is there a limit on security deposits in Texas?

No. Texas has no statewide cap on the amount of a residential security deposit; the amount is set by the lease.

How long does a Texas landlord have to return a security deposit?

30 days after you surrender the premises (Property Code § 92.103). The landlord does not have to return it until you provide a written forwarding address (§ 92.107).

What happens if a Texas landlord does not return my deposit in 30 days?

The landlord is presumed to have acted in bad faith (§ 92.109(d)). A bad-faith landlord owes $100 plus three times the portion wrongfully withheld, plus your reasonable attorney's fees.

Can a Texas landlord charge for normal wear and tear?

No. Section 92.104 bars deductions for normal wear and tear and requires a written, itemized list of any deductions.

Where do I sue for a deposit in Texas?

Usually in justice court, which hears small claims up to $20,000. You can represent yourself.

Sources

  1. Texas Property Code ch. 92, subch. C (Texas Legislature Online)
  2. Texas State Law Library — Security deposit refunds
  3. Tex. Gov't Code § 27.031 — justice court jurisdiction (Justia, statute text)

Last reviewed Oct 17, 2026. Read how we verify. Found an error? Tell us.

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Not legal advice. Lamuko Rent Laws provides general legal information about state statutes, not legal advice, and using this site does not create an attorney-client relationship. Laws change and courts interpret them; city and county ordinances (for example Chicago, San Francisco or New York City rules) can be stricter than state law, and your lease or a subsidized-housing program may add terms. Fields marked “Verify with statute” have not yet been confirmed by us against the official text. Check the linked statute or talk to a licensed attorney or local legal-aid office before acting.