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:
- A landlord who in bad faith retains a deposit is liable for $100, plus three times the portion wrongfully withheld, plus your reasonable attorney's fees.
- A landlord who in bad faith fails to itemize forfeits the right to withhold any portion of the deposit or to sue you for damage to the premises, and owes attorney's fees.
- A landlord who fails to return the deposit or send the itemization within 30 days after surrender is presumed to have acted in bad faith.
- In your lawsuit, the landlord carries the burden of proving that keeping any part of the deposit was reasonable.
Steps to recover a Texas deposit
- Photograph the unit at move-in and move-out, and keep the move-in inventory.
- Send your forwarding address in writing (email plus a mailed letter is safest).
- Mark day 30 after surrender. Our calculator does the math.
- If nothing arrives, or charges look improper, send a demand letter citing §§ 92.103, 92.104 and 92.109.
- 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
- Texas Property Code ch. 92, subch. C (Texas Legislature Online)
- Texas State Law Library — Security deposit refunds
- 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.