Texas · Security deposits · Updated Oct 2026
Texas security deposit law
How much a landlord in Texas can charge, the deadline to return a deposit, what may be deducted, the penalty for keeping it wrongly and how to get yours back.
Short answer
In Texas, the deposit limit is: No statewide limit. The landlord must return it as follows: On or before the 30th day after you surrender (move out of) the unit.
- deposit limit
- No statewide limit
- to return a deposit
- 30 days
- deposit penalty
- Up to 3× (bad faith)
Security deposit in Texas
- Limit
- No statewide limit.
- Deadline to return it
- On or before the 30th day after you surrender (move out of) the unit. The landlord doesn't have to send the refund or list until you give a written forwarding address, but you don't lose your deposit just by not giving one. A lease rule requiring advance notice of move-out counts only if it is underlined or in bold.
- Itemized list
- Yes. With any balance, the landlord must give a written description and itemized list of all deductions. Not required if you owed rent at move-out and there is no dispute over how much. The landlord has the burden of proving deductions were reasonable.
- What may be deducted
- Damages and charges you are legally responsible for under the lease or because you broke it. Not normal wear and tear. You may not withhold your last month's rent on the theory that the deposit covers it.
- Interest
- No statute requires interest.
- If the landlord keeps it wrongly
- Bad-faith withholding: $100 plus three times the amount wrongfully withheld, plus attorney fees. A landlord who misses the 30-day deadline is presumed to act in bad faith. A landlord who in bad faith fails to send the itemized list loses the right to keep any of the deposit or sue you for damages.
Get your deposit back, step by step
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Texas: The landlord doesn't have to send the refund or list until you give a written forwarding address, but you don't lose your deposit just by not giving one.
- Wait for the deadline: On or before the 30th day after you surrender (move out of) the unit.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $20,000 in justice court. Small claims court in Texas on Small Claims Map
Deposit return calculator for Texas
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for Texas
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Small claims court in Texas
Deposit disputes usually go to small claims court, where you don't need a lawyer. Limit: $20,000 in justice court.
Questions about security deposits in Texas
How much can a landlord charge for a security deposit in Texas?
No statewide limit.
How long does a landlord have to return a security deposit in Texas?
On or before the 30th day after you surrender (move out of) the unit. The landlord doesn't have to send the refund or list until you give a written forwarding address, but you don't lose your deposit just by not giving one. A lease rule requiring advance notice of move-out counts only if it is underlined or in bold.
What can I do if my landlord won't return my deposit in Texas?
Bad-faith withholding: $100 plus three times the amount wrongfully withheld, plus attorney fees. A landlord who misses the 30-day deadline is presumed to act in bad faith. A landlord who in bad faith fails to send the itemized list loses the right to keep any of the deposit or sue you for damages.
What can a landlord deduct from a security deposit in Texas?
Damages and charges you are legally responsible for under the lease or because you broke it. Not normal wear and tear. You may not withhold your last month's rent on the theory that the deposit covers it.
Does a landlord have to pay interest on a security deposit in Texas?
No statute requires interest.
What is the small claims limit in Texas?
$20,000 in justice court.
More for Texas renters
- All Texas tenant rights
- Repairs: Texas
- Eviction: Texas
- Security deposit laws by state (2026)
- Guide: how to get your security deposit back
Security deposit in nearby states
- Tex. Prop. Code §§ 92.103, 92.104, 92.107, 92.108, 92.109
- Texas Property Code chapter 24 (Texas Legislature)
- Texas Property Code chapter 91 (Texas Legislature)
- Texas Local Government Code chapter 214 (rent control)
- Texas Attorney General: Renters' Rights
- TexasLawHelp.org: Evictions
Last checked: Oct 2026.