🏠 TEXAS · SECURITY DEPOSIT LAW
Security deposits in Texas
In Texas, Tex. Prop. Code §§ 92.103, 92.109 gives your landlord 30 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. Texas sets no statutory cap on the deposit amount. Miss that deadline and the consequence is specific: $100 plus three times the portion wrongfully withheld, plus reasonable attorney fees.
The Texas statute
VERIFIED PRIMARY SOURCE
§ Tex. Prop. Code §§ 92.103, 92.109
The landlord must refund the security deposit on or before the 30th day after the date the tenant surrenders the premises (§ 92.103). A landlord who in bad faith retains a deposit is liable for the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees (§ 92.109(a)). Texas sets no statutory cap on the deposit amount. Verified against primary statute text (Texas Property Code) 2026-07-27.
Read the Texas source text →Texas deadlines at a glance
| Rule | What Texas requires |
|---|---|
| Deadline to return or itemize | 30 days after the tenancy ends |
| Maximum deposit | No statutory limit |
| If the landlord misses the deadline | $100 plus three times the portion wrongfully withheld, plus reasonable attorney fees |
| Governing statute | Tex. Prop. Code §§ 92.103, 92.109 |
The 30 days run from the date the tenant surrenders the premises. The enhanced penalty requires bad faith. Every figure here was read from the Texas statute text, not a secondary summary. Verified against the primary source →
What security deposits law covers in Texas
The 30 days clock in TexasTex. Prop. Code §§ 92.103, 92.109 sets Texas's deadline at 30 days from the end of the tenancy. The 30 days run from the date the tenant surrenders the premises. The enhanced penalty requires bad faith.
Texas does not cap the depositTexas sets no statutory ceiling on the deposit amount, so the lease controls how much you can be charged. The return deadline and itemization rules in Tex. Prop. Code §§ 92.103, 92.109 still apply in full.
Itemization is the condition of keeping anythingWithholding any part of the deposit in Texas requires a written, itemized statement within the 30 days window. A lump-sum "cleaning and repairs" line is the kind of entry that fails the statute — and ordinary wear and tear is not deductible.
What missing the deadline costs in Texas$100 plus three times the portion wrongfully withheld, plus reasonable attorney fees — that is the remedy Tex. Prop. Code §§ 92.103, 92.109 attaches to a late or missing statement, which is why the date you moved out and the date you gave a forwarding address both matter.
What to do in Texas, in order
- Write down the date the tenancy ended and you handed back possession — in Texas the 30 days clock runs from that date.
- Document the unit on move-out day: video every room, appliance, and wall, and keep the file timestamped.
- Send your forwarding address in writing and keep proof — several statutes start or extend the clock from it.
- If 30 days pass with no deposit and no itemized statement, send a demand letter citing Tex. Prop. Code §§ 92.103, 92.109 and the penalty it carries.
- If the landlord still doesn't pay, Texas small claims court handles deposit cases cheaply — and the statutory penalty ($100 plus three times the portion wrongfully withheld, plus reasonable attorney fees) is what you ask the court to award.
Common questions about security deposits in Texas
How long does my landlord have to return my security deposit in Texas?
Tex. Prop. Code §§ 92.103, 92.109 gives your landlord 30 days after the tenancy ends to return your security deposit or send you an itemized statement of what was withheld. The 30 days run from the date the tenant surrenders the premises. The enhanced penalty requires bad faith.
What happens if my Texas landlord misses the deadline?
$100 plus three times the portion wrongfully withheld, plus reasonable attorney fees. That remedy is written into Tex. Prop. Code §§ 92.103, 92.109 — you generally have to claim it, and small claims court is where deposit cases of this size are decided.
How much can a landlord charge for a security deposit in Texas?
Texas sets no statutory maximum, so the amount is whatever the lease sets. The deadline and itemization requirements in Tex. Prop. Code §§ 92.103, 92.109 still apply regardless of size.
Can my Texas landlord keep the deposit for cleaning?
Only to return the unit to its move-in cleanliness, and any deduction must appear in the itemized statement due within 30 days. Routine turnover cleaning and ordinary wear — faded paint, traffic-worn carpet — are generally the landlord's cost, not yours.
Don’t guess what your document says.
Upload your lease or notice and get every risky clause quoted back with the statute that governs it — including the one above.
Run the Lease Analyzer — free →This page is general legal information, not legal advice, and doesn’t create an attorney-client relationship. Statutes change and have exceptions; the linked primary source controls. For advice on your situation, consult a licensed attorney in your state.