Texas Security Deposit Law
Statute text last checked: October 23, 2026
Return deadline
30 days
Statute
Tex. Prop. Code §§ 92.101–92.109
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Check your Texas lease →How much can a landlord charge?
Texas Property Code Chapter 92, Subchapter C does not set a maximum deposit amount.
When must the deposit be returned?
The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises (§ 92.103), with a written description and itemized list of any deductions (§ 92.104).
Key rules
- The landlord may not keep any part of the deposit to cover normal wear and tear (§ 92.104(b)).
- The landlord does not have to refund or itemize until the tenant gives a written forwarding address, but the tenant does not lose the right to a refund just by not giving one (§ 92.107).
- A lease rule requiring advance notice of move-out as a condition of the refund is effective only if it is underlined or in conspicuous bold print (§ 92.103(b)).
- A tenant may not withhold last month's rent on the ground that the deposit covers it; a tenant who does so in bad faith can owe three times the rent withheld plus attorney's fees (§ 92.108).
If the landlord doesn't follow the law
A landlord who in bad faith keeps a deposit owes $100, three times the amount wrongfully withheld, and the tenant's reasonable attorney's fees. A landlord who misses the 30-day refund or itemization deadline is presumed to have acted in bad faith, and the landlord must prove any deduction was reasonable (§ 92.109).
Frequently asked questions
How long does a Texas landlord have to return a deposit?
On or before the 30th day after you surrender the premises, once you've given a written forwarding address.
Can a Texas landlord charge for normal wear and tear?
No. Tex. Prop. Code § 92.104(b) bars keeping any part of the deposit for normal wear and tear.
Can I use my deposit as my last month's rent in Texas?
No. § 92.108 prohibits withholding last month's rent on that basis, and bad-faith withholding can cost three times the rent withheld.
Sources
- Tex. Prop. Code §§ 92.101–92.109 (official text)
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