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Pet Deposits and Pet Fees in Texas

Statute text last checked: October 24, 2026

This page summarizes Texas statutes for general information only. It is not legal advice, and FlagMyLease is not a law firm. Local ordinances and recent amendments may change what applies to you, so read the linked statute or talk to a licensed attorney or local legal aid office about your situation.

Texas Property Code Chapter 92 does not have a section specifically about pets. What matters is how the lease describes the money: a refundable deposit that secures your performance under the lease is treated as a security deposit.

A pet deposit is a security deposit (§92.102)

  • A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a residential lease.
  • So a refundable pet deposit held against pet damage falls under the security deposit rules in Subchapter C, and those duties and remedies may not be waived (§92.006(a)).

Refund and deduction rules that apply (§§92.103–92.109)

  • Refund on or before the 30th day after you surrender the premises (§92.103(a)), subject to giving a forwarding address (§92.107).
  • The landlord may deduct damages and charges you are legally liable for under the lease, but may not keep any portion to cover normal wear and tear (§92.104).
  • Deductions must come with a written description and itemized list (§92.104(c)).
  • A landlord who in bad faith keeps a deposit is liable for $100, three times the portion wrongfully withheld, and reasonable attorney's fees; failing to refund or itemize within 30 days is presumed bad faith (§92.109).

Non-refundable pet fees and pet rent

  • Chapter 92 does not set a specific cap or rule for non-refundable pet fees or monthly pet rent. Read how your lease labels each charge and whether it is refundable.
  • Assistance animals for people with disabilities are governed by federal fair housing rules, which are separate from ordinary pet policies. Ordinary pet fees and deposits may not apply to them. HUD withdrew its 2020 assistance-animal guidance in 2025, but the Fair Housing Act's reasonable-accommodation duty still applies; see HUD's assistance animals page linked below.

Frequently asked questions

Is a pet deposit refundable in Texas?

A deposit intended primarily to secure performance under the lease is a security deposit under Tex. Prop. Code §92.102, so the 30-day refund, itemization and no-wear-and-tear rules of §§92.103–92.104 apply. A charge the lease labels as a non-refundable fee is treated differently.

Can a Texas landlord keep my pet deposit for normal wear and tear?

No. Tex. Prop. Code §92.104(b) says a landlord may not retain any portion of a security deposit to cover normal wear and tear.

Sources

Related: Texas security deposit law · Non-refundable fees in a lease · Normal wear and tear vs. damage

More Texas guides: Texas tenant rights · security deposits · late fees · Texas lease renewal and month-to-month notice · Texas early lease termination rights · Texas landlord repair duties

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