Texas security deposit rules
Texas sets no statutory limit on the size of a security deposit. The deposit must be returned refund (and itemized deductions) on or before the 30th day after the tenant surrenders the premises; the landlord is not obligated until the tenant provides a written forwarding address (§ 92.107). No interest is owed on the deposit under state law.
What the law requires
No statutory limit. Returned Refund (and itemized deductions) on or before the 30th day after the tenant surrenders the premises; the landlord is not obligated until the tenant provides a written forwarding address (§ 92.107). Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney fees (§ 92.109). Mailing postmarked by the deadline counts as timely (§ 92.1041). Text read on texas.public.law (verbatim mirror) because the official statutes site now requires JavaScript.
- Deductions: unpaid rent and damage beyond normal wear and tear, itemised in writing. Cleaning and repainting after ordinary use are normal wear in most states.
- Deadline: the 30-day clock usually starts when the tenant moves out and, in many states, when a forwarding address is provided. Missing it typically forfeits the landlord’s right to keep any of the deposit and can add statutory damages.
- Interest: none required under state law. Cities in some no-interest states have their own ordinances, so check the municipal code where you rent.
Move-out checklist
- Give written notice of the move-out date and a forwarding address; many deadlines only start when the landlord has the address.
- Photograph every room after cleaning, with a timestamp. Request a joint inspection where the state allows one.
- If the deadline passes, send a written demand citing Tex. Prop. Code § 92.103; § 92.107. Small-claims court handles deposit disputes in every state and most cap the claim well above a typical deposit.
Related Texas rules
- Late fees: Late fee must be in the written lease, be reasonable, and may be charged only after any portion of rent has remained unpaid two full days after the due date. A fee is presumed reasonable if it does not exceed 12% of the rent for the period in a structure with 4 or fewer units, or 10% in a structure with more than 4 units; it may combine an initial fee and a daily fee. Violation: $100 plus three times the improper fee plus attorney fees. Late fee calculator.
- Notice to end a tenancy: At least one month's notice by either party; the tenancy ends on the later of the date in the notice or one month after notice is given Notice to vacate before an eviction suit: at least 3 days' written notice unless the lease sets a shorter or longer period (§ 24.005). 2025 SB 38 (effective 2026-01-01) revised Chapter 24 eviction procedures; the 3-day minimum appears unchanged but this is UNVERIFIED against the amended text. Notice calculator.
- All rules on one page: Texas landlord and tenant law.
Frequently asked questions
How much can a landlord charge for a security deposit in Texas?
There is no statutory cap in Texas; the market and the lease decide. Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney fees (§ 92.109). Mailing postmarked by the deadline counts as timely (§ 92.1041). Text read on texas.public.law (verbatim mirror) because the official statutes site now requires JavaScript.
How long does a landlord have to return a security deposit in Texas?
Refund (and itemized deductions) on or before the 30th day after the tenant surrenders the premises; the landlord is not obligated until the tenant provides a written forwarding address (§ 92.107). The statute is Tex. Prop. Code § 92.103; § 92.107.
Does a Texas landlord have to pay interest on the security deposit?
No. Texas law does not require interest on residential security deposits.