Texas Security Deposit Laws
Complete guide to security deposit rules, deadlines, and tenant rights in Texas.
30
Days to Return
No statutory limit
Max Deposit
Yes
Itemization Required
$100 + 3x (bad faith penalty)
Potential Penalty
Security Deposit Return Deadline
Landlords have 30 days from the date the tenant surrenders the premises to return the security deposit or provide a written itemized list of deductions.
Legal Reference: Tex. Prop. Code § 92.103
Maximum Security Deposit
Texas does not have a statutory limit on security deposit amounts. Landlords may charge any amount they deem appropriate, though market rates typically range from 1-2 months' rent.
Legal Reference: Tex. Prop. Code § 92.103
Penalties for Violations
$100 + 3x (bad faith penalty)
If a landlord retains a deposit in bad faith, tenants may recover $100 plus three times the wrongfully withheld amount plus attorney's fees.
Legal Reference: Tex. Prop. Code § 92.109
What is Normal Wear and Tear?
Landlords generally cannot charge tenants for normal wear and tear. Examples typically include:
- ✓Carpet worn from normal foot traffic
- ✓Paint fading from sunlight exposure
- ✓Minor scuffs on walls from furniture
- ✓Small nail holes (reasonable number)
- ✓Worn appliances from regular use
- ✓Faded curtains or blinds from sun
Landlord Obligations
- 1Return deposit or itemized list within 30 days
- 2Mail refund to tenant's forwarding address
- 3Provide written description of damages
- 4Only deduct for actual damages beyond normal wear
- 5Give tenant opportunity to provide forwarding address
Tenant Rights
- ✓Provide forwarding address in writing at move-out
- ✓Receive itemized list of all deductions
- ✓Sue in small claims court (up to $20,000)
- ✓Recover $100 + 3x wrongfully withheld amount
- ✓Recover attorney's fees if landlord acts in bad faith
Common Landlord Violations
These are issues that tenants frequently encounter with security deposits in Texas:
- !Missing the 30-day deadline
- !Not providing written itemized deductions
- !Charging for normal wear and tear
- !Not mailing refund to forwarding address
- !Deducting for pre-existing damage
- !Excessive or undocumented charges
Frequently Asked Questions
How long does a landlord have to return my deposit in Texas?
In Texas, landlords have 30 days from when you surrender the premises to return your deposit or provide an itemized statement of deductions.
What can a Texas landlord deduct from my security deposit?
Landlords can deduct for unpaid rent, damages beyond normal wear and tear, and cleaning costs. They must provide a written itemized list of all deductions.
Do I need to provide a forwarding address in Texas?
Yes, you should provide your forwarding address in writing. If you don't, the landlord may mail the refund to your last known address. Failure to provide an address may limit your rights.