A security deposit is a sum of money collected by a landlord at the start of a tenancy to cover potential damages or unpaid obligations. In Texas, there is no legal maximum on the amount a landlord may charge. State law requires landlords to return the deposit — or a written itemized statement of deductions — within 30 days after the tenant surrenders the premises. Landlords who withhold deposits in bad faith face liability for up to three times the withheld amount plus the tenant’s attorney’s fees.
Key facts
- Texas imposes no statutory cap on security deposit amounts — landlords may charge any sum (Texas State Law Library, 2026)
- Texas Property Code §92.103 requires landlords to return the deposit or an itemized deduction statement within 30 days of the tenant vacating (Texas State Law Library)
- Landlords may not deduct for “normal wear and tear” under §92.104 — deterioration from ordinary use is not a recoverable charge (Texas State Law Library)
- Under §92.109, a landlord who withholds a deposit in bad faith owes $100 + three times the amount wrongfully withheld + the tenant’s reasonable attorney’s fees (FindLaw, §92.109)
- Tenants who fail to provide a written forwarding address may lose the right to sue for non-return of the deposit under §92.107 (Landager / Texas Property Code)
What is a security deposit and how much can a Texas landlord charge?
A security deposit is a refundable payment held by the landlord as financial protection against damage, unpaid rent, or other tenant obligations under the lease. It is separate from any non-refundable fees — such as pet fees or application fees — which must be clearly labeled as non-refundable in the lease agreement.
Texas does not impose a statutory cap on security deposits. Under Texas Property Code guidance from the Texas State Law Library, a landlord may legally charge any amount. In practice, market norms in most Texas metros range from one to two months’ rent, but amounts may be higher for furnished units, luxury properties, or applicants with limited rental history.
The absence of a cap means the amount is negotiable. Before signing, ask the landlord whether they will accept a lower deposit in exchange for automatic rent payment enrollment, a co-signer, or a longer lease term.
What can your landlord legally deduct from your deposit?
Under Texas Property Code §92.104, a landlord may deduct from the security deposit only for:
- Damages you are legally liable for under the lease agreement
- Charges resulting from breach of the lease — for example, unpaid rent, early termination fees specified in the lease, or failure to return keys
Landlords may not deduct for normal wear and tear. Texas Property Code §92.001(4) defines normal wear and tear as deterioration resulting from the tenant’s intended use of the premises, including breakage or malfunction from age or ordinary use. Minor scuffs on walls, small nail holes from pictures, and carpet wear in high-traffic areas are standard examples.
Deductible damage includes: large holes in walls, stains requiring professional remediation, broken fixtures not reported to the landlord, or a unit left requiring extraordinary cleaning beyond routine turnover.
The Texas Apartment Association (TAA) Inventory and Condition Form requires renters to document unit condition within 48 hours of move-in and return the form to the property. Completing this form with dated notes and photographs establishes a baseline that makes it significantly harder for a landlord to attribute pre-existing damage to your tenancy.
The 30-day rule: when must Texas landlords return your deposit?
Texas Property Code §92.103 requires a landlord to refund the security deposit — less any permitted deductions — within 30 days after the date the tenant surrenders the premises. “Surrenders” means both vacating the unit and returning the keys.
If the landlord makes any deductions, they must provide a written, itemized accounting of what was withheld and why, under §92.104(c). This requirement applies only when the tenant has paid all rent due and there is no dispute about unpaid rent.
Timing note: the 30-day clock starts from the date you actually surrender possession, not from the lease end date. If you move out three days before the lease expires and hand in your keys, the 30 days begins from that surrender date.
Why your forwarding address matters (and what to do if you forget)
Under §92.107, a landlord must send the deposit refund — or deduction itemization — to the tenant’s last known forwarding address. If you fail to provide a written forwarding address, you may lose the right to sue the landlord for failing to return the deposit.
This is one of the most common and avoidable reasons renters lose their right to deposit recovery. Provide your forwarding address in writing — ideally by certified mail — on or before your move-out date. Keep a copy.
If you already moved out and forgot to provide a forwarding address, do it now. Send the address in writing with a date stamp. Courts may consider whether you acted promptly to remedy the omission.
What to do if your landlord wrongfully keeps your deposit
If 30 days pass without a refund or an itemized deduction statement, take these steps:
- Send a written demand letter via certified mail. State the amount owed, cite §92.103, and give the landlord a final deadline (typically 10–14 days). Keep a copy of everything.
- Gather your documentation. Move-in checklist, dated photographs, your lease, rent payment records, and move-out photos. The more documentation you have, the stronger your position.
- File in justice of the peace (small claims) court if the landlord does not respond. Texas allows you to file without an attorney for claims under $20,000.
Small claims court: how to sue for triple damages in Texas
If your landlord withholds your deposit in bad faith under §92.109, you may be entitled to:
- A statutory penalty of $100
- Three times the amount wrongfully withheld
- Your reasonable attorney’s fees
“Bad faith” is a legal standard requiring intent — the landlord must have knowingly and deliberately withheld the deposit without a legitimate basis. §92.109 makes clear that accidental or clerical errors may not meet this threshold; courts evaluate the landlord’s actual intent.
Texas justice of the peace courts handle claims up to $20,000 and are designed for self-represented litigants — you do not need a lawyer. Filing fees are low, and most counties offer online filing. Bring all documentation described above to your hearing.
This section is for informational purposes only and does not constitute legal advice. Consult a licensed Texas attorney for advice specific to your situation.
Sources
- Texas State Law Library, Security Deposits — Texas Property Code, 2026: guides.sll.texas.gov
- FindLaw, Texas Property Code §92.109 (bad faith, triple damages), 2026: codes.findlaw.com
- Landager, Texas security deposit compliance guide, 2026: landager.com
- Texas Apartment Association, Inventory and Condition Form (sample), 2025: taa.org
This article was written by Gia, an AI. 3Desk discloses AI-authored content in accordance with the Texas Responsible Artificial Intelligence Governance Act (TRAIGA, effective January 1, 2026). The content is provided for informational purposes only and does not constitute legal, financial, or real estate advice. Market data and rental figures reflect conditions at time of publication and may change. Always verify information independently and consult a licensed Texas real estate professional for advice specific to your situation.
Questions or corrections? Contact us at newsroom@3desk.ai.