Texas Security Deposit Laws: What Landlords Must Do (2026)

In Texas, your landlord has 30 days to return your security deposit. The clock starts when you move out and give them a written forwarding address. Miss that deadline? You can sue for three times the amount they kept. That is the law. Texas Property Code sections 92.103 through 92.109 make it clear.

This guide covers what landlords can collect, what they can deduct, and what to do if they keep your money without a good reason.

Texas Security Deposit Law: The Basics

Texas does not cap how much a landlord can charge. There is no state limit. A landlord in Austin can ask for $500. One in Dallas can ask for $5,000. The market decides.

What Texas law does control is what happens to your money after you pay it. The law sets a return deadline. It says what counts as a valid deduction. And it sets real penalties for landlords who break the rules.

The law lives in Texas Property Code, Chapter 92, Subchapter C. Sections 92.101 through 92.111 cover it all.

No Deposit Limit, No Interest Required

Texas does not require landlords to hold your deposit in a separate account. They do not have to pay you interest on it. Your $2,000 can sit in their checking account for two years. That is legal in Texas.

What is not legal: keeping it past 30 days, or taking deductions they cannot back up.

The 30-Day Return Deadline

This is the most important rule in Texas security deposit law: 30 days.

Under Texas Property Code Section 92.103, your landlord must return your deposit within 30 days after you move out. The clock starts when two things happen: you surrender the unit, and you give them a written forwarding address.

Here is the catch. Section 92.107 says the landlord does not have to send your deposit back until you give them a written forwarding address. No address, no clock. This trips up a lot of tenants.

You move out. You expect a check. Nothing comes. Then the landlord says they never got your address. Always give your new address in writing. A text, an email, or a note with your keys all work. Keep a copy.

What Must Happen in Those 30 Days

Within 30 days, your landlord must do one of two things:

• Return your full deposit, or
• Send you a written list of deductions plus any money left over

They cannot just send a smaller check with no note. Texas Property Code Section 92.104(c) requires a written itemized list any time they keep part of your deposit. No list means they cannot keep the money.

The list must be specific. It should say things like: carpet repair $400, broken door $75, unpaid rent $650. A vague line like cleaning fee: $500 is not enough. You can challenge that.

What Landlords Can Deduct in Texas

Texas law lets landlords deduct for real damages and unpaid costs. Here is what counts.

Valid Deductions

• Unpaid rent
• Damage beyond normal wear and tear
• Cleaning costs if the unit was left in bad shape
• Repairs for damage you or your guests caused
• Costs to remove things you left behind
• Other charges listed in your lease

What They Cannot Take

Texas Property Code Section 92.104 says landlords cannot keep any part of your deposit for normal wear and tear. Section 92.001(4) defines that term. Wear and tear is damage that happens just from living there.

Landlords cannot charge you for:

• Small nail holes from pictures
• Scuff marks on walls from furniture
• Carpet that has flattened in high-traffic spots
• Paint that has faded over time
• Minor floor scratches from regular use
• Routine cleaning after a normal stay
• Repairs for problems that were there before you moved in
• Upgrades the landlord wanted to make anyway

The test is simple: would this have happened if any normal person lived there? If yes, it is wear and tear. If it is from an accident, neglect, or abuse, it is a valid charge.

The Cleaning Question

Can a landlord keep your deposit for cleaning in Texas? Yes, but only for cleaning that goes beyond normal. A landlord cannot charge you for a basic clean after two years of normal living. But if you left grease on every surface or trash piled up, they can charge for that.

Take photos when you move out. Get timestamped shots of every room. That is your best protection if a landlord tries to overcharge for cleaning.

Penalties When Landlords Break the Rules

Texas law has real teeth here. If your landlord acts in bad faith, Section 92.109 lets you sue for:

• $100
• Three times the amount they wrongfully kept
• Your attorney fees

Run the math. Landlord kept $1,200 they had no right to? You could walk out with $3,700 or more.

These tenant rights exist to stop landlords from treating deposits like found money. The law assumes you do not have time or money for a long legal fight. So it makes the penalty steep enough that landlords pay attention.

The key phrase is bad faith. A landlord who made an honest mistake may not owe triple. But one who ignored the deadline or made up charges is acting in bad faith.

What Bad Faith Looks Like

Texas courts have found bad faith when a landlord:

• Never sent a check or a list within 30 days
• Sent a list with charges that clearly do not qualify
• Refused to return the deposit after getting a written forwarding address
• Listed repair costs for work that was never done

Any of these apply to your situation? You have grounds to take action.

What to Do Step by Step After Moving Out

Step 1: Give Your Forwarding Address in Writing

Do this the day you move out. Text it, email it, or write it on a note with your keys. Keep a copy. The 30-day clock does not start without this step.

Step 2: Document the Unit's Condition

Take photos and video of every room before you leave. Get timestamped shots. If there is a move-out walkthrough, be there for it. Get any report in writing.

Step 3: Wait Out the 30 Days

Your landlord has until day 30 to return your deposit or mail you an itemized list plus any remaining money. They must mail it, not just have it ready.

Step 4: Send a Demand Letter

If day 30 passes with nothing, send a written demand letter. State the amount owed, the law they broke, and give them a deadline to respond (10 to 14 days is standard).

A demand letter often works. Most landlords respond when they see you know the law and are serious about it.

Step 5: File in Small Claims Court

Texas security deposit cases go to Justice Court. You can sue for up to $20,000 there. No lawyer needed.

You file a claim, pay a small fee, and get a court date. Bring your lease, photos, forwarding address proof, and any texts or emails with the landlord. The judge reviews it all and decides.

Want a full walkthrough of the process? Read our guide on how to file small claims in Texas.

How to Write a Demand Letter for Your Security Deposit

Your letter does not need to be fancy. It needs to be clear and firm.

Include these things:

• Your name, old address, and new address
• The date you moved out and returned the keys
• How much you paid as a deposit
• A note that 30 days have passed with no return or list
• A reference to Texas Property Code Section 92.103 and 92.109
• The exact amount you want back
• A deadline for their reply
• A statement that you will go to court if they do not respond

Keep the tone calm and direct. State the facts. Let the law do the work.

Send it via certified mail with return receipt. This creates a paper trail that matters in court. If you need to send one fast, PettyLawsuit can send a demand letter instantly and track delivery for you.

Your Texas Lease Agreement and Your Deposit

Your lease can change some things. Not the legal deadlines, but what counts as damage and what cleaning is required. Knowing your renters rights before you sign a texas lease agreement saves you from surprises when you move out.

Non-Refundable Fees vs. Deposits

Some landlords call part of your payment a non-refundable cleaning fee. Texas courts have sometimes allowed this if the lease was clear about it. Read your lease carefully. Anything called a deposit follows the 30-day return rule. Anything called a non-refundable fee may not.

Move-Out Cleaning Requirements

Some leases require you to have carpets cleaned before moving out. If yours does and you did not do it, the landlord can charge for it. Check your lease for specific move-out steps.

Early Termination

If you broke your lease early, the landlord can apply your deposit to the rent you owe. They still must send you an itemized list explaining it all.

The Printable Security Deposit Itemization Form for Texas

Texas law does not require a specific form. Many landlords and tenants search for a printable security deposit itemization form Texas landlords and tenants can both use. No official state form exists. But a proper itemized list protects landlords and gives tenants something to review.

A good itemized list includes:

• A specific description of each charge
• The dollar amount for each item
• The total amount deducted
• The remaining deposit being returned (if any)
• The date it was sent

If your landlord sent a list that just says cleaning: $450 with no detail, that is not enough. You can push back on it.

Common Situations and What the Law Says

My landlord kept my deposit and never sent a list

This is bad faith under Texas law. If 30 days passed and you got nothing, you have a strong case. Send a demand letter first. If they still do not respond, file in Justice Court.

My landlord sent a list but the charges seem made up

Challenge each charge in writing. Ask for receipts or invoices. If they cannot provide them, you can fight those specific deductions.

My landlord kept my deposit because I broke the lease early

This can be valid depending on your lease. They must still send an itemized list. And they can only deduct actual costs, not a made-up penalty.

My landlord missed the 30-day deadline by a few days

The law says 30 days. Late is late. Whether a court finds bad faith depends on the facts. Document it and send a demand letter.

I gave my forwarding address out loud, not in writing

This is risky. Verbal is hard to prove. Texas courts have sided with landlords who claimed they never got a written address. Always put it in writing.

Frequently Asked Questions

How long does a landlord have to return a security deposit in Texas?

30 days. The clock starts when you move out and give a written forwarding address. Under Texas Property Code Section 92.103, missing this deadline can cost the landlord three times the withheld amount plus your attorney fees.

Can a landlord keep a security deposit for cleaning in Texas?

Yes, but only for cleaning beyond normal wear and tear. Routine cleaning after a normal stay does not count. If you left the place in bad shape, they can charge. They must still list the charge in writing within 30 days.

What can a landlord deduct from a security deposit in Texas?

They can deduct for unpaid rent, damage beyond normal wear and tear, and other costs listed in your lease. They cannot deduct for wear and tear, pre-existing damage, or basic upkeep. All deductions need a written itemized list within 30 days.

What happens if a landlord does not return my deposit in 30 days?

You can sue in Texas Justice Court. Under Section 92.109, if the landlord acted in bad faith, a judge can award $100 plus three times the withheld amount plus attorney fees.

Is there a limit on how much a security deposit can be in Texas?

No. Texas law sets no cap on the deposit amount. A landlord can charge whatever they want. There is no state limit based on monthly rent.

Does a landlord have to pay interest on a security deposit in Texas?

No. Texas law does not require this. The amount you paid in is the amount you get back, minus valid deductions.

Can I use my security deposit as last month's rent in Texas?

Not without your landlord's written okay. If you do this on your own, you still owe that month's rent. The landlord can deduct the unpaid rent from your deposit when you move out.

What is normal wear and tear in Texas?

Texas Property Code Section 92.001(4) defines it as damage from normal use of the property. Small nail holes, scuff marks, faded paint, and worn carpet in walkways all count. Burns, stains, holes in walls, and broken items caused by the tenant do not count.

If Your Landlord Ignored the Law

You have options. Texas law is on your side when a landlord misses the 30-day deadline or takes deductions they cannot justify.

Start with a demand letter. Most landlords respond when they see you know the rules. A firm letter citing Section 92.109 and the triple-damages penalty gets their attention fast.

If they ignore the letter, file in Justice Court. The process is not hard. You do not need a lawyer. Bring your documents, make your case, and let the judge decide.

If you want help with the demand letter and follow-up, PettyLawsuit sends demand letters and tracks delivery for you. Most security deposit disputes settle after one formal demand. You may never need to set foot in court.