Deposit laws by state · Texas
Texas security deposit laws.
Texas gives landlords 30 days from the date the tenant surrenders the premises to refund the deposit (less itemized deductions) or send a written itemization. The tenant must provide a forwarding address; without it, the landlord has no statutory deadline. Bad-faith withholding triggers triple damages.
Key rules
What Texas landlords need to do.
- 1.
Refund (or itemization) must be sent within 30 days of tenant surrender, provided the tenant gave a forwarding address.
- 2.
Deductions for normal wear and tear are prohibited — only damage caused by tenant negligence or breach is deductible.
- 3.
Itemized statement must list each deduction with a reasonable cost basis; bad-faith withholding (no statement, padded amounts) triggers $100 + 3× the withheld amount + attorney fees.
- 4.
No statutory deposit cap, but courts have struck down 'unreasonably' high deposits as unconscionable.
- 5.
If the landlord sells the property, the deposit must be transferred to the new owner along with notice to the tenant.
Common pitfalls
Where Texas landlords lose deposit cases.
Forgetting to demand a forwarding address in writing — without one, the 30-day clock doesn't start.
Sending an unitemized refund check thinking that's enough — case law treats missing itemization as bad faith.
Charging for repainting without showing damage — Texas courts treat blanket repaint costs as wear and tear unless damage is itemized.
Statute
Texas Property Code §§ 92.101–92.110
Read the statute on the Texas legislature site →This page is a landlord-oriented summary, not legal advice. Local ordinances may impose stricter rules than state law. Consult a Texas attorney before acting on a contested deposit dispute.
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Start your first report →Or use the free templateCommon questions
Texas deposit FAQ.
- How long does a landlord have to return the security deposit in Texas?
- 30 days after move-out, per Texas Property Code §§ 92.101–92.110. The clock typically starts when the tenant gives a forwarding address; check the statute for state-specific triggers.
- What's the maximum security deposit allowed in Texas?
- No statutory limit. Courts can still strike down unconscionably high deposits, so reasonableness still matters.
- What's the penalty for wrongfully withholding a deposit in Texas?
- Three times the wrongfully withheld amount, plus $100 and reasonable attorney fees, if landlord acts in bad faith.
- Does Texas require an itemized deduction statement?
- Yes. Texas requires an itemized written statement listing each deduction with its cost. Sending a refund without itemization (when claiming any deductions) commonly triggers the wrongful-withholding penalty.
- Does Texas require a pre-move-out inspection?
- Texas does not require a pre-move-out inspection. Offering one anyway is good practice — it reduces dispute risk by giving the tenant a chance to remedy issues.