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Renters' Rights · Security Deposit

Security Deposit Laws in Texas

The most a landlord can charge, how long they have to return it, and what it costs them to keep your money without cause in Texas.

Reviewed by PlainStatute EditorialLast reviewed July 2026Verified against §§92.101–92.109
Security deposit at a glance · Texas
No cap
Texas sets no statutory maximum on a residential security deposit. Your lease sets the amount.
Maximum depositNo cap
Return deadline30 days
Interest to tenantNot required
Separate accountNot required
ItemizationRequired if any amount is withheld
Penalty$100 + 3× wrongfully withheld + fees
Statute§§92.101–92.109

What your landlord can hold, and when it's due back

Enter your rent for the Texas maximum, plus the return-deadline clock.

Deposit calculator · Texas
Most a landlord can hold
No legal maximum
Texas sets no statutory cap — the lease controls the amount.
Return clock: 30 days
The deadline runs after the tenant surrenders the premises. Give your landlord a written forwarding address at move-out so the clock starts.

Estimate only, based on Texas's statutory cap. Your lease may set a lower deposit, and local ordinances can be stricter. Not legal advice.

The full rules, with the statute

Every requirement and where it comes from in the code.

Maximum deposit
No statutory limit — Texas does not cap residential security deposits
Return deadline
The landlord must refund the deposit on or before the 30th day after the tenant surrenders the premises. A landlord isn't obligated to return it until the tenant gives a forwarding address in writing (§92.107(a)) — but the tenant doesn't lose the deposit just for failing to give one (§92.107(b)).
Interest to tenant
Not requiredTexas does not require a landlord to pay interest on a residential security deposit.
Separate account
Not requiredNo statute requires a Texas landlord to hold the deposit in a separate or escrow account.
Itemization
If any part of the deposit is kept, the landlord must give a written, itemized list of deductions with the balance (§92.104(c)). Exception: no itemization is owed if the tenant owes rent at surrender and there's no dispute over the amount.

Penalties & recent changes

What happens if the landlord keeps your deposit wrongfully.

If the landlord withholds wrongfully
A landlord who acts in bad faith by retaining a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees (§92.109(a)). Bad-faith failure to itemize forfeits the right to withhold anything and adds attorney's fees (§92.109(b)).
Also note
Retaining a deposit is presumed to be in bad faith if the landlord fails to return it or give an itemized list within 30 days.

What Texas renters get wrong

Texas puts no ceiling on the deposit itself — the lease sets the amount — but it backs the return rule with real teeth. Miss the 30-day deadline in bad faith and the landlord owes $100 plus three times whatever was wrongfully withheld, plus your attorney's fees. One catch trips up tenants: the 30-day clock and the refund obligation don't fully kick in until you give the landlord a forwarding address in writing, so send one the day you move out.

Common questions

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

On or before the 30th day after you surrender the premises. Surrendering means returning the keys and giving up the unit. Practically, give a written forwarding address at move-out, because the landlord is not required to mail the refund until you do.

Is there a maximum security deposit in Texas?

No. Texas Property Code Chapter 92 sets no dollar or month limit on a residential security deposit, so the amount is whatever your lease states.

What can I do if my Texas landlord keeps my deposit in bad faith?

You can sue for $100, three times the portion wrongfully withheld, and reasonable attorney's fees under §92.109. Keeping the deposit or failing to send an itemized list within 30 days is presumed to be bad faith.

Does my Texas landlord have to itemize deductions?

Yes, if any part of the deposit is withheld, unless you owed rent when you surrendered and there is no dispute about the amount owed. The itemized list and any balance are due within the same 30-day window.

Primary source
→ Tex. Prop. Code §§92.101–92.109
Texas Statutes · statutes.capitol.texas.gov
PlainStatute Editorial
Every figure on this page is checked line-by-line against the current statute. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.

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