Texas security deposit law: know your rights.
Keep proof that you surrendered possession and supplied your forwarding address in writing. The 30-day rule and the address requirement work together.
Your deposit rights in Texas
- Deposit limit
- Chapter 92, subchapter C does not set a general deposit maximum. Check the amount and refund terms in your lease.
- Return timing
- 30 days after surrender (if the tenant gave a forwarding address).
- Accounting for deductions
- Written description and itemized list of deductions required within 30 days of surrender (if tenant gave a forwarding address).
- Deposit interest
- The state deposit statute does not require interest. Check any additional lease or local rule.
The local guide rules linked here were checked 2026-09-14. Review dates refer to the cited rules, not an attorney review of your case.
Does this rule apply to your rental?
Chapter 92 covers residential tenancies. A security deposit differs from an application deposit and from a fee paid instead of a deposit. Supply a forwarding address in writing; the refund and accounting duties are not due until you do.
Texas Legislature: Property Code chapter 92, subchapter C ↗What starts the return clock?
30 days after surrender (if the tenant gave a forwarding address).
Dates in practice
Example: you surrender the home on September 1, 2026 and have already supplied your forwarding address in writing. The 30-day calendar reference is October 1. If you have not supplied the address, send it first; merely counting 30 days does not establish a late refund.
Check your return timing
Use your dates to see the relevant calendar references. The questions below account for the start conditions described above. You can start the free analysis without completing this check.
Check what the landlord deducted
Use the charge, the applicable rule and your records together. Start with the items you actually dispute.
Carpet wear or faded paint
Section 92.104 excludes normal wear and tear. Damage caused by negligence, carelessness, accident or abuse falls outside the definition of normal wear.
Records to check: Compare the age and prior condition with photos of the particular damage alleged.
Rent balance
An itemized list is not required when rent is owed at surrender and there is no controversy about the amount owed. Do not assume every missing list triggers forfeiture.
Records to check: Reconcile the ledger and payments; preserve any written disagreement about the rent amount.
Cleaning or other lease charge
Check whether you are legally liable under the lease or for a breach. The deposit does not permit a deduction for normal wear.
Records to check: Identify the lease clause, the condition complained of and the records supporting the cost.
What could you recover?
Bad-faith retention: tenant may recover $100 plus three times the amount wrongfully withheld, plus reasonable attorney's fees (Tex. Prop. Code § 92.109).
Start with the unpaid amount you dispute. Any additional statutory recovery depends on the conditions in Tex. Prop. Code § 92.109(a), including applicable notice requirements. A multiplier that already includes the deposit should not be added to that deposit again.
Texas Legislature: Property Code chapter 92, subchapter C ↗Example: a refund claim after an itemized response
Fictional Texas example, assuming the law applies. This example does not assume a missed return deadline.
- Deposit paid
- $2,000
- Already returned
- $900
- Charges accepted
- $200
- Charges disputed
- $900
- Additional statutory return
- $0
- Additional statutory damages
- $0
- Amount requested before court costs
- $900
The current demand includes the disputed refund. Additional statutory recovery requires the conditions below; it is not automatically earned by a missed date. Court costs and any attorney fees need their own legal basis and award; collecting a judgment is a separate step.
Read this example in the sample case ↗Put the rules to work
See how the rules fit your deposit dispute
Free analysis
Add the refund, charges and records. Review the deductions and possible remedies with an explanation tied to your facts.
Full case package $29-$49
Turn your case into a demand letter, organized exhibits and a next-step plan. Review the analysis before deciding to buy.
Your entered dates and deposit amount carry forward. Additional timing details are saved in case notes. The next step asks for the refund and charges so you can build on this check.
Choose your next step
Small-claims limit: $20,000. Filing: $54 filing + ~$75-$100 service per defendant. The court guide explains the applicable limits and additional costs.
Questions about Texas deposit rights
How long does a Texas landlord have to return a security deposit?
30 days after surrender (if the tenant gave a forwarding address).
Tex. Prop. Code §§ 92.101-92.109 ↗See the timing rules →What happens if my landlord does not follow the deposit return rules in Texas?
Failing to return the deposit or provide the itemized list within 30 days creates a presumption of bad faith (§ 92.109(d)). A landlord who in bad faith fails to itemize forfeits the right to withhold any portion and to sue for damages, and owes the tenant's attorney's fees (§ 92.109(b)). Keep proof of the dates, any refund, and the itemized statement.
Tex. Prop. Code §§ 92.101-92.109 ↗Understand the possible recovery →Can my Texas landlord require advance notice as a condition of a refund?
Section 92.103(b) makes a surrender-notice condition effective only if it is underlined or printed in conspicuous bold print in the lease. Check the actual clause and keep the notice you sent.
Section 92.103(b) ↗Do I forfeit the deposit if I have not supplied a forwarding address?
No. Section 92.107 postpones the duty to refund or give the accounting until you supply the address in writing, but says that failing to supply it does not forfeit your right to a refund or a description of charges.
Section 92.107 ↗Is a monthly fee instead of a deposit refundable in Texas?
Section 92.111 governs fees in lieu of a security deposit. Review the required written agreement and disclosures; paying that fee does not itself release you from rent or damage obligations.
Section 92.111 ↗