Texas security deposit law
The state rules a landlord in Texas has to follow for a residential security deposit, from Tex. Prop. Code §§ 92.101-92.109.
- Maximum deposit
- No statutory limit.
- Deadline to return it
- 30 days after the tenant surrenders the premises.
- Itemized deductions
- Written description and itemized list of all deductions with the balance; not required if the tenant owes rent and there is no dispute about the amount.
- Interest on the deposit
- Not required by state law.
- Penalty for wrongful withholding
- Bad-faith retention: $100 plus three times the amount wrongfully withheld plus attorney fees; bad-faith failure to itemize forfeits the right to withhold.
Before you keep any part of a deposit
- Compare the unit with the move-in inspection and photos. Normal wear and tear is generally not chargeable.
- Keep receipts or written estimates for every deduction.
- Send the return or the itemized list within the deadline above, to the tenant's forwarding address, and keep proof of mailing.
Working out the last month's rent? The prorated rent calculator does the partial-month math.
Source
Verification status: verified summary. Research date: November 5, 2026. Statute: Tex. Prop. Code §§ 92.101-92.109. Source: statutes.capitol.texas.gov.
General information, not legal advice. Cities and counties can add stricter rules, and laws change. Check the current statute or a local attorney before you act.
Other states: South Dakota · Vermont · all states
Last updated November 5, 2026.