Security Deposit in Texas
Texas imposes no statutory cap on residential security deposits — the amount is whatever the lease specifies. Under Texas Property Code § 92.103, the landlord must refund the deposit within 30 days after the tenant surrenders the premises, accompanied by an itemized statement of any deductions if any portion is withheld.
Last reviewed against current law: 2026-05-14
How Texas law treats security deposit
Texas Property Code § 92.101–92.110 governs residential security deposits. There is no statutory cap on the amount; the lease alone controls. However, Texas does impose accountability on the return: § 92.103 requires refund within 30 days of the tenant surrendering the premises and providing a forwarding address in writing.
If the landlord retains any portion, § 92.104 requires a written itemized statement of deductions, delivered with whatever balance remains. Failure to provide the itemized statement, or bad-faith retention, exposes the landlord to liability of $100 plus three times the wrongfully withheld portion plus reasonable attorney fees under § 92.109.
Texas distinguishes between "wear and tear" (not chargeable to the deposit) and damage (chargeable). § 92.104(c) makes clear the landlord cannot deduct for normal wear and tear.
Primary sources
Frequently asked questions — Texas
Is there a Texas cap on security deposits?▾
No. Texas imposes no statutory limit; the deposit amount is whatever the lease specifies. The constraint comes on the return side: 30-day refund deadline with itemization.
When must a Texas landlord refund the deposit?▾
Within 30 days of the tenant surrendering possession and providing a written forwarding address. Bad-faith retention exposes the landlord to $100 plus three times the wrongfully withheld portion plus attorney fees.
Can a Texas landlord deduct for normal wear and tear?▾
No. § 92.104(c) prohibits deduction for wear and tear. Only damage beyond ordinary use, unpaid rent, or other charges expressly permitted by the lease may be deducted.