Texas Security Deposit Law: Return Deadline, Limits, and How to Get It Back

In Texas, a landlord generally must refund your security deposit (or send a written, itemized list of any deductions along with the balance) within 30 days after you surrender the rental and move out. Texas does not cap how much a landlord can charge for a deposit, and it does not require landlords to pay you interest on it. The rules live in the Texas Property Code, Chapter 92 (the residential landlord-tenant statute, roughly sections 92.101 through 92.109). One Texas quirk that trips up many tenants: the landlord does not have to mail your refund until you give a forwarding address in writing. Disputes are usually handled in your local Justice Court (often called the Justice of the Peace, or "JP," court).

How much can a Texas landlord charge?

Texas has no statewide limit on the size of a residential security deposit. A landlord may legally ask for one month's rent, two months, or more, and the market largely sets the figure. A few points worth knowing:

• There is no required cap, so always read the lease to see exactly what you are paying and what it covers.
• Texas does not require the deposit to be held in a separate or interest-bearing account, and you are not entitled to interest unless your lease promises it.
• An advance payment of rent and a true security deposit are different things; the lease should label them clearly.

The 30-day deadline and the forwarding-address rule

After you move out and return possession of the unit, the landlord has 30 days to refund the deposit or deliver a written description and itemized list of any deductions, returning whatever is left over.

• The clock is tied to you giving a written forwarding address. If you never provide one, the landlord is not obligated to refund the deposit, though the landlord also cannot keep it for that reason alone if the deductions are improper. Always send your new address in writing and keep proof.
• An itemized statement is required only if the landlord keeps part of the deposit to cover damages or charges. If nothing is deducted, the landlord can simply return the full amount.
• Send your address by a method that creates a record (certified mail, email with a saved copy, or a dated written notice).

What can and cannot be deducted

A Texas landlord may deduct from your deposit for damages and charges you owe under the lease, but not for normal wear and tear. "Normal wear and tear" means the natural deterioration that happens from ordinary, reasonable use, without negligence, carelessness, accident, or abuse.

• Usually deductible: unpaid rent, the cost to repair holes you punched in a wall, broken fixtures, pet damage not authorized by the lease, and cleaning a unit left genuinely filthy.
• Not deductible (normal wear and tear): faded paint, minor carpet wear from walking, small nail holes from hanging pictures, and gradual aging of appliances or flooring.
• Take time-stamped photos or video at move-in and move-out. A move-in condition checklist is your best defense if the landlord later claims damage.

Penalties for wrongful withholding

Texas law takes bad-faith retention seriously. A landlord who in bad faith keeps a deposit (or fails to provide the required itemized list when deductions are made) can be liable for $100, plus three times the wrongfully withheld portion, plus the tenant's reasonable attorney's fees.

• The statute presumes bad faith if the landlord fails to return the deposit or provide the written itemized list within the 30-day window, though that presumption can be rebutted.
• A landlord who keeps part of the deposit but does not give the required itemized statement may forfeit the right to keep any of it and can be on the hook for your attorney's fees.
• Honest, documented deductions are not "bad faith," so the penalty is aimed at landlords who ignore the rules or stonewall.

How to sue in small claims (Justice Court)

Most deposit fights in Texas are filed in Justice Court, which handles civil claims up to $20,000 and is designed to be used without a lawyer. A typical path looks like this:

• Send a clear written demand letter first, stating the amount owed, the 30-day rule, and a deadline to pay. This often resolves the matter.
• If that fails, file a small-claims petition in the Justice Court precinct where the property sits or where the landlord lives. Filing fees are modest and the court clerk can explain the forms.
• Bring your lease, move-in and move-out photos, the written forwarding address you sent, any itemized statement you received, and copies of your demand letter.
• You generally do not need an attorney for Justice Court, but if a large sum or attorney's-fee claim is at stake, a Texas tenant attorney or a local legal aid office may be worth a call.

This article is general legal information, not legal advice. Texas landlord-tenant law changes over time, and some cities and counties add their own rules, so confirm the current Texas Property Code sections and any local ordinances, or consult a Texas attorney or legal aid program, before you act on a specific dispute.