Texas Security Deposit and Damage Deposit Rules Explained

Understanding the difference between security deposits and damage deposits is crucial for renters in Texas. Knowing your rights can help protect your money and ensure a smooth renting experience.

What Is a Security Deposit in Texas?

A security deposit is money a landlord collects from a renter at the start of the lease. It acts as protection for the landlord against unpaid rent or damage beyond normal wear and tear. In Texas, security deposits are governed by Texas Property Code, Chapter 92.^[1]

• No maximum limit: Texas law does not set a maximum amount, so landlords decide how much to charge.
• Separate from rent: Security deposits cannot be used as last month's rent, unless the landlord agrees in writing.
• Return deadline: Deposits must be refunded within 30 days after you move out, minus any lawful deductions.

The landlord must give you a list of deductions if any amount is withheld.

What Is a Damage Deposit?

Texas law does not specifically define a separate "damage deposit." However, some leases use this term to describe additional money held for potential property damage. If a deposit is called a "damage deposit" in your lease, it is treated the same as a security deposit under Texas law, with the same protections and return requirements.

• All refundable deposits related to the condition of the property are covered by Texas Property Code rules.
• Always check your lease to see how deposits are labeled and used.

When Can a Landlord Keep Part or All of Your Deposit?

Landlords may deduct from your deposit for:

• Unpaid rent
• Costs to repair damages beyond normal wear and tear
• Other charges specified in your lease (such as key replacement or cleaning fees, if allowed)

"Normal wear and tear" means ordinary aging and everyday use — for example, minor scuffs on the floor. Damage from accidents, neglect, or misuse can be charged against your deposit.

How to Request Your Security Deposit Back in Texas

Once you move out, Texas law requires you to provide your landlord with a forwarding address. This is needed so they can send your deposit and itemized statement of deductions (if any).

• Deposits must be refunded within 30 days of move-out if no deductions are made.
• If your landlord does not return your deposit or provide a list of deductions, you have the right to request it in writing.

If you need to take further action, you may file a complaint with your local Justice of the Peace Court, which handles small claims related to security deposits.

Relevant Official Forms

• Security Deposit Demand Letter: While Texas does not issue a specific state form, renters can send a written demand for their deposit. For an example template and further guidance, see the Texas Law Help Security Deposit Toolkit. Use this letter if your landlord does not return your deposit within 30 days.
• Justice Court Small Claims Petition (JP-Civil Form 1): Use this if you decide to sue your landlord for the deposit. File this at your local Justice of the Peace Court. The form and instructions are available at the Official Texas Courts Forms page.

If you’re unsure about how to phrase your demand letter, organizations like Texas Law Help offer free templates and legal information to make the process easier.

Texas Tribunals and Tenant Protections

Residential deposit disputes in Texas are handled by the Justice of the Peace Courts. For legal rules, refer to Texas Property Code, Chapter 92, which covers all major tenant-landlord responsibilities, including deposits.^[1]

FAQ: Security Deposit and Damage Deposit Rules in Texas

1. What’s the difference between a security deposit and a damage deposit in Texas?
   In Texas, a "damage deposit" and a "security deposit" are typically treated the same under the law. All refundable deposits meant to cover property condition are governed by the same legal rules.
2. How long does a landlord have to return my deposit?
   Landlords must return your deposit within 30 days after you move out and provide a forwarding address.
3. Can my landlord deduct for normal wear and tear?
   No. Deductions can only be made for damages beyond normal wear and tear or for other charges listed in your lease.
4. What should I do if my landlord won’t return my deposit?
   Start by sending a written demand for your deposit. If there’s no response, you can file a small claims case at your local Justice of the Peace Court.
5. Is there a limit on how much my landlord can charge for a deposit?
   No. Texas law does not cap the amount a landlord can ask for a security or damage deposit.

Key Takeaways for Texas Renters

• Security and damage deposits follow the same rules in Texas.
• Your landlord must return your deposit within 30 days, minus lawful deductions, if you provide a forwarding address.
• You can request the deposit back in writing and take legal action if necessary.

Always read your lease and know your rights to keep your deposit protected.

Need Help? Resources for Renters in Texas

• Texas Department of Housing and Community Affairs - Renters Info
• Texas Law Help – Security Deposits Guide
• Justice of the Peace Courts Directory
• Texas Property Code, Chapter 92 – Official Legislation

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1. See: Texas Property Code, Chapter 92 – Residential Tenancies

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