Texas Security Deposit Rules: Limits and Return Deadlines

Many renters in Texas wonder how much their landlord can collect as a security deposit, how soon they should get it back, and what to do if there’s a dispute. This guide covers security deposit rules in Texas, including legal limits, deadlines, and your options if things go wrong—all in clear, renter-friendly language.

How Much Can a Landlord Charge for a Security Deposit in Texas?

Unlike some states, Texas law does not set a maximum or limit on security deposits. Your landlord can ask for any amount unless otherwise stated in your lease agreement. However, the amount should be written in your rental contract, so always review your lease before signing.

When Should You Get Your Security Deposit Back?

According to Texas Property Code Section 92.103, landlords must refund your security deposit within 30 days after you move out and return keys, provided you give them your forwarding address in writing.

• If your landlord keeps any part of your deposit for damages or cleaning, they must send you an itemized written list explaining each deduction.
• Normal wear and tear can’t be deducted from your deposit.
• Failing to provide a forwarding address may delay your return, but it does not allow the landlord to keep your deposit.

What Is Normal Wear and Tear?

Texas law distinguishes between damage and ordinary wear and tear. Section 92.104 defines this as deterioration that happens with normal use—not the result of abuse, carelessness, or accidents.

Official Forms: Requesting Your Security Deposit

• Security Deposit Refund Request Letter (No official state form number): There’s no set statewide form, but tenants should request their security deposit in writing when moving out. Use a sample template provided by the Texas Attorney General.
  When to use: After moving out, send this letter to your landlord with your forwarding address to prompt the security deposit refund, and keep a copy for your records.
  Example: "After moving out, Maria mailed this letter to her landlord with her new address. The landlord then sent back her refund check within the 30-day deadline."

What If Your Landlord Fails to Return Your Deposit?

If you don’t receive your deposit or itemized deductions within 30 days, you have rights under Texas Property Code Chapter 92. Steps include:

• Send a written demand to your landlord (using the official request letter template above).
• Keep copies of all correspondence and your lease.
• Consider filing a claim in Texas Justice Court (Small Claims Court) if you still don’t receive your money.

Where to File Security Deposit Claims

The official tribunal handling residential tenancy disputes in Texas is the Texas Justice Court. Most claims under $20,000 (including disputes over security deposits) can be filed here (learn more about filing a small claims case in Texas).

FAQ: Security Deposit Limits and Return Rules in Texas

1. Is there a limit on how much security deposit a landlord can charge in Texas?
   No, Texas law does not set a maximum limit for security deposits. The amount should be stated in your lease agreement.
2. How long does a landlord have to return my security deposit after I move out?
   Texas landlords must return your security deposit within 30 days after you move out and provide your forwarding address.
3. What can a landlord legally deduct from my deposit?
   Only unpaid rent, damages beyond normal wear and tear, and some cleaning expenses (if needed to restore the property to move-in condition) can be deducted. An itemized list is required.
4. Do I need to submit an official form to get my deposit back?
   There is no formal state-required form, but providing a written request with your forwarding address is strongly recommended. Use the template linked above.
5. What should I do if my landlord won’t return my deposit?
   Send a written demand, keep records, and consider filing a claim in Texas Justice Court if the issue isn’t resolved.

Need Help? Resources for Renters

• Texas Attorney General: Tenant Rights and Security Deposits
• Texas State Law Library: Security Deposits
• Texas Department of Housing and Community Affairs: Tenant Rights PDF
• Texas Justice Court: Tribunal Contact Information
• Contact Texas Department of Housing and Community Affairs for tenant assistance

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1. Texas Property Code § 92.101–92.109. See the full Texas Property Code Chapter 92: Residential Tenancies.
2. Texas Justice Courts: Small Claims Handling.
3. Official Security Deposit Refund Letter Template from the Texas Attorney General.

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