Security deposit return law in Texas

In Texas, a landlord must return the security deposit within 30 days (Tex. Prop. Code 92.101-92.110 (esp. 92.103, 92.104, 92.107, 92.109)). Exactly when that clock starts, and what has to go back with the money, is where states differ most, so the rest of this page stays close to the statute's own words rather than a generic summary.

When the clock starts, and what goes with the money

If any portion is retained, the landlord must give the tenant the balance together with a written description and itemized list of all deductions; no deduction for normal wear and tear. The list is not required only if the tenant owes rent at surrender and there is no controversy over the amount (Prop. Code 92.104). The landlord is not obligated to refund or itemize until the tenant gives a written forwarding address, but the tenant never forfeits the refund by failing to give one (92.107). A lease clause requiring advance notice of surrender as a refund condition is valid only if underlined or in conspicuous bold print (92.103(b)).

How much you can collect

Texas sets no statewide cap on the size of a residential security deposit. That is not the same as no rules: the holding, itemization, and return duties below still apply in full, and a city or county can set a limit of its own even where the state does not.

What it costs to get this wrong

Bad-faith retention: liable for $100 plus three times the portion of the deposit wrongfully withheld plus the tenant's reasonable attorney's fees (Prop. Code 92.109(a)). Bad-faith failure to itemize forfeits the right to withhold anything or to sue the tenant for damages (92.109(b)). A landlord who neither refunds nor itemizes by day 30 is presumed to have acted in bad faith (92.109(d)), and the landlord bears the burden of proving any retention was reasonable.

Holding the deposit

No interest requirement and no separate-account requirement. The landlord must keep accurate records of all security deposits (Prop. Code 92.106). The tenant's claim to the deposit takes priority over claims of the landlord's creditors, including a bankruptcy trustee (92.103(c)).

Common questions

How long does a Texas landlord have to return a security deposit?

30 days, under Tex. Prop. Code 92.101-92.110 (esp. 92.103, 92.104, 92.107, 92.109). When that clock starts, and what has to accompany the money, is set out in the statute: If any portion is retained, the landlord must give the tenant the balance together with a written description and itemized list of all deductions; no deduction for normal wear and tear. The list is not required only if the tenant owes rent at surrender and there is no controversy over the amount (Prop. Code 92.104). The landlord is not obligated to refund or itemize until the tenant gives a written forwarding address, but the tenant never forfeits the refund by failing to give one (92.107). A lease clause requiring advance notice of surrender as a refund condition is valid only if underlined or in conspicuous bold print (92.103(b)).

Does Texas cap the security deposit?

There is no statewide cap in Texas. A city or county can still set one, and every other deposit rule in Tex. Prop. Code 92.101-92.110 (esp. 92.103, 92.104, 92.107, 92.109) still applies.

What happens if a Texas landlord misses the deadline or withholds wrongly?

Does a Texas security deposit have to be held a particular way?

The deposit paperwork is the part that gets lost. PropManager keeps the deposit on the lease, the move-out itemization with the tenant's file, and the refund in the ledger, so the record exists before a dispute does.

Sources

Tex. Prop. Code 92.101-92.110 (esp. 92.103, 92.104, 92.107, 92.109). Source: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm. Verified 2026-08-06.

General information, not legal advice. Check your own lease and any city or county ordinance before you rely on it.