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Texas Security Deposit Law, in Plain English

Texas takes a hands-off approach on the way in — no cap on deposits, no required checklist — and a hard line on the way out: a 30-day clock, an itemization rule with a narrow owed-rent exception, and a presumption of bad faith that flips against the landlord when the deadline passes. Here's how Property Code §§ 92.101 through 92.111 actually work, for both sides of the lease.

No cap — which raises the stakes, not lowers them

Texas imposes no statutory limit on security deposits. One month's rent is customary, but nothing stops a landlord from asking for more, and competitive markets in Austin, Dallas, and Houston sometimes see it. No interest is owed on the deposit, and no escrow account is required.

The consequence of a no-cap regime is simple: with no ceiling on the deposit, there's no ceiling on what a move-out disagreement is worth. Everything the statute does on the back end — the itemization, the burden of proof, the presumption — exists because the front end is unregulated.

Fee in lieu: an option, not a shortcut

If a residential lease requires a security deposit, the landlord may offer a recurring fee instead — but must also offer the tenant the option to pay the security deposit. The landlord may not use the tenant's choice between the two as a criterion for approving the rental application (§ 92.111(a)).

Before the tenant chooses, the landlord must give written notice of both options, the charges for each, and the tenant's right to end the fee agreement at any time and switch to the security deposit amount then offered to new tenants for substantially similar housing. The fee agreement itself must be written and signed by both the landlord (or legal representative) and tenant. The fee must be the same amount each time and due whenever rent is due (§ 92.111(b)–(d)).

A fee can be used to buy insurance for damages and unpaid rent for which the tenant is legally liable, but the fee cannot exceed the reasonable cost of obtaining and administering that insurance. If insurance is used, the signed agreement must clearly say that the fee is generally nonrefundable unless otherwise specified, does not cover the tenant, and does not erase the tenant's duties to pay rent or legally chargeable damage beyond normal wear and tear. The fee does not itself cap or forgive those lease obligations (§ 92.111(e)–(i)).

Insurance is not a license to skip notice or collect twice. Before submitting a claim, the landlord must notify the tenant within 30 days after surrender with a written description and itemized list of damages and unpaid rent, including rent due dates. If the notice is successfully challenged, the invalid debt is void and any claim must be withdrawn or repaid. If an insurer pays a valid claim, the landlord cannot also collect those same amounts from the tenant; any insurer reimbursement demand is limited and must include supporting evidence (§ 92.111(j)–(m)).

Surrender, forwarding address, and the deadline

The landlord must refund the deposit within 30 days of the tenant surrendering the premises (§ 92.103). The refund goes to the tenant's forwarding address, and the landlord's obligation is conditioned on receiving one (§ 92.107) — though a tenant who forgets never forfeits the deposit itself; the clock just doesn't favor them yet.

The practical move for tenants: give the landlord a written statement of the forwarding address, date it, and keep a copy. That removes the § 92.107 condition on the landlord's refund and itemization duties, while the presumption still depends on the landlord failing to return or itemize by the statutory deadline.

If any portion is retained, the landlord must provide the balance, if any, with a written description and itemized list of all deductions (§ 92.104(c)). The statute has a narrow exception: no description or itemized list is required if the tenant owes rent when surrendering possession and there is no controversy concerning the amount owed. What can't be on that list: normal wear and tear — deterioration from ordinary, intended use of the unit, a line crossed only by negligence, carelessness, accident, or abuse. Worn carpet paths and faded paint belong to the landlord; a hole in the drywall belongs to the tenant.

One lease trap the statute defuses: a clause making advance notice of surrender a condition of the refund is effective only if the requirement is underlined or printed in conspicuous bold print in the lease (§ 92.103(b)). A buried notice requirement generally can't cost a tenant the deposit.

Day 31: the presumption flips

Three provisions give Texas's deposit law its teeth, and they stack:

The burden of proof is the landlord's. In an action brought by a tenant under the security-deposit subchapter, § 92.109(c) requires the landlord to prove that retaining any portion of the security deposit was reasonable. The tenant doesn't have to disprove the charges; the landlord has to support them.

The presumption arrives automatically. Miss the 30-day deadline, and § 92.109(d) presumes the landlord acted in bad faith. It's rebuttable — but the tenant walks into justice court with the presumption already working for them.

Bad faith is priced in triple. A landlord who in bad faith retains a deposit owes $100, plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees (§ 92.109(a)). And a landlord who in bad faith skips the itemization altogether forfeits the right to withhold anything and the right to sue the tenant for the damage, and owes the tenant's reasonable attorney's fees — the claim doesn't shrink, it vanishes (§ 92.109(b)).

The asymmetry this creates is worth stating plainly: a landlord disputing an $1,800 deposit is nominally arguing about $1,800 — but a procedural slip or a thin itemization puts $100 + $5,400 + two sides' attorney's fees on the table. Conservative deductions, delivered early, with evidence attached, is the only posture the statute rewards.

Evidence behind every line of the itemization — or against it.

PropInspect captures the unit room by room — photos, 60-second video clips, and tagged notes — in about 10 minutes. Share the report as a link the other party can view without an account, or download it as a PDF to deliver with the itemized list or the dispute letter. Works in the browser, works offline, no app to install. First inspections free, then $0.99 each. No subscription.

Texas law places the burden of proving deposit deductions on the landlord and requires an itemized accounting. PropInspect helps you capture a dated, room-by-room record of condition and share it with the other party. PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Texas law or a particular result in a deposit dispute.

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The law requires no record. The burden of proof requires yours.

Texas mandates no move-in checklist, no condition report, no photos — the only state in this series with zero statutory documentation. But look at where the statute places the weight: the landlord must prove deductions reasonable, against a tenant who may hold an automatic presumption of bad faith, in a venue that awards attorney's fees.

An itemized list with nothing behind it is exactly the "thin itemization" that loses these cases. A dated, room-by-room record at move-in and move-out — photos, video, notes — is what turns each line of the itemization into something a justice of the peace can verify. And for tenants, the same record made on day one is what caps the argument: documented pre-existing conditions can't plausibly become move-out deductions, and in a no-cap state, that record may be protecting several months' rent.

Justice court: built for exactly this

Deposit disputes go to justice court — Texas's small claims venue — which handles claims up to $20,000, comfortably above treble damages on almost any residential deposit. The process is informal, designed for self-represented parties, and the deposit statute's attorney's-fee provision means tenants with strong cases can often find counsel even for modest amounts.

What each side should bring: the lease (with any surrender-notice clause checked for conspicuousness), the written forwarding address and its date, the itemized list and everything supporting it (or proof none arrived within 30 days), all correspondence, and any dated room-by-room record of the unit at move-in and move-out.

常见问题

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

30 days after you surrender the premises. The refund goes to your forwarding address, so give that address to the landlord in writing — the landlord's refund and itemization duties are conditioned on it, though you never lose the deposit itself by forgetting to provide one. Miss the deadline, and the law presumes the landlord acted in bad faith.

Is there a limit on security deposits in Texas?

No. Texas sets no cap on deposit amounts — landlords may charge what the market bears. That makes Texas one of the higher-stakes deposit states in practice: with no ceiling on the deposit, there's no ceiling on what a move-out disagreement is worth.

Can a Texas landlord charge a fee instead of a security deposit?

Yes, but only as an option under § 92.111. The landlord must also offer the security-deposit option, cannot use your choice to approve or reject your application, and must give written notice of both options, their charges, and your right to switch to the deposit at any time. The fee agreement must be written and signed by both sides. A fee does not erase your duty to pay rent or legally chargeable damage beyond normal wear and tear.

What is the penalty for wrongfully keeping a deposit in Texas?

A landlord who retains a deposit in bad faith owes $100 plus three times the portion wrongfully withheld plus the tenant's reasonable attorney's fees. And the presumption works in the tenant's favor: if the landlord missed the 30-day deadline, bad faith is presumed unless the landlord can rebut it.

Does my landlord have to itemize deductions in Texas?

Yes — if any portion is kept, the landlord must provide the balance, if any, with a written description and itemized list of all deductions. The narrow statutory exception is when the tenant owes rent at surrender and there is no controversy about the amount owed. A landlord who in bad faith skips the itemization forfeits the right to withhold anything and the right to sue for the damage, and owes the tenant's reasonable attorney's fees.

Can a Texas landlord charge for normal wear and tear?

No. Deterioration from ordinary, intended use of the unit — worn carpet paths, faded paint, minor scuffs — cannot be deducted. The line is crossed only by damage from negligence, carelessness, accident, or abuse. In an action brought by a tenant under the security-deposit subchapter, it's the landlord's burden to prove that retaining each portion was reasonable.

Does Texas require a move-in inspection or checklist?

No — Texas mandates no checklist, condition report, or photos at any point. That cuts both ways: nothing forces documentation, and nothing protects the party who skipped it. Because the landlord bears the burden of proving deductions and the tenant benefits from the bad-faith presumption, a dated room-by-room record made at move-in and move-out is what each side wishes it had when the itemization gets disputed.

Do I have to give notice before moving out to get my deposit back?

Only if your lease says so — and Texas law makes such a clause effective only when the requirement is underlined or printed in conspicuous bold print in the lease. A buried advance-notice condition generally can't cost you the deposit. Check your lease's surrender language before you plan the move.

Where do deposit disputes go in Texas?

Justice court — Texas's small claims venue — which handles claims up to $20,000, more than enough to cover treble damages on almost any residential deposit. The process is informal and built for people without lawyers, and the attorney's-fee provision in the deposit statute means a tenant with a strong case can often find counsel worth the claim.

No cap on the deposit means no cap on the argument.

Document the move-in today so the move-out is boring. Photos, video, and notes for every room — offline-capable, shareable as a link or PDF. Free to start — no account, no app, no credit card.

PropInspect is a documentation tool, not a compliance service or legal-advice product. Using PropInspect does not guarantee compliance with Texas law or a particular result in a deposit dispute.

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