Texas Security Deposit Laws & Calculator

Texas Security Deposit Law — Explained

The 30-Day Return Deadline

Texas law gives your landlord 30 calendar days to return your deposit after you move out and surrender the property. But there's an important catch: the clock doesn't start until you've both vacated and provided your forwarding address in writing. This is one of the most common reasons Texas renters miss out — they forget to send a written forwarding address and give their landlord an easy excuse to delay.

If your landlord makes deductions, they must also provide a written, itemized list of those deductions within the same 30-day window. Vague deductions like "repairs" without detail are not sufficient under Texas law.

What Your Landlord Can — and Cannot — Deduct

Texas landlords may deduct for unpaid rent, utilities, or fees owed under the lease, and for damage to the property that goes beyond normal wear and tear. Normal wear and tear — small nail holes, minor scuffs from furniture, faded paint from sunlight — cannot be charged to you. If your landlord deducts for replacing carpet that was already several years old when you moved in, that's likely impermissible.

Any deduction must be supported by a written description. Texas courts take a dim view of landlords who fail to provide proper documentation.

The 3× Bad Faith Penalty

Texas has one of the toughest penalty structures in the country. Under Tex. Prop. Code § 92.109, if a court finds your landlord acted in bad faith — wrongfully retaining your deposit, failing to return it on time, or providing a false accounting — you can recover:

3× the amount wrongfully withheld + $100 + reasonable attorney fees.

The law also creates a legal presumption: if your landlord doesn't return the deposit within 30 days, they are presumed to have acted in bad faith. That flips the burden — your landlord has to prove they had a legitimate reason to keep the money. This is a powerful protection for Texas renters.

No Deposit Cap — and Why That Matters

Unlike California or New York, Texas has no statewide limit on how much a landlord can charge as a security deposit. A landlord can charge two, three, or even four months' rent if they want to. This makes it especially important to negotiate the deposit amount before signing, and to document everything carefully at move-in so you have evidence of the unit's original condition.

No Interest Requirement

Texas does not require landlords to pay interest on security deposits held during the tenancy. Whatever you paid at move-in is what you're owed back (minus any valid deductions) — no interest accumulates during the lease.

What to Do If Your Landlord Is Late

1. 1
   Provide your forwarding address in writing Send an email or text with your new address before or on move-out day. Screenshot and save the confirmation. Without this, your landlord can claim the 30-day clock never started.
2. 2
   Document the unit at move-out Take dated photos and video of every room, closet, and appliance. Compare to your move-in photos if you have them. Keep your signed lease and any written communications.
3. 3
   Send a formal demand letter after 30 days Use RenterCalc's demand letter generator to create a letter citing Tex. Prop. Code § 92.109 and demanding return within 10 days.
4. 4
   Wait 10–14 days for response Give your landlord a short window. Many landlords respond to a formal demand letter once they realize you know the law.
5. 5
   File in Texas Justice Court (Small Claims) Texas small claims court handles cases up to $20,000 — one of the highest limits in the country. You can sue for 3× the withheld amount plus $100. Filing fees are typically $30–$75.
6. 6
   Consider a tenant attorney for large deposits Because Texas allows attorney fee recovery, tenant-side lawyers sometimes take cases on contingency if the facts are strong.

Security Deposit Laws in Nearby States

Compare Texas's rules with neighboring states: