Security Deposit Laws in Texas

Based on Tex. Prop. Code § 92.109 · Last verified 2026

Texas Security Deposit at a Glance

Return Deadline
30 days after move-out
Penalty for Late Return
Actual damages + $100
Statute
Tex. Prop. Code § 92.109
Max Deposit
No statutory limit
Itemized Statement Required
Yes (within 30 days)
Walk-Through Required
No
Interest on Deposit
No
Small Claims Limit
$20,000
Filing Fee
~$46

Your Rights Under Tex. Prop. Code § 92.109

Under Tex. Prop. Code § 92.109, landlords in Texas must return a tenant's security deposit — or the balance after lawful deductions — within 30 days after the tenancy ends and the tenant vacates the unit. Along with the return, the landlord must provide a written, itemized statement of any deductions within 30 days. Failure to provide this statement is independently actionable.

If a landlord fails to return the deposit within 30 days, Texas law provides for the actual deposit amount plus $100 in additional penalties.

What Your Landlord CAN Deduct

These deductions are permissible under Texas law when properly documented.

  • Unpaid rent
  • Damage beyond normal wear and tear
  • Cleaning if lease requires and unit was left dirty
  • Lease-break fees if specified in lease
  • Costs to replace items tenant removed or kept

What Your Landlord CANNOT Deduct

These deductions are illegal in Texas. If your landlord charged you for any of these, you have grounds to dispute them.

  • Normal wear and tear (minor scuffs, small nail holes, faded paint)
  • Carpet replacement after useful life (typically 7-10 years)
  • Painting after 2+ year tenancy (normal wear)
  • Pre-existing damage not noted at move-in
  • Upgrades or improvements beyond restoring to original condition
  • Costs to fix landlord deferred maintenance
  • Repairs not documented with receipts

Small Claims Court in Texas

Court
Justice of the Peace Court (Small Claims)
Claim Limit
$20,000
Filing Fee
~$46

If your landlord ignores your demand letter, small claims court is designed for exactly this kind of dispute. No lawyer is required — most tenants represent themselves. File in the county where the rental property is located. Bring your lease, move-out checklist, any written communications, and photos of the unit. The entire process typically takes 30–90 days from filing to judgment.

Frequently Asked Questions

How long does my landlord have to return my deposit in Texas?

Under Tex. Prop. Code § 92.109, landlords in Texas must return the security deposit within 30 days after the tenancy ends. They must also provide an itemized statement of any deductions within 30 days.

What happens if my Texas landlord doesn't return my deposit on time?

If a landlord fails to return the deposit within 30 days, Texas law provides for the actual deposit amount plus $100 in additional penalties. You can send a formal demand letter and, if ignored, file in Justice of the Peace Court (Small Claims) without an attorney.

Can my landlord deduct for normal wear and tear in Texas?

No. Under Tex. Prop. Code § 92.109, normal wear and tear — including minor scuffs, small nail holes, and carpet worn from normal use — cannot be deducted from your security deposit in Texas. Only damage beyond normal wear and tear is a valid deduction.

How do I file a small claims case for my security deposit in Texas?

File in Justice of the Peace Court (Small Claims) in the county where the rental property is located. The filing fee is approximately $46, and Texas's small claims limit is $20,000. No lawyer is required. Bring your lease, move-out documentation, and any written communications with your landlord.

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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation. This information is based on Tex. Prop. Code § 92.109 as of 2026. Laws change. Verify current statutes at your state legislature's website.