Security Deposit Laws in Houston, Texas
Based on Tex. Prop. Code § 92.109 · Last verified 2026
Houston landlords must return security deposits within 30 days of move-out under Tex. Prop. Code § 92.109. File in Harris County Justice of the Peace — Precinct 1 if they don't.
●Texas State Law
Texas Security Deposit Rules
●Deductions
What Can My Landlord Deduct in Houston?
Allowed Deductions
- +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
Prohibited Deductions
- ✕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
●Court Information
Where to File Your Claim in Houston
●Step-by-Step
How to File a Security Deposit Claim in Houston
- 1
Send a demand letter
Before filing in court, send your landlord a formal demand letter citing Tex. Prop. Code § 92.109. Give them 7-14 days to respond. DepositHawk can generate this letter for you.
- 2
Gather your evidence
Collect your lease, move-in/move-out photos, security deposit receipt, any communication with your landlord, and the itemized deduction list (if one was provided).
- 3
File at Harris County Justice of the Peace — Precinct 1
Go to 1301 Franklin St, Houston, TX 77002 or check if online filing is available. Bring a completed small claims form and the filing fee ($35-$54). File in the county where the rental property is located.
- 4
Serve your landlord
After filing, you must formally serve your landlord with the court papers. The court clerk can explain your options — typically by certified mail or a process server.
- 5
Attend the hearing
Present your evidence to the judge. No lawyer is needed. The entire process typically takes 30-90 days from filing to judgment. If you win, Texas law may award you Actual damages + $100 in damages.
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●Related Resources
Other Texas Cities
This information is based on Tex. Prop. Code § 92.109 as of 2026. Laws change. Verify current statutes at your state legislature's website. Court information should be confirmed directly with Harris County Justice of the Peace — Precinct 1 before visiting.
●Frequently Asked Questions
Frequently Asked Questions
How long does my landlord have to return my deposit in Houston?
Under Tex. Prop. Code § 92.109, landlords in Houston, Texas must return the security deposit within 30 days after the tenancy ends. They must also provide an itemized statement of any deductions.
Where do I file a small claims case for my deposit in Houston?
File at Harris County Justice of the Peace — Precinct 1, located at 1301 Franklin St, Houston, TX 77002. The filing fee ranges from $35 to $54. No lawyer is required.
What penalties can I get if my Houston landlord withholds my deposit?
Texas law provides for Actual damages + $100 as damages when a landlord wrongfully withholds a security deposit past the 30-day deadline.
Can my landlord deduct for normal wear and tear in Houston?
No. Under Tex. Prop. Code § 92.109, normal wear and tear — minor scuffs, small nail holes, carpet worn from regular use — cannot be deducted from your security deposit in Texas.
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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.