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Deposits

Security deposit law in Texas

Texas's cap, return deadline, itemization rule, and wrongful-withholding penalty, with the controlling statute linked.

4 min read

Short answer

Texas sets no statutory limit on the security deposit a landlord may collect, and the deposit must be returned within 30 days. Wrongful withholding exposure is 3x plus $100 and fees (bad faith). The controlling text is Tex. Prop. Code § 92.101 to 109, verified July 2026; confirm the current statute before acting, since legislatures amend deposit law and cities layer stricter rules on top.

No statutory limit. The return rule is 30 days. The controlling text is Tex. Prop. Code § 92.101 to 109.

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Texas's return deadline

30 days.

You have 30 days after the tenant surrenders the unit and gives a forwarding address to return the deposit with an itemized list of any deductions. No itemized list is required if the tenant owes rent and there is no dispute about it.

The itemized statement rule

A written itemized list of deductions is required within 30 days whenever there is a balance kept, unless the only deduction is undisputed unpaid rent. The forwarding address is what starts the clock.

Account and interest rules

Texas sets no separate-account or interest requirement. Hold the deposit apart from operating cash as a matter of practice.

Exposure for wrongful withholding

3x plus $100 and fees (bad faith).

A landlord who acts in bad faith by keeping the deposit or failing to give the itemized list forfeits the deposit and is liable for three times the wrongfully withheld amount plus $100 and attorney fees. Bad faith is presumed if you keep the deposit past 30 days without the list.

Texas has no statutory deposit maximum

No statutory limit.

Compare Texas with neighboring states

  • New Mexico: one month's rent; return rule: 30 days.
  • Oklahoma: no statutory limit; return rule: 30 days after demand.
  • Arkansas: two months' rent; return rule: 60 days.
  • Louisiana: no statutory limit; return rule: 30 days.

Verified against Tex. Prop. Code § 92.101 to 109 and official state sources in July 2026. Before withholding money, check the current statute text or ask a local landlord-tenant attorney. General information, not legal advice.

Questions landlords actually ask

Does Texas cap residential security deposits?
No statutory limit
What is the security deposit return deadline in Texas?
30 days. You have 30 days after the tenant surrenders the unit and gives a forwarding address to return the deposit with an itemized list of any deductions. No itemized list is required if the tenant owes rent and there is no dispute about it.
What itemization does Texas require?
A written itemized list of deductions is required within 30 days whenever there is a balance kept, unless the only deduction is undisputed unpaid rent. The forwarding address is what starts the clock.
What is the wrongful-withholding exposure in Texas?
3x plus $100 and fees (bad faith). A landlord who acts in bad faith by keeping the deposit or failing to give the itemized list forfeits the deposit and is liable for three times the wrongfully withheld amount plus $100 and attorney fees. Bad faith is presumed if you keep the deposit past 30 days without the list.