Texas security deposit law

• Refund the deposit, with a written description and itemized list of any deductions, on or before the 30th day after the tenant surrenders the premises (§§ 92.103, 92.104).

The landlord isn't obligated to return the deposit or itemize deductions until the tenant gives a written statement of a forwarding address. The tenant doesn't forfeit the deposit just by failing to give one (§ 92.107).

Required: Yes. Written description and itemized list of all deductions. Not required if the tenant owes rent at surrender and the amount of rent owed isn't disputed (§ 92.104(c)).

The landlord may not keep any part of the deposit for normal wear and tear (§ 92.104(b)). Normal wear and tear is deterioration from intended use of the dwelling. It doesn't include deterioration from negligence, carelessness, accident, or abuse by the tenant, household members, or guests (§ 92.001).

The statute doesn't address nonrefundable fees directly. A security deposit excludes a rental application deposit and advance rent (§ 92.102). A landlord may offer a recurring fee in lieu of a deposit, but must also offer a regular deposit option. Such a fee is treated as a deposit unless used to buy qualifying insurance under a signed agreement (§ 92.111).

• Interest required: No. No statewide interest requirement.
• Separate account required: No. No separate-account requirement. The landlord must keep accurate records of all deposits (§ 92.106).
• Move-in inspection required: No. The deposit subchapter doesn't require a move-in inspection or checklist.

Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees (§ 92.109(a)). A landlord who in bad faith fails to itemize forfeits the right to withhold any of the deposit or sue for damage, and owes attorney's fees (§ 92.109(b)).

A landlord who neither returns the deposit nor provides a written itemization on or before the 30th day after surrender is presumed to have acted in bad faith. The landlord has the burden of proving that any retention was reasonable (§ 92.109(c)–(d)).

Justice court small claims cases up to $20,000. Court information

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• A lease rule requiring advance notice of move-out as a condition of refund is enforceable only if it's underlined or in conspicuous bold print (§ 92.103(b)).
• A tenant may not withhold the last month's rent on the grounds that the deposit covers it. A tenant who does so is presumed to act in bad faith and can owe three times the rent withheld plus attorney's fees (§ 92.108).
• A refund or itemization is presumed timely if it's mailed and postmarked on or before the deadline (§ 92.1041).
• A new owner becomes liable for existing deposits and must give tenants a signed statement of the deposit amount (§ 92.105).
• Since September 1, 2025, deposit notices may be sent by e-mail if the parties have previously communicated by e-mail (§ 92.113).
• If a tenant never moves in, the landlord may not keep the deposit or prepaid rent when a satisfactory replacement tenant moves in by the lease start date. If the landlord found the replacement, the landlord may deduct only the lease's cancellation fee or actual re-letting expenses (§ 92.1031).
• Since September 1, 2025, a managing agent, leasing agent or resident manager is the landlord's agent for deposit notices and communications (§ 92.112).

• Tex. Prop. Code ch. 92, subch. C (§§ 92.101–92.113) and § 92.001 Retrieved October 11, 2026.
• Texas State Law Library: Small claims maximum Retrieved October 11, 2026.

Laws change. This page was checked against the sources above on October 11, 2026. It is legal information, not legal advice; see our methodology.