In Texas, security deposit rules for residential leases are in Chapter 92, Subchapter C of the Texas Property Code (Sections 92.101 to 92.113). The Texas Attorney General also publishes a plain-language renters' rights page. This guide covers the parts renters ask about most, with a source link for each point.
This is general information, not legal advice. Your lease and local rules may add requirements. Check the linked official source, or talk to a qualified local advisor about your situation.
At a glance
| Topic | What the statute says | Source |
|---|---|---|
| Refund deadline | On or before the 30th day after you surrender the premises | Prop. Code § 92.103(a) |
| Forwarding address | Landlord doesn't have to refund or itemize until you give a written forwarding address | § 92.107 |
| Deductions | Damages and charges you're legally liable for under the lease; never normal wear and tear | § 92.104(a)–(b) |
| Itemization | Written description and itemized list of all deductions, with limited exceptions | § 92.104(c) |
| Bad faith | $100, plus three times the amount wrongfully withheld, plus attorney's fees | § 92.109(a) |
| Interest | Subchapter C does not require interest | §§ 92.101–92.113 |
For more context on security deposit rules across states, see the security deposit rules by state guide.
See how this compares with other states in how long a landlord has to return a security deposit.
Refund deadline
The landlord must refund the deposit on or before the 30th day after the date you surrender the premises (§ 92.103(a)). If the landlord keeps any of it, the landlord must send the balance with a written description and itemized list of all deductions (§ 92.104(c)).
Your forwarding address matters. The landlord isn't obligated to return the deposit or send the list of deductions until you give a written statement of your forwarding address for the refund. You don't forfeit your right to the refund, or to the list of deductions, merely because you didn't give one (§ 92.107). The Attorney General's page makes the same point (Texas Attorney General).
Advance notice clauses. A lease can require you to give advance notice of moving out as a condition of getting the deposit back, but only if that requirement is underlined or in conspicuous bold print in the lease (§ 92.103(b)). Check your lease for it well before you move.
Mail and email. A refund or accounting is presumed to be on time if it's mailed and postmarked on or before the due date (§ 92.1041). Notices under this subchapter may be sent by email if you and the landlord (or the landlord's agent) have already communicated by email (§ 92.113).
If the landlord misses the deadline. A landlord who fails to return the deposit or to provide the itemized list on or before the 30th day after you surrender possession is presumed to have acted in bad faith (§ 92.109(d)). See the bad-faith section below for what that can mean.
For more on telling wear from damage, see our guide to normal wear and tear.
Allowed deductions
Before refunding, the landlord may deduct damages and charges that you're legally liable for under the lease, or that result from breaking the lease (§ 92.104(a)). The landlord may not keep any part of the deposit to cover normal wear and tear (§ 92.104(b)).
What "normal wear and tear" means. The Property Code defines it as deterioration from the intended use of the home. It doesn't include deterioration from negligence, carelessness, accident, or abuse by you, your household, or your guests (§ 92.001(4)). The Attorney General gives an example: carpet that simply wears from a year of walking on it isn't chargeable, but carpet that mildews because a water bed leaked may be (Texas Attorney General).
The itemized list. The landlord can skip the written description and itemized list only if you owe rent when you surrender the premises and there's no dispute about how much rent you owe (§ 92.104(c)).
Don't skip the last month's rent. You may not withhold the last month's rent on the grounds that the deposit covers it. A tenant who does so is presumed to have acted in bad faith and can owe three times the rent withheld, plus the landlord's attorney's fees (§ 92.108).
Interest
The deposit sections of the Property Code (Subchapter C, Sections 92.101 to 92.113) do not include a requirement for landlords to pay interest on security deposits (§§ 92.101–92.113). Your lease may say more, so read it.
Bad-faith penalties
- Keeping the deposit in bad faith: the landlord is liable for $100, plus three times the portion wrongfully withheld, plus your reasonable attorney's fees in a suit to recover the deposit (§ 92.109(a)).
- Not providing the itemized list in bad faith: the landlord forfeits the right to keep any part of the deposit or to sue you for damage to the premises, and is liable for your reasonable attorney's fees (§ 92.109(b)).
- Burden of proof: in a tenant's suit, the landlord must prove that keeping any portion was reasonable (§ 92.109(c)).
These duties can't be waived in a lease (§ 92.006(a)).
Some cities have their own housing rules as well, so check local requirements where you live.
You can also work through our move-in checklist on day one and our move-out checklist on your last day.
What to keep on record at move-in and move-out
The Texas rules turn on two questions: was it normal wear and tear, and did the paperwork arrive on time? Your own records help with both.
- At move-in: photograph every room (wide shot, then close-ups of existing marks) and send the landlord a dated list of existing issues. The move-in inspection checklist walks through it room by room.
- During the tenancy: log problems when you notice them, especially leaks or breakages you reported, and keep the landlord's replies.
- At move-out: repeat the same photos in the same order. The rental damage photo checklist covers useful angles and close-ups.
- Paper trail: keep a copy of your written forwarding address and the date you sent it, the date you returned the keys, and any notice you gave under the lease.
- After move-out: keep the itemized list and compare it with your photos. The security deposit evidence checklist covers what to gather if something is unclear.
An organized, dated record makes a deduction list easy to review rather than easy to dispute. RentSeal is one way to keep that record: move-in photos organized by room, issues logged with dates, and an evidence pack you can export as a PDF or share as a read-only link if your deposit is ever disputed.
Ask for it in writing
If the deadline has passed or you disagree with a deduction, put it in writing. Our free security deposit demand letter writes a polite, dated letter that names your state's law, lists each charge you dispute and asks for the money or for receipts within a set number of days. Nothing you type leaves your browser.
Sources
- Texas Property Code, Chapter 92 (Sections 92.001, 92.006, and Subchapter C, 92.101–92.113), Texas Constitution and Statutes: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm (Last checked: September 28, 2026)
- Texas Attorney General, "Renters' Rights": https://www.texasattorneygeneral.gov/consumer-protection/home-real-estate-and-travel/renters-rights (Last checked: September 28, 2026)
Before you act
This is general information, not legal advice. Deposit rules change, and your lease or local rules may add requirements. For your own situation, read the linked official source or speak with a qualified local advisor.