State Law Guide · Updated January 2026
Texas Security Deposit Laws
Under Texas Property Code § 92.103, Texas landlords must return security deposits within 30 days of a tenant moving out. Landlords who wrongfully withhold deposits face penalties of up to $100 plus 3x portion wrongfully withheld plus attorney fees.
Quick Answer
In Texas, landlords have 30 days to return your security deposit after you move out and provide a forwarding address. The maximum deposit is No statutory limit. If your landlord wrongfully withholds your deposit, you can sue in Small Claims Court (up to $20,000) and may recover $100 plus 3x portion wrongfully withheld plus attorney fees under Texas Property Code § 92.103. Landlords must provide an itemized statement of deductions.
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What Texas Law Requires
Return Deadline
Landlords have exactly 30 days to return your deposit after you move out. If they make deductions, they must provide an itemized statement explaining each charge with documentation.
Penalties for Violations
Landlords who wrongfully withhold deposits face $100 plus 3x portion wrongfully withheld plus attorney fees. You can file in small claims court for amounts up to $20,000without needing an attorney.
Interest Requirements
No interest requirement
Common Deductions Landlords Make
Federal guidelines from HUD and the IRS establish "useful life" standards that limit what landlords can charge. Many common deductions are partially or fully invalid under these guidelines.
Carpet Replacement
Typical: $500-1,8005-year useful life per HUD MAP Guide Appendix 5C. Charges may be reduced or invalid based on how long you lived there.
AC/HVAC System
Typical: $200-80015-year useful life per IRS Publication 527. Charges may be reduced or invalid based on how long you lived there.
Pool/Spa Maintenance
Typical: $150-500May be contestable depending on your lease terms and move-in condition.
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HUD/IRS Citations
Useful life depreciation built in
$19 · Avg Texas deposit: $1,400 · Potential 73x return
Frequently Asked Questions
How long does a Texas landlord have to return my deposit?
Texas landlords have 30 days to return your deposit. Failure to comply can result in $100 plus 3x wrongfully withheld amount.
Is there a deposit limit in Texas?
No. Texas has no statutory limit on security deposits.
What are Texas's penalty provisions?
Bad faith withholding results in $100 penalty plus 3x the amount wrongfully withheld plus attorney fees. Texas has strong penalty provisions despite no deposit cap.
Can I be charged for AC repairs in Texas?
Only for damage you caused. Heavy summer use is expected. HVAC has 15-year useful life under IRS guidelines.
City-Specific Rules
Some Texas cities have additional tenant protections:
- Austin: Additional tenant resources. Active housing advocacy.
- Houston: No city-specific protections but active legal aid resources.
- Dallas: Growing tenant advocacy movement.
Official Resources
- Texas Attorney General Consumer Protection(Government)
- Texas RioGrande Legal Aid(Legal Aid)
- Lone Star Legal Aid(Legal Aid)
Compare Other States
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Based on Texas Property Code § 92.103 · HUD Handbook 4350.1 · IRS Publication 527