State Law Guide · Updated January 2026
Your landlord's deductions may not hold up under state law.
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
Your landlord was required to follow these rules exactly. If they didn't, you may be owed your full deposit back — plus penalties. A generic complaint gets ignored. A letter citing Texas Property Code § 92.103 deadlines and HUD depreciation schedules gets results. Upload their deduction letter to find out.
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.
How It Works
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Get a Demand Letter That Cites These Laws
Our tool analyzes your landlord's deductions against Texas Property Code § 92.103 and federal HUD guidelines, then generates a formal demand letter you can send immediately.
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HUD/IRS Citations
Useful life depreciation built in
"After a 7-year tenancy they charged $1,200 for carpet. That carpet was shredded — you could see the padding underneath. Got every penny back."
— East Texas
$19 to recover up to $1,400. That's a 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.
Have your landlord's deduction letter handy?
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
See how Texas's security deposit laws compare to nearby states:
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Average Texas deposit: $1,400 · Based on Texas Property Code § 92.103 · HUD Handbook 4350.1 · IRS Publication 527