A breakdown of Texas landlord-tenant laws on security deposits.
Most residential leases and rental agreements in Texas require a security deposit. This is a dollar amount, usually one month's rent, that's intended to cover damage to the premises beyond normal wear and tear, and to cushion the financial blow if a tenant skips out early on the lease without paying. Here’s a summary of Texas landlord-tenant laws that cover the use and return of security deposits.
Does Texas law limit how much a landlord can charge a tenant for a security deposit?
No. In Texas, there's no statutory limit on security deposits at the state level, but check your city and county laws to see if your municipality has set a cap on security deposits for residential rentals.
To learn more about steps that tenants can take to protect their security deposit after they've paid it, check out Nolo's article Protect Your Security Deposit When You Move In.
What about when a tenant moves out? What is the deadline in Texas for returning a security deposit?
Under Texas law, a landlord must return the tenant's security deposit within 30 days after the tenant has moved out. Landlord need not refund deposit if lease requires tenant to give written notice of tenant's intention to surrender the premises.
Learn more about tenants' rights and landlords' obligations when it comes to the return of the security deposit in Nolo's chart Cleaning and Repairs a Landlord Can Deduct from a Security Deposit and Nolo's article Get Your Security Deposit Back.
Is there additional information that Texas landlords must provide to tenants when it comes to security deposits in Texas?
Not at the state level in Texas. But be sure to check your local (county, city, or town) laws to see if your municipality requires landlords to take additional steps when it comes to tenants' security deposits.
Where can I look up Texas law on security deposits?
If you want to go right to the source and look up Texas law on security deposits -- or if you're writing a letter to your landlord or tenant and want to cite the applicable law -- the relevant statute(s) can be found at Texas Property Code Annotated § § 92.101 to 92.109. To access your state law, check out the Library of Congress’s legal research site.
Updated: November 2017
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