Texas Security Deposit Law
Texas rules on security deposits for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113)
The rules in Texas
| Security deposit limit | No statutory cap. Subchapter C regulates refunds but sets no maximum amount. A landlord may offer a fee in lieu of a security deposit (Sec. 92.111). |
|---|---|
| Deposit return deadline | On or before the 30th day after the tenant surrenders the premises. Landlord is not obligated to return the deposit or give an itemization until the tenant gives a written statement of a forwarding address (Sec. 92.107). A lease requirement of advance notice of surrender as a condition of refund is enforceable only if underlined or in conspicuous bold print (Sec. 92.103(b)). Source: Tex. Prop. Code Sec. 92.103(a) |
| Itemized deductions | Required: written description and itemized list of all deductions, with the balance of the deposit. No deductions for normal wear and tear. Not required if the tenant owes rent at surrender and there is no dispute about the amount owed. Source: Tex. Prop. Code Sec. 92.104 |
| Interest on deposits | No statutory requirement to pay interest. No interest provision appears in Subchapter C. Source: Tex. Prop. Code ch. 92, subch. C |
| Penalty for withholding | Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees. Bad-faith failure to itemize: landlord forfeits the right to withhold any portion and to sue for damages, and owes attorney's fees. Failure to refund or itemize within 30 days is presumed bad faith. Landlord bears the burden of proving retention was reasonable (Sec. 92.109(c)). A tenant who in bad faith withholds last month's rent on the ground that the deposit covers it is liable for three times the rent withheld plus attorney's fees (Sec. 92.108). Source: Tex. Prop. Code Sec. 92.109 |
Free calculators
- Security Deposit Deadline Calculator — See when your landlord must return your deposit, and the penalty your state sets if they don't.
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Related questions
- How long does a landlord have to return a security deposit?
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Texas vs. neighboring states
| State | Security deposit limit | Deposit return deadline | Itemized deductions |
|---|---|---|---|
| Texas | No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113) | On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a) | Required: written description and itemized list of all deductions, with the balance of the deposit. No deductions for normal wear and tear. Not required if the tenant owes rent at surrender and there is no dispute about the amount owed. Tex. Prop. Code Sec. 92.104 |
| Arkansas | Two months' rent. Example: with rent of $500, the maximum deposit is $1,000. The deposit rules apply only to landlords who rent six or more dwellings. Ark. Code Ann. §§ 18-16-303, 18-16-304 | Within 60 days after the tenant moves out. Ark. Code Ann. § 18-16-305 | The landlord may deduct unpaid rent and the cost of repairing damage. Any deductions require a written, itemized list delivered to the tenant within 60 days of vacating. Ark. Code Ann. § 18-16-305 |
| Louisiana | No statutory cap La. R.S. 9:3251-3254 | Within one month after the lease terminates. If the landlord keeps any part, the itemized statement is due within one month after the tenancy ends. As of Aug. 1, 2026, the landlord may instead send it within an additional 15 days after that one-month date. La. R.S. 9:3251(A), as amended by Acts 2026, No. 63 (HB 292), eff. Aug. 1, 2026 | If any part of the deposit is kept for the tenant's default or unreasonable wear, the landlord must send an itemized statement of the amounts kept and the reasons. It is due within one month after the tenancy ends, or within an additional 15 days after that date (2026 amendment). La. R.S. 9:3251(A) |
| New Mexico | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A) | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C) | If any amount is kept, the owner must give an itemized written list of deductions and the balance within 30 days. No deductions for normal wear and tear; allowed for unpaid rent/utilities, repair work and other legitimate damages from the resident's noncompliance. NMSA 1978, § 47-8-18(C) |
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | Deductions (accrued rent and damages from tenant noncompliance) must be itemized in a written notice delivered to the tenant by mail with return receipt requested or in person if the tenant can reasonably be found. 41 O.S. § 115(B) |
City rules that may add to state law
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Compare security deposits in all 50 states and DC →
Texas Security Deposit Law FAQ
How much can a landlord charge for a security deposit in Texas?
No statutory cap. (Tex. Prop. Code ch. 92, subch. C (92.101-92.113))
How long does a landlord have to return a security deposit in Texas?
On or before the 30th day after the tenant surrenders the premises. (Tex. Prop. Code Sec. 92.103(a))
Does a landlord in Texas have to give an itemized list of deposit deductions?
Required: written description and itemized list of all deductions, with the balance of the deposit. No deductions for normal wear and tear. Not required if the tenant owes rent at surrender and there is no dispute about the amount owed. (Tex. Prop. Code Sec. 92.104)
Does a landlord have to pay interest on a security deposit in Texas?
No statutory requirement to pay interest. (Tex. Prop. Code ch. 92, subch. C)
What happens if a landlord in Texas wrongfully keeps a security deposit?
Bad-faith retention: $100 + three times the portion wrongfully withheld + reasonable attorney's fees. Bad-faith failure to itemize: landlord forfeits the right to withhold any portion and to sue for damages, and owes attorney's fees. Failure to refund or itemize within 30 days is presumed bad faith. (Tex. Prop. Code Sec. 92.109)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.