Texas law gives landlords 30 days to return your security deposit after you move out — and if they don’t, you can sue them for three times the withheld amount plus attorney’s fees.

The Short Answer

In Texas, your landlord must return your security deposit within 30 days of you vacating. Texas does not cap the amount a landlord can charge for a security deposit. Deductions must be itemized in writing. Illegal deductions or failure to meet the deadline can result in the landlord owing you three times the amount wrongfully withheld plus $100 and attorney’s fees.

No Cap on Security Deposit Amount in Texas

Unlike California, Texas does not limit how much a landlord can charge as a security deposit. Landlords can charge whatever the market will bear. However, once collected, the deposit is governed by strict rules about how and when it must be returned.

The 30-Day Return Deadline

Under Texas Property Code § 92.103, your landlord must return your deposit no later than 30 days after you surrender the premises (vacate and return keys).

The landlord may keep part or all of the deposit for specific legitimate reasons, but must provide a written, itemized list of any deductions. If there are no deductions, the full deposit must be returned within 30 days.

What Can a Texas Landlord Legally Deduct?

Texas landlords can deduct for:

Unpaid rent
Unpaid utilities that were the tenant’s responsibility
Costs to repair damage beyond normal wear and tear
Costs to clean the unit if it was left dirtier than when you moved in
Lease break fees (if your lease provides for them)

What Is Normal Wear and Tear in Texas?

Texas law distinguishes between “normal wear and tear” (not deductible) and actual damage (deductible):

Normal wear and tear (cannot deduct):

Small nail holes from hanging pictures
Minor carpet wear from regular foot traffic
Faded paint from sunlight
Minor scuffs on walls

Damage beyond normal wear and tear (can deduct):

Large holes or gouges in walls
Burns or large stains on carpet
Broken windows or fixtures
Pet damage
Missing fixtures or appliances

What Happens If Your Landlord Violates the Law?

If your landlord wrongfully withholds your deposit or fails to provide an itemized list of deductions within 30 days, under Texas Property Code § 92.109 they may be liable to you for:

Three times the amount wrongfully withheld
$100 in additional damages
Your attorney’s fees

This is one of the strongest tenant penalties in the country for security deposit violations. It means landlords have a significant financial incentive to comply with the law.

Important condition: To qualify for the triple damages penalty, you must have provided your landlord with a forwarding address in writing before or after vacating. Keep a copy of the address you provided.

One Important Condition: Forwarding Address

Texas law requires you to provide your landlord with a written forwarding address to trigger the 30-day return deadline and the penalty provisions. If you didn’t provide a forwarding address, your landlord technically doesn’t have to return the deposit until you do.

Always provide your forwarding address in writing — ideally via email (so you have a timestamp) and by certified mail.

How to Get Your Deposit Back in Texas

Send your forwarding address in writing when you vacate (if you haven’t already)
Wait 30 days from the date you surrendered possession
Send a demand letter via certified mail if the deposit isn’t returned
File in Texas Justice Court (small claims) if the demand is ignored — the limit is $20,000 in Texas Justice Court

Key Statute

Texas Property Code § 92.101–92.109 governs security deposits. Read the full text at the Texas Legislature website.

Real Situations in Texas

Texas has no limit on the amount a landlord can charge as a security deposit, which means disputes sometimes involve very large sums in high-cost markets like Austin, Dallas, and Houston. The 30-day return deadline applies, but a critical procedural requirement trips up many tenants: the clock doesn’t start until the tenant both moves out and provides a written forwarding address. If you never formally provided a forwarding address in writing, the landlord can argue the 30-day period hasn’t even begun — regardless of how long ago you left.

The 3× damages plus attorney fees penalty under Texas Property Code § 92.109 is one of the strongest deposit remedies in the country, but courts have interpreted “bad faith” strictly. A landlord who made a mistake in the accounting — even an inaccurate one — may escape the treble damages if the court finds they acted in good faith. The 1× actual damages recovery (returning what was wrongfully withheld) is more reliably available. When writing your demand letter, frame the landlord’s failure as deliberate rather than accidental, and document any communications suggesting they knew the deductions were improper.

Texas courts have also seen significant litigation around carpet replacement. Landlords frequently charge for full carpet replacement when only cleaning or spot repair was warranted. If your carpet was in the unit when you moved in and showed age-related wear before you arrived, pushing back on a full replacement charge is well-supported by Texas case law.

Common Mistakes Texas Tenants Make

Not providing a written forwarding address. This single omission delays the entire 30-day return clock and gives landlords a legal basis to argue the deadline hasn’t run. Provide your forwarding address in writing — email or certified letter — on or before your move-out date, and keep a copy.

Accepting verbal assurances about the deposit. Texas landlords sometimes tell tenants their deposit will be returned “after we inspect” or “as soon as accounting is done.” These conversations mean nothing legally. Everything relevant to your deposit return should be in writing, including any disputes about deductions.

Missing the one-year window to sue. Texas has a 1-year statute of limitations on security deposit claims under Property Code § 92.109. Many tenants wait too long, pursuing informal resolution for months before realizing they need to file. If 30 days have passed and your deposit hasn’t been returned, start the legal process promptly.

Tenant Rights Guide: Know Your Rights in Every State — the complete hub for tenant protections, eviction laws, and landlord obligations
Texas Eviction Notice Requirements — what your landlord must do before starting eviction proceedings in Texas
Texas Small Claims Court — how to sue your landlord for a wrongfully withheld deposit without a lawyer
Texas Wage Theft Laws — Texas wage laws, overtime rights, and how to recover unpaid wages
Texas Tenant Rights Guide — complete tenant rights guide for Texas renters

This article is for informational purposes only and does not constitute legal advice. Always verify current rules at the source linked above or consult a licensed Texas attorney. Last reviewed: March 2026.

Texas Security Deposit Laws: Deadlines, Deductions, and Your Rights