Texas security deposit law: the 30-day rule and the bad-faith penalty

The rule

Within 30 days of move-out the landlord must refund the deposit or give a written, itemized list of deductions. If a deduction is made, the list must be mailed to your last known address — so a forwarding address you can prove is worth keeping. Tex. Prop. Code § 92.103.

The penalty for bad faith

A landlord who retains the deposit in bad faith can be liable for three times the amount wrongfully withheld, plus reasonable attorney’s fees. Tex. Prop. Code § 92.109. Texas is one of the states in this guide where the statutory consequence is expressly multiplied, rather than limited to the amount kept.

The cap and the court

Texas sets no statutory cap on the deposit; one month’s rent is the common practice, and the amount is agreed in the lease. Deposit claims go to the Justice Court for the precinct where the rental is, and the Justice Court limit is $20,000 — Texas raised it from $10,000. Filing fees are set county by county and rise with the amount claimed, with service costs charged separately.

Common questions

How long does a Texas landlord have to return a deposit?

30 days after move-out, under Tex. Prop. Code § 92.103. Within that time the landlord must refund the deposit or send a written, itemized list of deductions.

Does Texas limit how much a landlord can charge?

No. Texas sets no statutory cap; one month’s rent is the common practice, agreed in the lease rather than fixed by statute.

Is this legal advice?

No. This page is general information about Texas law, with sources, and is not tailored to your situation.