If you are moving out of a Texas rental, the deposit rules are more specific than most renters realize. Tex. Prop. Code §§ 92.101-92.109 covers how long your landlord has to return the money, what they can legally keep, and what happens when they do not follow the rules. Here is what to do before you hand back the keys, and what to do if the check never shows up.
Rented from a Texas landlord? Leave a review on RentWise. Deposit handling is one of the first things renters check before signing. Your honest take tells the next person what to expect at move-out.
In this guide
The deadline to get your deposit back
In Texas, the deadline is 30 days. The controlling law is Tex. Prop. Code §§ 92.101-92.109, which sets the deadline, the itemization duty, and the penalty in one place. Exactly when the clock starts depends on the statute's terms, usually the end of the tenancy and your move-out, and in Texas the written forwarding address is part of the picture (next section).
One more detail: if your lease requires advance notice of your move-out date as a condition of getting the deposit back, that clause is only enforceable if it was underlined or in conspicuous bold print in the lease.
The written forwarding address
Texas ties part of this process to a step that costs you five minutes: giving your landlord a forwarding address in writing. The rule: The landlord's refund/itemization duty is suspended until the tenant gives a written forwarding address (but the tenant never forfeits the underlying right by omitting it).
So the practical rule is: the 30 days runs from your move-out date or the date you give a written forwarding address, whichever is later. That one step puts the deadline and every penalty below into play.
Do it in writing (text and email count if you can prove the date), do it at or before move-out, and keep a copy. It is the cheapest insurance in this whole process.
What a landlord can withhold
Under Tex. Prop. Code §§ 92.101-92.109, a Texas landlord can use your deposit only for:
- Unpaid rent
- Charges/fees the tenant is liable for under the lease
- Repair of actual damage beyond normal wear and tear
Itemization is not optional. If your landlord withholds anything, here is what the statute requires: If the landlord keeps any part, it must give a written itemized list of all deductions with the balance. No itemized list is required if the tenant owed rent at surrender and there is no dispute about the amount.
Texas sets no statutory cap on how much a landlord can collect as a deposit.
What a landlord cannot withhold
The allowed list in Texas stops at normal wear and tear. A landlord cannot charge you for the ordinary aging of a unit that comes from someone living in it. Charges renters successfully push back on:
- Faded paint or light scuffs after a normal tenancy
- Carpet worn in the walking paths from regular use
- Nail holes and minor marks from hanging things, in most cases
- General cleaning to a normal level, as opposed to real filth or damage
- "Wear and tear" or "make ready" fees dressed up as damage
The rule of thumb: things that wear out from normal living are the landlord's cost of doing business. Things that broke because someone broke them are yours. If your itemized list charges you for ordinary wear, that is grounds to push back, though a specific dispute can still turn on the facts and photos on both sides.
How to protect your deposit before you move out
The highest-value thing you can do is take dated photos at move-in and again at move-out. Phone photos carry a timestamp and are commonly accepted as evidence in small claims court. Cover:
- Every wall, close enough to show condition
- Floors, especially corners and high-traffic paths
- Appliances, inside and out
- Bathroom fixtures, grout, and caulk
- Any pre-existing damage, with close-ups
Then, before you hand back the keys:
- Give your forwarding address in writing, with a date you can prove.
- Take a second round of photos matching your move-in set.
- Keep every text and email with the landlord about the unit's condition.
- Keep a full copy of your lease, including any notice terms for moving out.
The penalty for wrongly keeping your deposit
Texas law puts a price on getting this wrong. The rule: $100 plus 3x the wrongfully withheld amount plus reasonable attorney's fees. A landlord who misses the 30-day deadline is presumed to have acted in bad faith. What triggers it: bad-faith retention (presumed if the 30-day deadline is missed).
The landlord also carries the burden of proving any amount they kept was reasonable, and a landlord who in bad faith fails to give the itemized list forfeits the right to keep any of the deposit at all.
A penalty is not automatic: you have to ask for it, usually in small claims court, and the facts have to support it.
Taking your landlord to small claims court
If the deadline passes and the money does not show up, deposit disputes in Texas go to Justice Court (Justice of the Peace), which hears claims up to $20,000. You do not need a lawyer.
Bring:
- Your lease
- Your move-in and move-out photos
- Proof of the written forwarding address and its date
- Your written communications with the landlord
- The itemized deduction list the landlord sent, or proof they sent none
- A copy of any demand letter you sent
Start with a short written demand letter before filing: state the amount, cite Tex. Prop. Code §§ 92.101-92.109, and give a deadline to pay. Plenty of disputes end there, and the letter itself becomes evidence if yours does not.
After it is over
No matter how your case ends, the last step matters most for the next renter: write down what happened. Leave a review of the landlord on RentWise. Deposit handling is one of the most-read parts of a landlord's record, because everyone wants to know what move-out really looks like.
Pay it forward. The next renter is going to look this landlord up before signing. Be the review that warns them, or the one that reassures them. Leave your honest review on RentWise. It takes 2 minutes.
Frequently asked questions
How long does a landlord have to return a security deposit in Texas?
30 days. The full rule, including exactly when the clock starts, is in Tex. Prop. Code §§ 92.101-92.109.
What can a Texas landlord deduct from the deposit?
Under Tex. Prop. Code §§ 92.101-92.109: unpaid rent; charges/fees the tenant is liable for under the lease; repair of actual damage beyond normal wear and tear.
Can my landlord charge me for normal wear and tear?
No. In Texas, allowed deductions stop at damage beyond normal wear and tear. Ordinary aging of the unit from everyday living is the landlord's cost of doing business, not yours.
Is there a limit on how much a Texas landlord can charge for a deposit?
No. Texas sets no statutory cap on how much a landlord can collect as a deposit.
What happens if my landlord wrongly keeps the deposit?
$100 plus 3x the wrongfully withheld amount plus reasonable attorney's fees. A landlord who misses the 30-day deadline is presumed to have acted in bad faith. Enforcement is up to you, usually in Justice Court (Justice of the Peace).
Do I have to give my landlord a forwarding address?
It is strongly in your interest, and in writing. The landlord's refund/itemization duty is suspended until the tenant gives a written forwarding address (but the tenant never forfeits the underlying right by omitting it).
Renting somewhere new? The best way to avoid a deposit fight is to not rent from a landlord who picks one. Before your next lease, look up the landlord on RentWise and see what other renters reported.
This guide is general information, not legal advice, and outcomes depend on the specific facts of your situation. Security deposit law changes; verify the current rules with the Texas State Law Library guide to security deposits or get free help from TexasLawHelp. Facts last checked against the cited statute on 2026-07-18.