Start with Tex. Prop. Code §§ 92.101 to 92.109. In Texas, The cap is No statewide cap. The return deadline is 30 days after the tenant surrenders possession, with a written description and itemized list of deductions. Interest: No statewide interest requirement. That is the question this guide answers for getting a security deposit back. Wrongful withholding can support $100 plus three times the amount wrongfully withheld, plus attorney fees, under § 92.109.
Deposit limits in Texas
No statewide cap
When the deposit must be returned
30 days after the tenant surrenders possession, with a written description and itemized list of deductions
How the Texas rule applies
Apply the Texas authorities in order. The facts are simplified so the statute and the standard are visible.
A residential tenant moves out of a Texas rental and the landlord has not returned the deposit.
- Check the cap that applied when the deposit was collected: No statewide cap.
- Calendar the return deadline: 30 days after the tenant surrenders possession, with a written description and itemized list of deductions
- Interest, if any: No statewide interest requirement.
- If the landlord keeps money without the required accounting: Wrongful withholding can support $100 plus three times the amount wrongfully withheld, plus attorney fees, under § 92.109.
Texas does not cap residential security deposits statewide. Landlords must return the deposit with an itemization within 30 days under Tex. Prop. Code § 92.103. Bad-faith retention risks treble damages. Justice court handles many disputes.
Interest and accounting
No statewide interest requirement.
Penalties for wrongful withholding
Wrongful withholding can support $100 plus three times the amount wrongfully withheld, plus attorney fees, under § 92.109.
Practical process for tenants and landlords
Texas does not cap residential security deposits statewide. Landlords must return the deposit with an itemization within 30 days under Tex. Prop. Code § 92.103. Bad-faith retention risks treble damages. Justice court handles many disputes.
Document the unit with dated photos or video at move-in and move-out, keep the lease and any inspection checklist, and send a dated written demand if the deadline passes without a lawful accounting.
Related Texas guides
Case law: security deposits in Texas
Ralph and Rubye PULLEY, Appellants, v. Keith MILBERGER, Appellee
Ralph and Rubye PULLEY, Appellants, v. Keith MILBERGER, Appellee, 2006 Tex. App. LEXIS 6446 (2006)
…ing judgment against them in their lawsuit to recover their security deposit and in favor of their landlord, Keith Milberger, on his counterclaim for damages incurred in repairing the property. The Pulleys raise seven issues on appeal. In issues two through four, the Pulleys argue the trial court erred when it rendered a take-nothing judgment against them and a judgment in favo…
Practitioners open Ralph and Rubye PULLEY, Appellants, v. Keith MILBERGER, Appellee when Texas security deposits turns on the distinction in this sentence: "Keith Milberger, on his counterclaim for damages incurred in repairing the property. The Pulleys raise seven issues on appeal." Do not lift it out of the facts the court was deciding.
Stephanie WILLIAMS A/K/A Stephanie Scholler and Tim Williams, Appellants, v. William COLTHURST, Yuko Colthurst, WGW
…serting a statutory claim for wrongful withholding of their security deposit and a premises liability claim in connection with the sexual assault. With respect to the premises liability claim, the tenants alleged that the landlords had failed to equip the home with proper security devices required by statute. The tenants additionally asserted a premises liability claim against…
On security deposits, Stephanie WILLIAMS A/K/A Stephanie Scholler and Tim Williams, Appellants, v. William COLTHURST, Yuko Colthurst, WGW speaks to the Texas dispute in this passage: "With respect to the premises liability claim, the tenants alleged that the landlords had failed to equip the home with proper security devices required by statute." The surrounding opinion shows how the court applied that language to the record.
Mrs. Robert O. WILSON, Appellant, v. William A. O’CONNOR, Appellee
Mrs. Robert O. WILSON, Appellant, v. William A. O’CONNOR, Appellee, 1977 Tex. App. LEXIS 3321 (1977)
…or sued Mrs. Wilson for a “bad-faith” failure to return his security deposit. Although the trial court made no finding with respect to “bad faith” on the part of Mrs. Wilson, it nevertheless rendered a judgment against her for treble the amount of the deposit plus $100 and attorney’s fees, as authorized under section 4(a) of article 5236e for the “bad-faith” retention of a secu…
On security deposits, Mrs. Robert O. WILSON, Appellant, v. William A. O’CONNOR, Appellee speaks to the Texas dispute in this passage: "Mrs. Wilson for a “bad-faith” failure to return his security deposit. Although the trial court made no finding with respect to “bad faith” on the part of Mrs." The surrounding opinion shows how the court applied that language to the record.
Pat HOLLOWAY, Appellant, v. Walter C. DANNENMAIER, Appellee; William H. HOLLOWAY, Appellant, v. Walter C
…been sued by Walter C. Dannenmaier, tenant, for return of a security deposit held by them in connection with his lease of an apartment from them in Travis County. The'separate numbered appeals of Pat and William have been consolidated. We reverse and render. Tenant sued landlords on two counts and is seeking recovery on both. First, he seeks recovery under Tex.Rev.Civ.Stat.Ann.…
Pat HOLLOWAY, Appellant, v. Walter C. DANNENMAIER, Appellee; William H. HOLLOWAY, Appellant, v. Walter C is worth reading on Texas security deposits because the court put the point in its own words: "Walter C. Dannenmaier, tenant, for return of a security deposit held by them in connection with his lease of an apartment from them in Travis County. The'separate numbered appeals of Pat and William have been consolidated. We reverse and render." Use that passage as the starting point, then read the facts that precede it.
Kirk MICHAUX Et Al., D/B/A Treehouse Apartments, Appellants, v. Ann KOEBIG Et Al., Appellees
…t by an implied threat of criminal complaint and that their security deposits, in the sum of $90, were wrongfully withheld by the landlords. 1 The tenants sought judgment for $237 representing one month’s rent, plus $300 as triple the security deposits and $100 statutory penalty, together with damages in the sum of $250 plus $750 as attorney’s fees, a total of about $1,640. The…
On security deposits, Kirk MICHAUX Et Al., D/B/A Treehouse Apartments, Appellants, v. Ann KOEBIG Et Al., Appellees speaks to the Texas dispute in this passage: "The tenants sought judgment for $237 representing one month’s rent, plus $300 as triple the security deposits and $100 statutory penalty, together with damages in the sum of $250 plus $750 as attorney’s fees, a total of about $1,640." The surrounding opinion shows how the court applied that language to the record.
Tracy HARDY, Appellant, v. 11702 MEMORIAL, LTD; British American Properties of Houston, Inc.; And Thomas F. Noons
…s F. Noons, 1 for failure to return her $20,250 residential security deposit. Landlord counterclaimed for the entire $20,250 security deposit plus $14,017 in additional damages allegedly due to tenant’s breach of the lease. After a bench trial, the court entered a take-nothing judgment against both landlord and tenant. Tenant has presented six issues in this appeal. In her firs…
Texas opinions such as Tracy HARDY, Appellant, v. 11702 MEMORIAL, LTD; British American Properties of Houston, Inc.; And Thomas F. Noons are cited where security deposits is disputed. The court stated: "F. Noons, 1 for failure to return her $20,250 residential security deposit. Landlord counterclaimed for the entire $20,250 security deposit plus $14,017 in additional damages allegedly due to tenant’s breach of the lease." That is the language to brief; the rest of the decision supplies the procedural posture.
Amanda HOGG, Appellant, v. Jeff JAECKLE Et Al., Appellees
Amanda HOGG, Appellant, v. Jeff JAECKLE Et Al., Appellees, 1978 Tex. App. LEXIS 2795 (1978)
…KAY, Justice. This is a suit by former lessees to recover a security deposit paid to an owner of a rented house together with treble damages and reasonable attorney’s fees. Trial was before the court, and judgment was rendered for appellees for $2,500.00, such sum being treble damages in the amount of $1,500.00, a statutory penalty of $100.00, and attorney’s fees of $900.00. Je…
On security deposits, Amanda HOGG, Appellant, v. Jeff JAECKLE Et Al., Appellees speaks to the Texas dispute in this passage: "KAY, Justice. This is a suit by former lessees to recover a security deposit paid to an owner of a rented house together with treble damages and reasonable attorney’s fees. Trial was before the court, and judgment was rendered for appellees for $2,500." The surrounding opinion shows how the court applied that language to the record.
Ofelia M. MINOR, Et Al., Appellants, v. Christine ADAMS, Et Al., Appellees
…bert Dworkin acted in bad faith in failing to return a $350 security deposit to tenants Christine Adams and Thomas Molano. The court awarded the tenants the statutory penalties of $100 plus $1050 (three times the security deposit) and $750 in attorney’s fees. The landlords present six points of error on appeal. We reverse and render judgment in favor of the tenants for $350 plu…
Texas opinions such as Ofelia M. MINOR, Et Al., Appellants, v. Christine ADAMS, Et Al., Appellees are cited where security deposits is disputed. The court stated: "Dworkin acted in bad faith in failing to return a $350 security deposit to tenants Christine Adams and Thomas Molano. The court awarded the tenants the statutory penalties of $100 plus $1050 (three times the security deposit) and $750 in attorney’s fees." That is the language to brief; the rest of the decision supplies the procedural posture.
Key takeaways
- Maximum deposit: No statewide cap
- Return deadline: 30 days after the tenant surrenders possession, with a written description and itemized list of deductions
- Interest: No statewide interest requirement.
- Penalties: Wrongful withholding can support $100 plus three times the amount wrongfully withheld, plus attorney fees, under § 92.
- Primary authority: Tex. Prop. Code §§ 92.101 to 92.109.
Frequently asked questions
How much can a landlord charge for a security deposit in Texas?
No statewide cap
How long does a landlord have to return my deposit?
30 days after the tenant surrenders possession, with a written description and itemized list of deductions
What if my landlord keeps the deposit without an itemized list?
Wrongful withholding can support $100 plus three times the amount wrongfully withheld, plus attorney fees, under § 92.109.
This guide covers Texas residential security-deposit law as of 2026. Commercial leases and local ordinances can differ — verify the statute that applies to your unit.