Texas Security Deposit Law in 2026 — What Renters Need to Know
Texas landlords are presumed to act in bad faith if they miss the 30-day deposit return deadline. Here's what §92.109 says — and how to make it stick.
The basics: Texas Property Code §§92.101–92.109 (Subchapter C)
- Maximum deposit
- None (no statutory maximum)
- Return window
- 30 days after tenant surrenders possession
- Itemization required
- Required: written description + itemized list of deductions if any are withheld. NOT required if tenant owes rent and there's no controversy over the amount.
- Move-in documentation
- No statutory move-in inspection or documentation requirement.
The catch: enforcement quirk worth knowing
Landlord who misses the 30-day deadline is PRESUMED to have acted in bad faith — tenant can recover $100 + 3× the wrongfully withheld amount + reasonable attorney's fees (§92.109). The presumption flips the burden onto the landlord.
What you can do as a renter
- Photograph everything on move-in day. Date-stamped phone photos are admissible evidence in every state.
- Document the same areas at move-out. Same angles. Same lighting if possible.
- Keep records for 60+ days post-vacate. Most state-statute return windows close in 14–60 days; the small-claims clock runs after that.
FAQ
How long does my Texas landlord have to return my deposit?
Per Texas Property Code §§92.101–92.109 (Subchapter C): 30 days after tenant surrenders possession, with the required itemization.
What is the maximum deposit a Texas landlord can charge?
Per Texas Property Code §§92.101–92.109 (Subchapter C): None (no statutory maximum).
What is the penalty if my Texas landlord wrongfully withholds my deposit?
Landlord who misses the 30-day deadline is PRESUMED to have acted in bad faith — tenant can recover $100 + 3× the wrongfully withheld amount + reasonable attorney's fees (§92.109). The presumption flips the burden onto the landlord.
Watchlist: CA mandates this as of 2025. WA and GA already require landlord-side documentation. Texas renters: until your state follows, the bar is on you.