Quick Answer: Security deposits in Texas have no legal maximum, but the refund deadline is strict. Section 92.103 of the Texas Property Code gives your landlord 30 days after you surrender the unit and provide a written forwarding address. Withhold money in bad faith and the penalty is $100 plus triple the amount wrongfully kept.
Most renters do not think about security deposits in Texas until move-out week, when the money is either late or already gone. The rules live in one place: Chapter 92 of the Texas Property Code. If you are touring communities like Hickory Apartments in Garland, read the deposit clause before you sign, because your lease sets the dollar amount and state law sets the deadline.
What Counts as a Rental Security Deposit in Texas
A rental security deposit is any advance of money, other than an application deposit or prepaid rent, that secures your performance under the lease. That definition comes straight from Chapter 92, Subchapter C of the Texas Property Code. Call it a cleaning deposit, a key deposit, or a pet deposit. The label does not change the protection.
Security deposits in Texas are judged by what the money does. The name printed on the receipt is irrelevant, and renters lose money by assuming otherwise.
Leasing Deposit vs. Application Fee: What Comes Back
These three payments get confused constantly, and the difference is money. An application fee is nonrefundable and covers the cost of screening you. An application deposit is refundable if the property turns you down. A leasing deposit that holds a unit for you usually rolls into the security deposit once you sign.
You may also see the phrase leasehold deposit on older forms or in commercial contracts. Texas residential statutes do not use it. If the money secures your performance under a residential lease, Subchapter C protects it regardless of the wording.
Is There a Typical Security Deposit Amount?
Nothing in the statute caps security deposits in Texas. A typical security deposit runs about one month's rent at conventional communities, and applicants with thin credit files are sometimes quoted more. Lawmakers came close to changing this: House Bill 2901 in the 2025 session would have capped residential deposits at one month's rent, and it died in committee on June 2, 2025.
Treat published averages carefully. Rent data providers calculate them differently, and none of them govern your lease. The number that matters is printed next to the unit you actually want, so check the deposit line when you compare floor plans and pricing.
How Long Does a Lease Deposit Return Take in Texas?
Thirty calendar days. Section 92.103 requires the refund on or before the 30th day after you surrender the premises. Section 92.107 adds one condition: the landlord's obligation does not kick in until you provide a written statement of your forwarding address. A verbal address does not start the clock.
What Texas Security Deposit Law Requires After You Move Out
Surrender means handing back possession, usually the day you return the keys. It is not the lease end date, and it is not the walkthrough. Miss that distinction and you will count the 30 days from the wrong day.
Forgetting the forwarding address does not forfeit your refund. Section 92.107 says so plainly. It only pauses the landlord's obligation until you send one, so send it in writing and keep a copy. Since September 1, 2025, House Bill 2037 has allowed deposit notices to travel by email when the tenant and landlord already communicate that way.
One clause worth hunting for: if your lease demands advance notice of move-out as a condition of getting the deposit back, that requirement only binds you when it is underlined or printed in conspicuous bold type. Buried in ordinary paragraph text, it does not count.
Are Security Deposits Refundable, and What Can Be Deducted?
Yes, minus legitimate charges. Section 92.104 lets a landlord subtract damages and charges you are legally liable for under the lease, then return the balance with a written, itemized list of every deduction. What the landlord may not touch is normal wear and tear. That exclusion is written into the statute itself.
Normal wear and tear means deterioration from the intended use of the home. Damage from negligence, carelessness, accident, or abuse is a different category, and you pay for it. Where that line falls is what most fights over security deposits in Texas are actually about.
| Item | Normal wear and tear | Deductible damage |
|---|---|---|
| Walls and paint | Small nail holes, paint faded by sunlight | Fist-sized holes, unapproved colors, crayon |
| Carpet and flooring | Traffic paths worn into high-use areas | Burns, tears, pet stains soaked into padding |
| Appliances and fixtures | Dulled finishes and worn handles | Cracked glass, missing parts, misuse |
| Cleaning | Light dust and ordinary soil | Trash left behind, grease that needs a deep clean |
| Who absorbs it | The landlord | Your deposit |
The Penalty for Getting It Wrong
A landlord who misses the 30-day deadline without returning the deposit or sending the itemization is presumed to have acted in bad faith. Under Section 92.109, bad-faith retention of security deposits in Texas costs the landlord $100, three times the amount wrongfully withheld, and your reasonable attorney's fees. The landlord also carries the burden of proving the deductions were reasonable, which is why photos and dates matter so much on your side of the file.
Claims under $20,000 go to your local justice of the peace court. Filing is cheap and most renters handle it without a lawyer.
Frequently Asked Questions
1. Is there a maximum security deposit for an apartment in Texas?
No. Texas security deposit laws set no ceiling on the security deposit for apartment renters, so the amount is whatever your lease says. One month's rent is the common benchmark. A 2025 bill that would have capped deposits at one month's rent died in committee, so the rule stands.
2. Is a leasehold deposit the same thing as a security deposit?
For residential renting in Texas, yes in practice. Leasehold deposit is not a term the Texas Property Code uses. If the money is an advance that secures your performance under the lease, and it is not prepaid rent or an application deposit, Subchapter C rules apply.
3. My landlord never sent an itemized list. What now?
- Confirm you gave a written forwarding address and keep proof of the date.
- Count 30 days forward from the day you surrendered possession.
- Send a dated demand letter listing the deposit amount and the deadline that passed.
- File in justice court if the letter goes unanswered.
4. Can I use my deposit as the last month's rent?
No. Section 92.108 bars tenants from withholding any part of the final month's rent on the theory that the deposit covers it. Do it anyway and you can be found to have acted in bad faith, which exposes you to triple damages and the landlord's attorney's fees.
5. What if I still owe rent when I move out?
The landlord may apply your deposit to the unpaid rent. When you owe rent at surrender and there is no dispute about the amount, the itemized list of deductions is not required. Security deposits in Texas keep that itemization protection whenever the amount of rent owed is genuinely in dispute.
Protecting Your Security Deposit for an Apartment in Texas
Security deposits in Texas come down to three habits: photograph the unit on both ends of the lease, put your forwarding address in writing, and calendar the 30 days from the day you hand over the keys. Renters who do that rarely lose money they should have kept. The Texas State Law Library landlord and tenant guide keeps a plain-English summary current if you want to read the statutes yourself.
Before you sign anywhere in Texas, ask the leasing office what the deposit is for your exact unit and what triggers a deduction. You can also take a photo tour and note the condition of finishes ahead of your walkthrough.
