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Harris County, TX Rental Property Rules: Security Deposit Rules (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Return deadline
30 days after move-out
Statute
TX Property Code 92.103-92.110
Deposit cap
No statutory maximum amount
Bad-faith penalty
Treble damages plus $100
Forum
JP court for under $20K

Summary

Texas Property Code Sections 92.101 through 92.110 set statewide security-deposit rules for all Harris County rentals. Landlords must return the deposit within 30 days of move-out with an itemized list of any deductions. The county does not impose stricter local limits; state law preempts local deposit regulation.

City-specific rules exist: Houston has its own security deposit rules rules that differ from Harris County's county-level regulations. If you live in Houston, check the city-specific page instead.

Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.(b) A requirement that a tenant give advance notice of surrender as a condition for refunding the security deposit is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.(c) The tenant's claim to the security deposit takes priority over the claim of any creditor of the landlord, including a trustee in bankruptcy. Acts 1983, 68th Leg., p. 3639, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1995, 74th Leg., ch. 744, Sec. 3, eff. Jan. 1, 1996. Sec. 92.1031.

Full Breakdown

Texas Property Code Section 92.103 requires Harris County landlords to refund any security deposit, less lawful deductions, within 30 days after the tenant surrenders the unit and provides a written forwarding address. Section 92.104 allows deductions only for damages beyond normal wear and tear or for unpaid rent and lease charges. Section 92.109 imposes treble damages plus a $100 penalty plus attorney fees on landlords acting in bad faith. Texas sets no statutory cap on deposit size, so two- or three-month deposits are legal. Harris County has not enacted local supplements. Tenants enforce rights through Justice of the Peace courts, which Harris County operates across sixteen JP precinct positions.

Violations & Fines

Bad-faith retention triggers Section 92.109 damages: three times the wrongfully withheld portion, plus $100, plus attorney fees and court costs awarded to a prevailing tenant in Harris County Justice of the Peace court.

Frequently Asked Questions

How long does my Harris County landlord have to return my deposit?
Thirty days from when you surrender the unit and give a written forwarding address. Without the forwarding address in writing, the 30-day clock does not start under Texas Property Code Section 92.107.
Can a Harris County landlord charge any deposit amount?
Yes. Texas sets no cap on security deposit size, and Harris County has not adopted local limits. Two- or three-month deposits are legal, though one month is the typical market practice.

Sources & Official References

Other rules in Harris County

All Harris County rules

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