Houston, TX Rental Property Rules: Security Deposit Rules (2026)
Key Facts
- Refund deadline
- 30 days after move-out
- Statute
- TX Property Code Section 92.103
- Bad-faith penalty
- $100 plus 3x wrongful amount
- Deposit cap
- None under Texas law
- Forwarding address
- Tenant must provide in writing
Summary
Texas Property Code Section 92.103 requires landlords to refund a tenant's security deposit within 30 days of move-out, with itemized deductions for damage beyond normal wear and tear; Houston has no stricter local rule.
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.
Full Breakdown
Section 92.103 of the Texas Property Code governs all Houston residential leases. After a tenant surrenders the unit and provides a forwarding address, the landlord has 30 days to return the deposit or send an itemized list of deductions. Bad-faith retention triggers $100 plus three times the wrongfully withheld amount, plus attorney fees, under Section 92.109. There is no statutory cap on deposit amounts, no interest requirement, and no escrow requirement. Texas does not require non-refundable fees be disclosed separately, but they cannot be labeled "deposit."
Violations & Fines
A landlord who fails to return the deposit or provide written itemization within 30 days is presumed to have acted in bad faith. Tenants may sue in justice court for $100, triple damages, and attorney fees under Section 92.109.
Frequently Asked Questions
How long does my Houston landlord have to return my deposit?
What can my landlord deduct?
Is there a cap on how much deposit landlords can charge?
Sources & Official References
Other rules in Houston
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