Harris County, TX Rental Property Rules: Security Deposit Rules (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.
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?
Can a Harris County landlord charge any deposit amount?
Sources & Official References
Other rules in Harris County
Texas rules heatmap·Compare Harris County to another location·View the Texas rental property rules overview
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