San Antonio, 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
- Bad-faith penalty
- Treble damages plus $100
- Forum
- Bexar County justice court
Summary
Texas Property Code Sections 92.101 through 92.110 set statewide security-deposit rules for San Antonio landlords. Deposits must be returned within 30 days of move-out with an itemized list of deductions. San Antonio does not impose stricter local limits.
Sec. 92.102. SECURITY DEPOSIT. A security deposit is any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling that has been entered into by a landlord and a tenant. 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.
Full Breakdown
Texas Property Code Section 92.103 requires San Antonio landlords to refund any security deposit, less lawful deductions, within 30 days after the tenant surrenders the premises and provides a written forwarding address. Section 92.104 permits deductions only for actual damages beyond normal wear and tear or unpaid rent. Section 92.109 imposes treble damages plus a $100 penalty plus attorney fees for landlords who act in bad faith. Texas sets no statutory cap on deposit amount, unlike states limiting deposits to one or two months' rent. San Antonio has not enacted a local supplement; tenants enforce rights through Bexar County justice courts.
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 the prevailing tenant in Bexar County justice court.
Frequently Asked Questions
How long does my San Antonio landlord have to return my deposit?
Can a San Antonio landlord charge any deposit amount?
Sources & Official References
Other rules in San Antonio
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