How much can a landlord deduct from a security deposit in Texas?
Short answer: there's no fixed dollar cap on deductions. A Texas landlord may deduct damages and charges the tenant is legally liable for under the lease or for breaching it, but nothing for normal wear and tear. If the tenant sues, the landlord has to prove what was kept was reasonable.
The balance and a written description and itemized list of deductions are due on or before the 30th day after the tenant surrenders the unit. You aren't obligated to send either until the tenant gives you a written forwarding address.
Do the math in 2 minutes: the free Kitwright Security Deposit Deduction Calculator prorates replaced items for wear and tear, totals your deductions, estimates the 30-day return date, and prints an itemized statement. No sign-up, and nothing you type leaves your browser.
What a Texas landlord can deduct
Under § 92.104(a), before returning a deposit the landlord may deduct "damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease." In practice that means the lease is your first document: what it makes the tenant responsible for, and what the tenant actually owes, drives what you can deduct.
- Unpaid rent and lease charges the tenant legally owes. If the tenant owes rent at surrender and there's no dispute about how much, you don't have to send the itemized list (§ 92.104(c)(1)–(2)).
- Damage beyond normal wear and tear that the tenant is liable for.
- A tenant who never moves in: if a replacement tenant the landlord accepts moves in by the lease start date, the landlord can't keep the deposit. If the landlord found the replacement, the landlord may keep either the lease's cancellation fee or actual expenses of finding the replacement, including a reasonable amount for the landlord's time (§ 92.1031).
There's no statutory dollar cap on deductions, but if the tenant sues, "the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable" (§ 92.109(c)).
What a landlord can't deduct: normal wear and tear
"The landlord may not retain any portion of a security deposit to cover normal wear and tear" (§ 92.104(b)). Chapter 92 defines normal wear and tear as "deterioration that results from the intended use of a dwelling." It excludes deterioration from negligence, carelessness, accident or abuse of the premises, equipment or chattels by the tenant, a household member, or a guest or invitee (§ 92.001(4)).
The Texas Attorney General gives a simple illustration (Renters' rights):
| Wear and tear (not deductible) | Damage (may be deductible) |
|---|---|
| Carpet that's more worn because people walked on it for a year | Carpet that mildewed because the tenant's water bed leaked |
Texas's statute doesn't list more examples. For anything in between, ask: did this come from ordinary, intended use, or from negligence, carelessness, accident or abuse? Document the answer with move-in and move-out photos.
The 30-day deadline and the forwarding address
- Deadline: refund the deposit "on or before the 30th day after the date the tenant surrenders the premises" (§ 92.103(a)). If you keep any of it, send the balance together with a written description and itemized list of all deductions (§ 92.104(c)). For example, if a tenant surrenders on October 31, the 30th day is November 30.
- Forwarding address: you aren't obligated to return the deposit or send the description of damages and charges until the tenant gives you a written forwarding address for that purpose. A tenant who doesn't give one still doesn't forfeit the right to the refund or the description (§ 92.107).
- Mailing: a refund or accounting placed in the U.S. mail and postmarked on or before the due date is presumed to be on time (§ 92.1041).
- E-mail notices (new in 2025): since September 1, 2025, notices and other communications under the deposit subchapter may go by e-mail if you and the tenant have previously communicated by e-mail, and you can designate a specific e-mail address for the tenant to use (§ 92.113). A managing agent, leasing agent or resident manager is your agent for these notices (§ 92.112). Both sections were added by HB 2037 (89th Legislature).
- Records: keep accurate records of all security deposits (§ 92.106). If you buy or sell the property, the new owner becomes liable for deposits from the date title is acquired and must give tenants a signed statement with the exact deposit amount (§ 92.105).
The lease's surrender-notice clause
Many Texas leases make a 30-day move-out notice a condition of getting the deposit back. That's allowed, but "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" (§ 92.103(b)). If your clause isn't underlined or bold, don't count on it.
The flip side: a tenant may not skip the last month's rent and tell you to keep the deposit instead. A tenant who does is presumed to act in bad faith and, if in bad faith, owes three times the rent withheld plus your reasonable attorney's fees (§ 92.108).
Worked example: a Texas move-out
Hypothetical example (made-up numbers for illustration). A tenant with a $1,800 deposit surrenders the unit on October 31, 2026, hands over a written forwarding address the same day, and owes no rent. The lease makes the tenant responsible for lost keys.
| Item | How it's figured | Deduction |
|---|---|---|
| Bedroom carpet ruined by pet urine (5 years old, expected to last 10, $1,200 to replace with similar quality) | Charge only the life it had left: $1,200 × (10 − 5) ÷ 10 | $600.00 |
| Patching and repainting a wall with many large anchor holes ($250 painter's invoice) | Invoice amount | $250.00 |
| Two keys not returned; re-key per the lease ($85 locksmith receipt) | Receipt amount | $85.00 |
| Paint faded and lightly scuffed in the living room | Normal wear and tear, § 92.104(b) | $0.00 |
| Total deductions | $935.00 | |
| Refund due to tenant ($1,800 − $935) | $865.00 | |
The $865 and a written description and itemized list of the three deductions are due by November 30, 2026, the 30th day after surrender. Whether a given item is damage or wear and tear depends on the facts, so keep the invoice, receipt and photos. Texas's statute doesn't prescribe a proration formula. Charging only the carpet's remaining useful life is one way to keep the charge defensible, because if the tenant sues, you must prove what you kept was reasonable (§ 92.109(c)).
Run your own numbers: the free calculator applies the same proration formula and works out the return-by date for Texas and 50 other jurisdictions (49 states + DC).
Penalties for getting it wrong
- Bad-faith retention: a landlord who in bad faith keeps a deposit in violation of the subchapter owes $100 + three times the amount wrongfully withheld + the tenant's reasonable attorney's fees (§ 92.109(a)). In the hypothetical above, wrongfully keeping $400 in bad faith would mean $100 + $1,200 = $1,300, plus attorney's fees.
- No itemized list, in bad faith: the landlord forfeits the right to keep any of the deposit or to sue the tenant for damage to the premises, and owes the tenant's reasonable attorney's fees (§ 92.109(b)).
- Presumed bad faith: failing either to return the deposit or to provide the written itemization on or before the 30th day after surrender creates a presumption of bad faith (§ 92.109(d)).
- Can't be waived: a landlord's duty and a tenant's remedy concerning security deposits may not be waived in the lease (§ 92.006(a)).
- Where disputes go: justice courts hear civil matters where the amount in controversy is not more than $20,000, excluding interest (Tex. Gov't Code § 27.031(a)(1)). The Texas State Law Library notes the small claims limit is $20,000 and includes attorney fees (How much can I sue for in small claims court?).
No deposit, or a fee instead of one?
- No deposit: if the lease didn't require one and you'll claim damages, you must notify the tenant in writing of the claim on or before the date you report it to a consumer reporting agency or third-party debt collector (unless the tenant gave no forwarding address). Skipping the notice forfeits the right to collect (§ 92.110).
- Fee in lieu of a deposit: you may offer one, but you must also offer a regular deposit and follow the written-notice and claim rules in § 92.111, including a 30-day itemized notice before filing an insurance claim.
Quick checklist before you send the refund
- Confirm the surrender date and whether you have the tenant's written forwarding address.
- Count 30 days from surrender and mail (postmarked) or deliver by then.
- Cut anything that's normal wear and tear or was there at move-in.
- Tie each deduction to the lease and to an invoice, receipt or photo.
- Send the balance with a written description and itemized list of every deduction.
For your year-end records, the free Year-End Landlord Ops Checklist (Excel) includes a deposits section.
Guides for other states
- California: how much can a landlord deduct from a security deposit? (21-day itemized statement, receipts and photos, 2026 changes)
- Florida: how much can a landlord deduct from a security deposit? (15-day full return or 30-day claim notice, tenant 15-day objection, itemized claim)
- New York: how much can a landlord deduct from a security deposit? (14-day refund, one-month cap, itemized list, forfeiture if late)
For every other state's return deadline and statute, see the 51-jurisdiction table in the free deposit calculator.
FAQ
How much can a landlord deduct from a security deposit in Texas?
There is no fixed dollar cap. A Texas landlord may deduct damages and charges the tenant is legally liable for under the lease or because the tenant breached the lease, but may not keep any part of the deposit for normal wear and tear. If the tenant sues, the landlord has the burden of proving the amount kept was reasonable (Tex. Prop. Code §§ 92.104(a)–(b), 92.109(c)).
How long does a Texas landlord have to return a security deposit?
On or before the 30th day after the tenant surrenders the premises, together with a written description and itemized list of any deductions (Tex. Prop. Code §§ 92.103(a), 92.104(c)). A refund or accounting mailed and postmarked by that date is presumed to be on time (§ 92.1041).
Does the tenant have to give a forwarding address in Texas?
The landlord isn't obligated to return the deposit or send the description of damages and charges until the tenant gives a written statement of a forwarding address for that purpose. A tenant who doesn't give one doesn't forfeit the refund, though (Tex. Prop. Code § 92.107).
Can a Texas lease require 30 days' notice before the deposit is refunded?
Yes, but a lease requirement that the tenant give advance notice of surrender as a condition of getting the deposit back is effective only if it is underlined or printed in conspicuous bold print in the lease (Tex. Prop. Code § 92.103(b)).
What counts as normal wear and tear in Texas?
Chapter 92 defines normal wear and tear as deterioration that results from the intended use of a dwelling. It does not include deterioration caused by negligence, carelessness, accident or abuse of the premises, equipment or chattels by the tenant, a household member, or a guest or invitee (Tex. Prop. Code § 92.001(4)).
What is the penalty for wrongfully keeping a security deposit in Texas?
A landlord who in bad faith keeps a deposit in violation of the subchapter is liable for $100, plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees. A landlord who in bad faith fails to give the written itemized list forfeits the right to keep any of the deposit or to sue the tenant for damage to the premises. Missing the 30-day deadline for both the refund and the itemization creates a presumption of bad faith (Tex. Prop. Code § 92.109).
Can a Texas tenant use the deposit as the last month's rent?
No. A tenant may not withhold any part of the last month's rent on the grounds that the deposit secures unpaid rent. A tenant who does is presumed to act in bad faith and, if in bad faith, can owe three times the rent withheld plus the landlord's reasonable attorney's fees (Tex. Prop. Code § 92.108).
Can a Texas landlord send deposit notices by e-mail?
Since September 1, 2025, notices and other communications under the security deposit subchapter may be sent by e-mail if the tenant and the landlord or the landlord's agent have previously communicated by e-mail, and the landlord may designate a specific e-mail address for the tenant to use (Tex. Prop. Code § 92.113, added by HB 2037).
Where do Texas deposit disputes go?
A tenant can sue in justice court as a small claims case if the claim fits its limit. Justice courts hear civil matters where the amount in controversy is not more than $20,000, excluding interest (Tex. Gov't Code § 27.031(a)(1)), and the Texas State Law Library says that limit includes attorney fees.
Is this legal advice?
No. This page is general information based on the Texas statute text and official Texas sources as of November 2026. The lease and the facts of each case matter. Read the statute or talk to a Texas attorney before you withhold money.
Sources
- Texas Property Code, Chapter 92, Subchapter C, Security Deposits (§§ 92.101–92.113), and § 92.001 (definitions), § 92.006 (waiver). Texas Constitution and Statutes, Texas Legislature: statutes.capitol.texas.gov
- HB 2037, 89th Legislature (2025), added §§ 92.112–92.113, effective Sept 1, 2025. Bill history: capitol.texas.gov
- Texas Government Code § 27.031, justice court jurisdiction: statutes.capitol.texas.gov
- Texas State Law Library, How much can I sue for in a small claims court? and Small claims cases research guide
- Office of the Texas Attorney General, Renters' rights