Updated 2026 · Texas Law
Security Deposit Laws in Houston, Texas (2026)
Under Tex. Prop. Code § 92.103, landlords in Houston must return your security deposit within 30 days after you vacate the unit. Failure to comply entitles you to the deposit plus statutory penalties. This page is a plain-language reference to Texas's security deposit statute as it applies to Houston renters. Houston has no city-specific deposit ordinance; Texas state law governs exclusively.
30
Days to Return
Up to 3× deposit
Penalty
$20,000
Small Claims Limit
Texas Security Deposit Statute — Quick Reference
Statute
Return Deadline
30 days after tenancy ends — Must send to last known address
Penalty
If your landlord acts in bad faith, you can recover $100 plus three times the amount wrongfully withheld, plus attorney's fees
Small Claims Limit
$20,000
Filing Fee
$35–$100
The 30-Day Return Deadline in Detail
Under Tex. Prop. Code § 92.103, a Houston landlord has 30 calendar days after the tenancy ends to return your security deposit. If the landlord makes deductions, they must provide a written, itemized statement of each deduction along with copies of receipts, invoices, or estimates supporting each charge.
Important: Must send to last known address. The clock starts when the tenancy legally terminates — typically your move-out date or lease end date, whichever is later. To protect your rights, provide your forwarding address in writing on or before your move-out date.
Penalty for Violation
Texas Statutory Penalty
If your landlord acts in bad faith, you can recover $100 plus three times the amount wrongfully withheld, plus attorney's fees
Cite: Tex. Prop. Code § 92.103 · Tex. Prop. Code § 92.109
3x the deposit wrongfully withheld plus $100. To recover these penalties, file in small claims court in Houston's jurisdiction. You may also send a formal demand letter first — many landlords return deposits once they receive a written legal demand citing the applicable statute.
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Small Claims Court — Texas
How to find your court
File at the Justice of the Peace Court in the precinct where the property is located.
Texas court finder →Houston Security Deposit FAQ
How long does a Houston landlord have to return my security deposit?
30 days after you surrender the property (move out with no intent to return), under Tex. Prop. Code § 92.103. The landlord must mail the deposit or a written itemized description of deductions to your forwarding address within this window. Providing a forwarding address in writing to your landlord is important — without it, the 30-day clock may not begin.
What is the penalty if my Houston landlord wrongfully withholds my deposit?
Under Tex. Prop. Code § 92.109, a landlord who retains a deposit in bad faith is liable for 3x the amount wrongfully withheld plus $100, the tenant's reasonable attorney fees, and court costs. This is a strong statutory penalty — courts have awarded these damages where landlords fabricated damage claims or simply ignored the 30-day deadline.
Does my Houston landlord have to provide itemized deductions?
Yes. Under Tex. Prop. Code § 92.104, a landlord who retains any portion of the deposit must provide a written description and itemized list of all deductions within 30 days of move-out. A landlord who fails to provide this written itemization forfeits the right to retain any portion of the deposit — even if actual damage existed.
What can a Texas landlord legally deduct from my security deposit?
Lawful deductions include unpaid rent, costs to repair physical damage to the premises (beyond normal wear and tear), and costs incurred due to tenant breach of lease. Texas law explicitly prohibits deductions for normal wear and tear. Pet damage, broken fixtures, significant carpet stains, and cleaning fees (if the unit was left unreasonably dirty) are typically allowable.
How do I sue my Houston landlord in small claims court for my deposit?
File at the Justice of the Peace Court in the precinct where the rental property is located. Texas Justice Court has a high small claims limit of $20,000. Filing fees are approximately $35–$100 depending on the amount. You do not need an attorney. If you win, the court can award 3x the wrongfully withheld amount plus $100 and attorney fees.
Related Resources
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This page is a general legal reference for informational purposes only and does not constitute legal advice. Security deposit laws may change; always verify the current statute before taking action. Full disclaimer →