| Quick Facts | Answer |
| Acceptable Deductions | Unpaid rent
Costs of damage Costs due to a breach of lease Other charges listed in lease |
| Return Deadline | 30 days |
| Itemized Deductions | Required (with exceptions) |
| Penalty for Late Return | 3x Amount due + $100 + Attorneys’ fees |
For laws on security deposit collections and holdings in Texas, click here.
Some cities and counties may have regulations which are different from those presented here. Always check local laws.
Security Deposit Deductions in Texas
Texas allows these deductions from a security deposit:
- Unpaid rent
- Costs of damage excluding normal wear and tear
- Costs incurred by the landlord as a result of a breach of the lease
- Other charges as outlined in the lease
Most states, including Texas, do not have a legal limit on how much a landlord can charge for damages except that the charges must be reasonable and reflect actual landlord expenses.
If a tenant breaches the lease by ending the lease term early, and they find a replacement tenant satisfactory to the landlord, the landlord can only make the following deductions as a result of the change in tenant:
- A cancellation fee as described in the lease agreement
- Actual expenses incurred by the landlord in securing a new tenant
However, the replacement tenant must move in on or before the last day of the original lease. At the end of the tenancy, the landlord may make the standard deductions, such as damage and unpaid rent.
If the cost of damages exceeds the amount of the security deposit, landlords are entitled to seek additional damages from the former tenant.
What is Considered Normal Wear and Tear in Texas?
Unlike many states, Texas has a formal definition for “normal wear and tear.” This is what the law provides:
“Normal wear and tear” means deterioration that results from the intended use of a dwelling, including… breakage or malfunction due to age or deteriorated condition.
Examples include:
- Gently worn carpets
- Lightly scratched glass
- Faded paint and flooring
- Lightly dirtied grout
- Loose door handles
- Stained bath fixtures
As defined by Texas state law, “damage” is:
Deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant’s household, or by a guest or invitee of the tenant.
Examples include:
- Heavily stained, burned, or torn carpets
- Broken tiles or windows
- Holes in the wall
- Missing fixtures
Can the Landlord Charge for Replacing the Carpet in Texas?
Landlords can charge for replacing the carpet if it is damaged beyond normal wear and tear.
A carpet that is slightly discolored or gently worn will be considered normal wear and tear. A carpet with visible stains, major discoloration and rips will be considered excessively damaged.
Can the Landlord Charge for Nail Holes in Texas?
Texas landlords can charge a tenant for nail holes if they damage the walls in a way that doesn’t demonstrate an ordinary and reasonable level of care.
Tenants have the right to use the walls within their unit in a reasonable way. This includes inserting small nails or thumbtacks to hang posters or pictures.
However, large holes from drilling, multiple nail holes, large nail holes, and holes made for hanging heavier things may be considered damage, and thus chargeable to the tenant.
Can the Landlord Charge a Cleaning Fee in Texas?
In Texas, landlords are allowed to charge a cleaning fee if mentioned in the lease or if the tenant causes damage that requires cleaning.
Can the Landlord Charge for Painting in Texas?
Landlords in Texas can charge for painting, if:
- The tenant damages the paint in a direct way that doesn’t reflect normal wear and tear
- The tenant repaints against the terms of the lease
Normal wear includes:
- Minor scrapes from daily use
- Fading due to sunlight
- Minor cracks in the original paint
Landlords can charge for repainting if the damage is not the result of normal use. This includes stains, large or deep scratches, and water damage.
Security Deposit Returns in Texas
Landlords must return a security deposit by mail with a written notice to the tenant’s forwarding address no later than 30 days after the tenant vacates the rental unit.
However, the landlord is not obligated to return the security deposit until the tenant provides a forwarding address in writing.
How Long Do Landlords Have to Return Security Deposits in Texas?
Texas landlords have 30 days after the tenant vacates the rental unit to return any unused portion of the security deposit by mail, except the landlord is not obligated to return the security deposit until the tenant provides a forwarding address.
The tenant’s failure to provide a forwarding address does not mean that they forfeit their security deposit.
The security deposit is considered returned to the tenant on the day it is postmarked.
A landlord may require the tenant to provide advance notice to vacate the rental unit as a condition for returning the security deposit, but only if the condition is included in the lease agreement. The condition must be underlined or printed in conspicuous bold print on the lease.
Do Landlords Owe Interest on Security Deposits in Texas?
Landlords in Texas do not owe interest on security deposits, unlike in some states, such as New Jersey.
How Do Landlords Give Notice in Texas?
Written notice must be mailed to the tenant’s forwarding address and must include the amount of the security deposit due, if any, to the tenant, plus a written list of deductions. However, a written list of deductions is not required if the tenant owes rent and there is no controversy over the amount owed.
A template of a security deposit return letter is available to download on our website.
Can a Security Deposit Be Used for Last Month’s Rent in Texas?
A security deposit cannot be used for last month’s rent in Texas. A tenant who refuses to make the final rent payment and demands the use of the security deposit for rent may be held liable for three times the rent withheld plus reasonable attorney’s fees.
Security Deposit Disputes in Texas
If a tenant provides a forwarding address and the landlord does not return the security deposit within the 30-day period, the tenant can file a claim in court for up to three times the amount wrongfully withheld plus $100 and reasonable attorneys’ fees.
Tenants can also take legal action against a landlord for:
- Failure to provide written notice when required to do so
- Unreasonable deductions such as for normal wear and tear
How Can Tenants File a Dispute for a Security Deposit in Texas?
If a landlord fails to return the security deposit, the tenant can file a dispute in Small Claims Court, called Justice Court in Texas, if the amount of damages is less than $20,000. If the amount is greater, the tenant must file in the local County Court or District Court, depending on where the case is filed.
A small claims case for a residential lease agreement must be filed within 4 years and an attorney is not required but allowed. Cases are filed in the Justice Court where the defendant lives or the rental property is located. Filing fees are typically $54 but may vary depending on your local Justice Court.
Sources
- 1 Tex. Prop. Code § 92.104
-
(a) Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.
(c) If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if:
(1) the tenant owes rent when he surrenders possession of the premises; and
(2) there is no controversy concerning the amount of rent owed.
Source Link - 2 Tex. Prop. Code § 92.1031
-
(a) Except as provided in Subsection (b), a landlord who receives a security deposit or rent prepayment for a dwelling from a tenant who fails to occupy the dwelling according to a lease between the landlord and the tenant may not retain the security deposit or rent prepayment if:
(1) the tenant secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease; or
(2) the landlord secures a replacement tenant satisfactory to the landlord and the replacement tenant occupies the dwelling on or before the commencement date of the lease.
(b) If the landlord secures the replacement tenant, the landlord may retain and deduct from the security deposit or rent prepayment either:
(1) a sum agreed to in the lease as a lease cancellation fee; or
(2) actual expenses incurred by the landlord in securing the replacement, including a reasonable amount for the time of the landlord in securing the replacement tenant.
Source Link - 3 Tex. Prop. Code § 92.001(4)
-
“Normal wear and tear” means deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant’s household, or by a guest or invitee of the tenant.
Source Link - 4 Tex. Prop. Code § 92.103
-
(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.
Source Link - 5 Tex. Prop. Code § 92.107
-
(a) The landlord is not obligated to return a tenant’s security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant’s forwarding address for the purpose of refunding the security deposit.
(b) The tenant does not forfeit the right to a refund of the security deposit or the right to receive a description of damages and charges merely for failing to give a forwarding address to the landlord.
Source Link - 6 Tex. Prop. Code § 92.108
-
(a) The tenant may not withhold payment of any portion of the last month’s rent on grounds that the security deposit is security for unpaid rent.
(b) A tenant who violates this section is presumed to have acted in bad faith. A tenant who in bad faith violates this section is liable to the landlord for an amount equal to three times the rent wrongfully withheld and the landlord’s reasonable attorney’s fees in a suit to recover the rent.
Source Link - 7 Tex. Prop. Code § 92.1041
-
A landlord is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date.
Source Link - 8 Tex. Prop. Code § 92.109
-
(a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant’s reasonable attorney’s fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.
Source Link - 9 Tex. R. Civ. P. 500.3(a)
-
A small claims case is a lawsuit brought for the recovery of money damages, civil penalties, personal property, or other relief allowed by law. The claim can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Small claims cases are governed by Rules 500-507 of Part V of the Rules of Civil Procedure.
Source Link - 10 Tex. R. Civ. P. 500.4(a)
-
An individual may:
(1) represent himself or herself;
(2) be represented by:
(A) an attorney.
(B) in an eviction case, an authorized agent;
(C) a legal paraprofessional licensed by the Supreme Court under Article XV of the State Bar Rules; or
(D) a court-access assistant licensed by the Supreme Court under Article XVI of the State Bar Rules.
Source Link
