How Much Security Deposit Can a Texas Landlord Charge?
Short answer: Texas law sets no statewide maximum. No section of the Texas Property Code caps a residential security deposit at one month's rent, two months' rent, or any other amount — the amount is what your lease states. What Texas law does control, strictly, is how that deposit is accounted for and returned.
What it is
This is a research-first explainer, not a form. It answers the deposit-amount question Texas landlords search before they write a lease — is there a limit, and if not, what rules apply to whatever amount is collected? — using only rules verified against Texas Property Code Chapter 92, Subchapter C (§§92.101–92.111), the subchapter that governs residential security deposits.
When to use it
- Before you set the deposit amount in a new Texas lease or renewal
- When an applicant, co-signer or property manager claims Texas limits deposits to one or two months' rent — a rule from other states, not Texas
- When you are deciding whether a pet deposit or another advance counts as part of the security deposit
- Before move-out, to check the return, itemization and liability rules that apply no matter how large the deposit is
What to include — checklist
Print this page to use the checklist on paper.
- The exact deposit amount written in the lease — never left blank, verbal, or stated only in a listing
- A lease statement of what the deposit secures: performance under the lease, as the §92.102 definition frames it
- Each advance labelled accurately — security deposit, rental application deposit, and advance payment of rent are different things under §92.102
- Any refundable pet deposit listed separately, with its amount — money held to secure performance can be treated as a security deposit whatever the document calls it
- A consistent standard for how you set the amount, applied the same way to comparable applicants
- A receipt or written record of the amount collected, the date, and who paid it — keep accurate deposit records under §92.106
- A check of your lease, any local rules, and any housing-program agreement covering the property for a limit that applies to that property even though the state sets none
- A calendared move-out duty from day one: refund and accounting are due on or before the 30th day after surrender under §92.103
Texas-specific requirements
- No statewide cap: Texas Property Code Chapter 92, Subchapter C (§§92.101–92.111) regulates what a security deposit is, when it must be returned, what may be deducted, and what happens when those rules are broken — but no section in that subchapter sets a maximum amount. State-law tables likewise list the Texas security deposit maximum as no statute / no statutory limit. Do not import a one- or two-month cap from another state's law, and do not assume a blog's "typical" amount is a legal limit.
- Texas Property Code §92.102: 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. The definition turns on purpose, not on the label in your document.
- Texas Property Code §92.103(a): the landlord shall refund a security deposit on or before the 30th day after the date the tenant surrenders the premises, subject to §92.107 — the tenant must give a written forwarding address, but does not forfeit the deposit for failing to provide one.
- Texas Property Code §92.104: a landlord may deduct only damages and charges the tenant is legally liable for under the lease, may not retain any portion to cover normal wear and tear (§92.104(b)), and if any part is retained must give a written description and itemized list of deductions (§92.104(c)), subject to the exception in that subsection where rent is owed and the amount is not in controversy.
- Texas Property Code §92.109: a landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees (§92.109(a)). Bad-faith failure to provide the written description and itemized list forfeits the right to withhold any portion or to sue for damages to the premises (§92.109(b)). A landlord who fails either to return the deposit or to provide the description and itemization on or before the 30th day after surrender is presumed to have acted in bad faith (§92.109(d)). The larger the deposit, the larger that exposure.
- Interest and holding: no provision requiring a Texas residential landlord to pay interest on a security deposit, or to hold it in a separate bank account, was verified in Chapter 92, Subchapter C. That absence does not remove the §92.106 duty to keep accurate records of all security deposits.
Statute references are included only where verified for this page. Where a rule depends on your lease or local court, the page says so instead of guessing.
Common mistakes
- Assuming Texas caps deposits at one or two months' rent because a neighbouring state, a national template, or a blog says so
- Assuming "no cap" means "no rules" — the 30-day return, itemization, and bad-faith rules apply to a deposit of any size
- Collecting a large deposit and then missing the §92.103 deadline or sending no itemization, which scales the §92.109 liability with the amount withheld
- Calling an advance "last month's rent" or a "fee" while holding it to secure performance — under §92.102, purpose controls over the label
- Deducting for normal wear and tear at move-out, which §92.104(b) prohibits regardless of the deposit amount
- Setting different deposit amounts for comparable applicants with no documented, consistent standard
- Skipping a check for local rules or a housing-program agreement that limits deposits for that specific property
Related forms
- Texas Lease Agreement — where the deposit amount is stated
- Texas Security Deposit Return Letter — the 30-day refund and accounting under §92.103
- Texas Security Deposit Deduction Letter — itemizing a partial retention under §92.104(c)
- Texas Pet Addendum — pet deposits, fees and pet rent in writing
Where landlords get this form
These providers publish Texas-specific landlord forms and document tools. We describe them here for comparison; the LawDepot link below is live, and the others will be linked as their partnerships are approved.
| Provider | Best described as | What to check before you buy |
|---|---|---|
| LawDepot | DIY legal-document builder covering leases, applications and notices, form by form or by subscription. See LawDepot's landlord forms | Whether the Texas version is included in a free trial, subscription, or single-document price. |
| ezLandlordForms | Landlord-focused forms library built specifically around rentals, screening and state lease packages. | Whether you need a single form or its Texas state package, and what updates are included. |
| Rocket Lawyer | Document builder bundled with membership options that can include attorney Q&A services. | What the membership includes after any trial, and how cancellation works. |
| LegalZoom | Well-known legal-services platform, strongest on business formation and broader legal products, with some landlord documents. | Whether the exact landlord form you need is offered for Texas, versus a business product. |
Disclosure: LawDepot links on this page are affiliate links — if you buy through them, this site may earn a commission at no extra cost to you. Other providers are listed for comparison and are not yet linked.
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Frequently asked questions
- Is there a maximum security deposit in Texas?
- No statewide maximum was verified. No section of Texas Property Code Chapter 92, Subchapter C sets a cap, so the amount is what the signed lease states — subject to your lease, any local rules, and any housing-program agreement covering the property.
- Can a Texas landlord charge two months' rent as a deposit?
- Texas state law does not prohibit it, because it sets no cap. Charging more still carries the same duties: accurate records (§92.106), a refund on or before the 30th day after surrender (§92.103), and an itemized accounting for anything retained (§92.104).
- Does a pet deposit count as part of the security deposit?
- It can. Under §92.102 a security deposit is defined by purpose — an advance intended primarily to secure performance under the lease, other than an application deposit or advance rent. A refundable pet deposit held for that purpose can be treated as a security deposit whatever the document calls it, and Texas sets no separate statewide cap on pet deposits.
- Does a Texas landlord have to pay interest or hold the deposit in a separate account?
- No requirement to pay interest, or to hold the deposit in a separate account, was verified in Chapter 92, Subchapter C. Keep accurate deposit records anyway under §92.106, and keep the money identifiable in your books.
- What happens if a landlord keeps a deposit in bad faith?
- Under §92.109(a), $100 plus three times the portion wrongfully withheld, plus the tenant's reasonable attorney's fees. Missing the 30-day return-or-itemize deadline creates a presumption of bad faith under §92.109(d).