Signing a lease in Texas typically means paying a security deposit before you get the keys. Understanding what that deposit is for — and what the law says about getting it back — puts you in a stronger position from day one.
What Is a Security Deposit?
Under Texas Property Code §92.102, a security deposit is any advance of money, other than a rental application deposit or advance payment of rent, that is intended primarily to secure performance under a lease. In plain terms: it is money held by the landlord during your tenancy as financial protection against damage or unpaid obligations, and it must be returned to you when you move out — minus any lawful deductions.
Does Texas Cap How Much Can Be Charged?
No. Unlike some states, Texas law does not set a maximum security deposit amount. Landlords are free to set the deposit based on their own risk assessment and the rental market. What the law does regulate is how quickly the deposit must be returned after you move out and what deductions are permissible.
What Factors Influence Your Deposit Amount?
At EWG Properties, deposit amounts are based on the same written criteria used to evaluate every application. Common factors include:
- Credit history: a stronger credit profile typically means a lower deposit; a thin or challenged credit file may result in a higher one.
- Rental history: a verified record of on-time payments and good standing with prior landlords is a positive factor.
- Pets: if your lease includes a pet, a non-refundable pet fee of $100 per pet is due at signing, plus a monthly pet rent of $35 per pet. Both amounts are stated in the lease.
- Lease length: longer lease terms reflect a greater commitment and may factor into the deposit calculation.
When Is the Deposit Due?
The security deposit is due at lease signing — before or at the time you pick up your keys. First month’s rent is also due at signing. Our Move-In Cost Estimator lets you see the full amount due at signing for any available unit before you apply.
What Does the Deposit Cover — and What It Doesn’t
Under Texas law, a landlord may deduct from the deposit for:
- Unpaid rent or fees owed under the lease
- Damage to the property beyond normal wear and tear
- Reasonable cleaning costs if the unit is returned in a significantly worse condition than at move-in
- Other losses permitted by the lease, such as early termination fees
A landlord cannot deduct for ordinary wear and tear — things like minor scuffs on walls, small nail holes from hanging pictures, or carpet wear from normal use over a full tenancy. The distinction between damage and wear and tear is often where disputes arise, which is why move-in documentation matters so much.
Protect Yourself With a Move-In Inspection
Before you sign off on move-in, do a thorough walkthrough of the unit and document every existing imperfection in writing and with photos. Note scratched floors, stained grout, chipped paint, missing hardware — anything that was already there when you arrived. Submit this documentation to us in writing through the Tenant Portal or by email so there is a timestamped record.
This single step is the most effective protection you have when it comes time to move out. Our companion article on move-in inspections walks through exactly what to look for room by room.
Getting Your Deposit Back: Texas §92.061
Texas Property Code §92.061 requires a landlord to return the security deposit — or provide a written itemized accounting of any deductions — within 30 days after the tenant surrenders the premises. “Surrenders the premises” means you have moved out and returned your keys.
If a landlord in bad faith fails to return the deposit or provide an itemized accounting within 30 days, the tenant may be entitled to recover the full deposit plus $100, plus three times the amount wrongfully withheld, plus reasonable attorney’s fees.
Best practices for a smooth refund: give proper written notice before vacating, leave the unit clean, repair any damage you caused, and take dated photos at move-out. Return all keys on the agreed date and confirm in writing that you have done so.
Bottom Line
Texas law does not cap security deposits, but it does give you real rights around how the deposit must be handled and returned. The best way to protect your deposit is to document the unit thoroughly on move-in, keep the property in good condition during your tenancy, and give proper notice when you are ready to move out. For a full breakdown of upfront costs, use our Move-In Cost Estimator or read our detailed guide to security deposit rules in Texas.
