Most residential landlords require tenants to pay a security deposit to cover any repairs needed when the tenant moves out, or to cover the tenant’s failure to pay the last month's rent.
Laws vary from state to state, but many states have statutes that provide the maximum amount of security deposit a landlord may require for a residential lease and the costs for which the landlord may use the security deposit (cleaning, repairs, unpaid rent) following termination of the lease.
These laws also provide a specific deadline (often 30-60 days) for the landlord to return the tenant’s security deposit following termination of the lease—after deducting any amount properly withheld, as allowed by law.
In Texas, the regulation of security deposits for residential leases is governed by the Texas Property Code. There is no statutory limit on the maximum amount a landlord can charge for a security deposit. However, landlords are required to return the security deposit to the tenant within 30 days after the tenant surrenders the rental property and provides a forwarding address, unless the lease specifies a shorter period. The landlord may deduct from the security deposit for damages beyond normal wear and tear, cleaning the rental unit, unpaid rent, or other breaches of the lease agreement. If any portion of the security deposit is retained, the landlord must provide the tenant with a written description and itemized list of all deductions. Failure to comply with these requirements can leave the landlord liable for damages, attorney's fees, and a penalty of up to three times the amount of the security deposit wrongfully withheld.
