Texas puts no cap on security deposits and generally bars cities and counties from adopting rent control, giving landlords more room to set terms. The tradeoff is strict deposit refund timing, tight late-fee rules, and no statute on entry notice, so your Texas lease has to spell out many of the details itself.
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Texas sets no cap on security deposits, but you must refund the deposit, along with a written itemized list of any deductions, within 30 days after the tenant surrenders the unit. You may delay until the tenant gives a written forwarding address.
Tex. Prop. Code 92.103, 92.104, 92.107
A landlord who keeps a deposit in bad faith can owe $100, three times the amount wrongfully withheld, and the tenant's attorney's fees. Failing to send the refund or itemized list within 30 days is generally presumed to be bad faith.
Tex. Prop. Code 92.109
A late fee is allowed only if the written lease provides for it and rent stays unpaid two full days after the due date. The fee must be reasonable; it is presumed reasonable if it does not exceed 12% of monthly rent (4 or fewer units) or 10% (more than 4 units).
Tex. Prop. Code 92.019
Texas cities and counties generally cannot adopt rent control, except under a narrow state-approved disaster emergency process. Texas has no statute setting a notice period for landlord entry, so spell out entry terms in the lease.
Tex. Loc. Gov't Code 214.902
Last updated 2026-10-05
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