Skip to main content
Texasยท Answer

Can a Texas landlord keep the deposit for unpaid rent only?

Short answer

Yes, the security deposit can be applied to unpaid rent at end of tenancy in Texas. The landlord must still send the itemized statement under Tex. Prop. Code 92.103 within 30 days, listing the unpaid rent amount and the months it covers. If the deposit fully covers the unpaid rent, the landlord retains the deposit and the tenant owes nothing further. If the deposit is less than the unpaid rent, the landlord can keep the entire deposit and pursue the balance through small-claims court. If the deposit exceeds the unpaid rent, the landlord must return the difference to the tenant. $100 plus 3x wrongfully withheld amount plus attorney fees under Tex. Prop. Code 92.109. Missing the deadline without written explanation creates a bad-faith presumption.

Source: Tex. Prop. Code 92.103


Honest limits

This is an informational answer based on Tex. Prop. Code 92.103 as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Texas-licensed attorney.

Related