Is a pet deposit separate from the security deposit in Texas?
Sometimes, but the total still counts toward the Texas cap of no statewide cap in Texas. If the deposit is refundable (returned at end of tenancy minus any pet-caused damages), it is part of the security deposit and counts toward the cap. If it is structured as a non-refundable pet fee (one-time charge clearly labeled non-refundable in the lease), most Texas jurisdictions allow it outside the deposit cap, but the lease must be explicit. Pet rent (a recurring monthly charge) is also generally allowed and is not part of the deposit. The treatment varies by state. Mixing refundable and non-refundable pet charges in the same line of the lease is a common drafting error that gets the entire amount treated as deposit. $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
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.