Sources checked:
Quick answer. Texas: deposit returned within 30 days; one-month notice to end month-to-month; 3-day notice for unpaid rent; $20,000 small claims limit. 13 of 23 items are confirmed on official pages; 10 are marked not confirmed, with the page to check.
Key numbers
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 1 month
- Unpaid rent notice
- 3 days
- Time to answer or appear
- At the hearing
- Judgment to writ
- 6 to 60 days
- Small claims limit
- $20,000
Security deposit (3 of 6 confirmed)
Law read: Tex. Prop. Code 92.103, 92.104, 92.107, 92.109.
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Not confirmedDeposit limit
Not confirmed — check Texas State Law Library: Landlord/Tenant Law, Security Deposits. Not confirmed from official text. Check Tex. Prop. Code chapter 92, subchapter C.
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ConfirmedReturn deadline
On or before the 30th day after the tenant surrenders the premises (92.103). The landlord doesn't have to send it or the list until the tenant gives a written forwarding address (92.107).
Source: Texas State Law Library: Landlord/Tenant Law, Security Deposits, checked November 2026
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ConfirmedItemized list of deductions
An itemized list of all deductions (92.104).
Source: Texas State Law Library: Landlord/Tenant Law, Security Deposits, checked November 2026
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Not confirmedInterest on the deposit
Not confirmed — check Texas State Law Library: Landlord/Tenant Law, Security Deposits. Not confirmed from official text. Check Tex. Prop. Code chapter 92.
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Not confirmedWhere the deposit is held
Not confirmed — check Texas State Law Library: Landlord/Tenant Law, Security Deposits. Not confirmed from official text. Check Tex. Prop. Code chapter 92.
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ConfirmedPenalty the law states
Three times the part wrongfully withheld, plus other amounts, when withheld in bad faith (92.109).
Source: Texas State Law Library: Landlord/Tenant Law, Security Deposits, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (4 of 6 confirmed)
What the official text says about each notice. Cities and counties can add their own notice, just-cause or rent rules. Check local rules too.
| Notice | Rule | Source |
|---|---|---|
| Ending month-to-month (landlord) | Either side may end it. The tenancy ends on the later of the day stated in the notice or one month after the notice is given (rental periods of at least one month). | Source: Texas State Law Library: Landlord/Tenant Law guide, ending the lease, checked November 2026 (Property Code 91.001) |
| Ending month-to-month (tenant) | Either side may end it. The tenancy ends on the later of the day stated in the notice or one month after the notice is given (rental periods of at least one month). | Source: Texas State Law Library: Landlord/Tenant Law guide, ending the lease, checked November 2026 (Property Code 91.001) |
| Rent increase notice | Not confirmed — check Texas State Law Library: Landlord/Tenant Law guide, ending the lease. The State Law Library guide doesn't state a notice period. Check the lease and Property Code chapter 92. | |
| Unpaid rent notice | At least 3 days' written notice to vacate before filing, unless a written lease sets a shorter or longer period. From January 1, 2026, a tenant who wasn't late before the month of the notice gets it as a notice to pay rent or vacate. | Source: Texas State Law Library: Landlord/Tenant Law guide, the eviction process, checked November 2026 (Property Code 24.005(a), as amended by SB 38 (2025)) |
| Entry notice | Not confirmed — check Texas State Law Library: Landlord/Tenant Law guide, ending the lease. Not addressed in the State Law Library pages we read. Check the lease and Property Code chapter 92. | |
| Late fee limits | Only if notice of the fee is in a written lease, the fee is reasonable, and rent has stayed unpaid two full days after it was due. A fee up to 12% of monthly rent (buildings of 4 units or fewer) or 10% (more than 4 units) is treated as reasonable. | Source: Texas Legislature: SB 1414 (2019), enrolled, Property Code 92.019, checked November 2026 (Property Code 92.019) |
More: Notice periods by state · Notice date calculator
Eviction case, in order (5 of 10 confirmed)
- Notice before filing The written notice comes first; its length is in the notice table above.
Unpaid rent: At least 3 days' written notice to vacate before filing, unless a written lease sets a shorter or longer period. From January 1, 2026, a tenant who wasn't late before the month of the notice gets it as a notice to pay rent or vacate.
- Filing the case Where the case goes and what it costs to start.
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ConfirmedCourt
The justice court for the precinct where the rental is.
The petition must be filed in the precinct where the premises is located.
Source: Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026), checked November 2026
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Not confirmedFiling fee
Not confirmed — check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026). Not confirmed on an official page we opened.
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- The tenant's answer or appearance
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ConfirmedTime to answer or appear
A written answer isn't required; the tenant may file one on or before the trial day.
on or before the day set for trial in the citation.
Source: Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026), checked November 2026
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- Hearing or trial
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ConfirmedHearing after filing
Trial is set 10 to 21 days after the petition is filed (cases filed on or after January 1, 2026).
must not be less than 10 days nor more than 21 days after the petition is filed.
Source: Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026), checked November 2026
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- Judgment and the writ The order that lets the officer act.
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ConfirmedJudgment to writ
No writ of possession may issue before the 6th day after judgment, or more than 60 days after it.
no writ of possession may issue before the 6th day after the date a judgment for possession is signed
Source: Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026), checked November 2026
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- Lockout Carried out by an officer, not by either side.
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Not confirmedWrit to lockout
Not confirmed — check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026). Not confirmed on an official page we opened.
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ConfirmedWho carries out the lockout
A sheriff or constable executes the writ; if not served within five business days, another officer may.
The writ must be executed by a sheriff or constable.
Source: Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026), checked November 2026
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- Along the way Paying to stop the case, counsel and diversion programs.
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Not confirmedPaying to stop the case
Not confirmed — check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026). Not confirmed on an official page we opened.
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Not confirmedRight to counsel (statewide)
Not confirmed — check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026). Not confirmed on an official page we opened.
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Not confirmedDiversion or mediation (statewide)
Not confirmed — check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026). Not confirmed on an official page we opened.
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To stay in possession during an appeal of a nonpayment judgment, the tenant pays the amount in the notice into the justice court registry and keeps paying rent as it comes due. The rules bar ordering mediation if it would delay trial.
Example: a case filed Monday, March 1, 2027
The earliest date of each stage the confirmed rules allow, from our eviction timeline estimator. Earliest under the statute; courts' calendars often take longer.
| Stage | Earliest date |
|---|---|
| Case filed | Monday, March 1, 2027 |
| Answer or appear | Thursday, March 11, 2027 |
| Hearing or trial | Thursday, March 11, 2027 |
| Judgment | Thursday, March 11, 2027 |
| Writ or warrant of possession | Wednesday, March 17, 2027 |
More: Eviction process timeline by state · Eviction timeline estimator
Deposit disputes: small claims
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ConfirmedSmall claims limit (for a deposit dispute)
$20,000: the most a small claims case can ask for.
Texas Rules of Civil Procedure Rule 500.1(a) (rules updated as of January 1, 2026) and Gov't Code 27.031: a small claims case can be for no more than $20,000, excluding statutory interest and court costs but including attorney fees. Texas State Law Library: you cannot reduce a larger claim to fit. Justice courts also hear evictions and repair orders under separate rules.
Source: Texas State Law Library: Small Claims Cases guide, checked November 2026
More: Texas small claims court
Still to confirm
- Deposit limit: check Texas State Law Library: Landlord/Tenant Law, Security Deposits
- Interest on the deposit: check Texas State Law Library: Landlord/Tenant Law, Security Deposits
- Where the deposit is held: check Texas State Law Library: Landlord/Tenant Law, Security Deposits
- Rent increase notice: check Texas State Law Library: Landlord/Tenant Law guide, ending the lease
- Entry notice: check Texas State Law Library: Landlord/Tenant Law guide, ending the lease
- Filing fee: check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026)
- Writ to lockout: check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026)
- Paying to stop the case: check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026)
- Right to counsel (statewide): check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026)
- Diversion or mediation (statewide): check Supreme Court of Texas: Misc. Docket No. 25-9096, amendments to Rule 510 (effective January 1, 2026)
Texas kit
Texas Landlord Compliance Kit
This page as a printable checklist with every source link and check date, a move-in and move-out deposit checklist with the Texas return deadline, a notice calendar, an eviction timeline sheet, and an Excel workbook with a tenant notice log, a deposit tracker that works out the return date, and a rent ledger.
Kits for any state: Security Deposit Kit for Landlords and Tenants ($15) · Landlord-Tenant Notice Organizer ($15) · Eviction Case File Organizer ($15)
General information, not legal advice. We are not lawyers, and MCC Solutions is not a law firm. The same rules apply whichever side of the lease you are on; this page describes them and doesn't take a side. Rules change, cities and counties can add their own, a lease can add terms, and the official source has the final word.
Common questions
How long does a Texas landlord have to return a deposit?
On or before the 30th day after the tenant surrenders the premises (92.103). The landlord doesn't have to send it or the list until the tenant gives a written forwarding address (92.107). What goes with it: An itemized list of all deductions (92.104).
How much notice ends a month-to-month tenancy in Texas?
From the landlord: Either side may end it. The tenancy ends on the later of the day stated in the notice or one month after the notice is given (rental periods of at least one month). From the tenant: Either side may end it. The tenancy ends on the later of the day stated in the notice or one month after the notice is given (rental periods of at least one month).
What notice comes before an unpaid-rent case in Texas?
At least 3 days' written notice to vacate before filing, unless a written lease sets a shorter or longer period. From January 1, 2026, a tenant who wasn't late before the month of the notice gets it as a notice to pay rent or vacate.
How long does an eviction case take in Texas?
Time to answer or appear: At the hearing. Hearing after filing: 10 to 21 days. Judgment to writ: 6 to 60 days. These are the stated rules; the court's calendar often takes longer.
Can a Texas deposit dispute go to small claims court?
The small claims limit in our data: $20,000: the most a small claims case can ask for. The court's own page explains what kinds of cases it hears.
How much can a security deposit be in Texas?
Not confirmed in our data files. Check Texas State Law Library: Landlord/Tenant Law, Security Deposits (https://guides.sll.texas.gov/landlord-tenant-law/security-deposits).
How much notice before a landlord enters a rental in Texas?
Not confirmed in our data files. Check Texas State Law Library: Landlord/Tenant Law guide, ending the lease (https://guides.sll.texas.gov/landlord-tenant-law/ending-the-lease).
Related: Landlord rules by state · Kits for landlords