Sources checked:
Quick answer. Texas: no deposit cap in the law read; deposit returned within 30 days; one-month notice to end month-to-month; 3-day notice for unpaid rent; $54 eviction filing fee; $20,000 small claims limit. 19 of 23 items are confirmed on official pages; 4 are marked not confirmed, with the page to check.
Key numbers
- Deposit limit
- No cap in the law read
- Deposit back within
- 30 days
- Month-to-month notice (landlord)
- 1 month
- Unpaid rent notice
- 3 days
- Filing fee
- $54
- Time to answer or appear
- At the hearing
- Judgment to writ
- 6 to 60 days
- Writ to lockout
- 24 hours
- Small claims limit
- $20,000
Security deposit (4 of 6 confirmed)
Law read: Tex. Prop. Code 92.103, 92.104, 92.107, 92.109.
Need the other side served? Process serving with an affidavit of service.
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ConfirmedDeposit limit
No maximum: Nolo's Texas page says 'Texas state law does not limit how much a landlord can charge for a security deposit', and 92.102 (2025 text on Justia) only defines a deposit. The State Law Library guide states no limit.
Sources: Justia (statute text) (secondary source): 2025 Texas Property Code 92.102, Security Deposit; Nolo (secondary source): Texas Security Deposit Limits and Deadlines, checked November 2026
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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).
Sources: Texas State Law Library: Landlord/Tenant Law, Security Deposits; Justia (statute text) (secondary source): 2025 Texas Property Code 92.102, Security Deposit; Nolo (secondary source): Texas Security Deposit Limits and Deadlines, checked November 2026
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ConfirmedItemized list of deductions
An itemized list of all deductions (92.104).
Sources: Texas State Law Library: Landlord/Tenant Law, Security Deposits; Justia (statute text) (secondary source): 2025 Texas Property Code 92.102, Security Deposit; Nolo (secondary source): Texas Security Deposit Limits and Deadlines, 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).
Sources: Texas State Law Library: Landlord/Tenant Law, Security Deposits; Justia (statute text) (secondary source): 2025 Texas Property Code 92.102, Security Deposit; Nolo (secondary source): Texas Security Deposit Limits and Deadlines, checked November 2026
More: Security deposit rules by state · Deposit return deadline calculator
Notice periods (6 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 | No rent increase notice period on the State Law Library's pages; Nolo's 50-state chart (updated 4/25/2024) says there is no Texas statute on the notice required to change rent or other terms. Check the lease. | Sources: Texas State Law Library: Landlord/Tenant Law guide, ending the lease; Nolo (secondary source): State Rules on Notice Required to Change or Terminate a Month-to-Month Tenancy, 50-state chart (updated 4/25/2024), checked November 2026 |
| 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. | Sources: Texas State Law Library: Landlord/Tenant Law guide, the eviction process; Texas Legislature: SB 38 (2025), enrolled, amending Property Code 24.005, checked November 2026 (Property Code 24.005(a), as amended by SB 38 (2025)) |
| Entry notice | No entry notice statute: Nolo's 50-state chart (updated 7/18/2025) lists Texas as 'No statute'. Check the lease. | Source: Nolo (secondary source): State Laws on Landlord's Access to Rental Property, 50-state chart (updated 7/18/2025), checked November 2026 |
| 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 (8 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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ConfirmedFiling fee
$54 justice court filing fee in both county fee lists read (Gillespie and Taylor), plus a constable service fee for each defendant that varies by county ($80 in Taylor County, $85 in Gillespie County).
Filing fee = $54.00
Source: Gillespie County, Texas: Eviction Information (Justice Court), checked November 2026
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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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ConfirmedWrit to lockout
The constable posts a 24-hour notice before carrying out the writ of possession.
The constable posts a 24-hour notice before executing the writ
Source: Gillespie County, Texas: Eviction Information (Justice Court), checked November 2026
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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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ConfirmedRight to counsel (statewide)
No statewide right to counsel for tenants in eviction cases (as of November 2026, per the National Coalition for a Civil Right to Counsel): its tracker of enacted laws lists no statewide law here.
An eviction right to counsel is created by an enacted law that, at a minimum:
Source: National Coalition for a Civil Right to Counsel (secondary source): National Coalition for a Civil Right to Counsel: Enacted Eviction Right to Counsel and Eviction Defense Programs (last modified November 2026), checked November 2026
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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 |
| Earliest lockout | Thursday, March 18, 2027 |
More: Texas eviction process · 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.
Filing fee to start a case: $54.
Source: Texas State Law Library: Small Claims Cases guide, checked November 2026
More: Texas small claims court
Still to confirm
- 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
- Paying to stop the case: 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)
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 much can a security deposit be in Texas?
No maximum: Nolo's Texas page says 'Texas state law does not limit how much a landlord can charge for a security deposit', and 92.102 (2025 text on Justia) only defines a deposit. The State Law Library guide states no limit.
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 much notice before a landlord enters a rental in Texas?
No entry notice statute: Nolo's 50-state chart (updated 7/18/2025) lists Texas as 'No statute'. Check the lease.
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. Writ to lockout: 24 hours. These are the stated rules; the court's calendar often takes longer.
What does it cost to file an eviction case in Texas?
$54 justice court filing fee in both county fee lists read (Gillespie and Taylor), plus a constable service fee for each defendant that varies by county ($80 in Taylor County, $85 in Gillespie County).
Related: Landlord rules by state · Kits for landlords