Texas is one of the largest rental markets in the country — and one of the least regulated when it comes to pet deposits. With no state cap, Texas renters with conventional pets are largely at the mercy of the market. ESA owners, however, have full federal Fair Housing Act protections that supersede Texas law entirely.
What Texas Law Says
Texas Property Code Chapter 92 does not set a maximum for pet deposits. Texas landlords can legally charge any pet deposit amount. Security deposits must be returned within 30 days. Landlords who wrongfully withhold deposits face 3x the withheld amount plus attorney fees.
Pet Deposit vs. Pet Fee in Texas Leases
The key distinction: pet deposits labeled "non-refundable" are legally non-refundable if your lease says so. Always clarify in writing which charges are refundable before signing.
ESA Owners: Texas State Law Doesn't Affect Your Rights
Federal law is your protection. Texas landlords cannot:
- Charge any pet deposit for your documented ESA
- Charge monthly pet rent for your ESA
- Require you to pay for PetScreening or any other screening service
- Apply breed or weight restrictions to your ESA
- Deny housing in a no-pets building because of your ESA
Texas Resources
- Texas Workforce Commission Civil Rights Division: twc.texas.gov
- Texas RioGrande Legal Aid: trla.org
- Lone Star Legal Aid: lonestarlegal.org
Practical Tips for Texas Renters
- Negotiate pet deposit amounts before signing — landlords often flex
- Clarify refundable vs. non-refundable in writing
- Document your pet's condition at move-in (photos/video)
- ESA owners: submit accommodation requests in writing before any lease discussion of pet fees