A non-refundable pet deposit is not legal in Texas, at least not under that name. The Texas Property Code treats any money a landlord collects to secure a tenant’s performance under the lease as a security deposit, and every security deposit is refundable by definition. A landlord who wants to collect a one-time charge for a pet and keep it no matter what has to call it a pet fee and structure it as a fee, not a deposit.
Why the “Non-Refundable” Label Doesn’t Hold Up
Texas has no statute written specifically for pet deposits. They fall under the general security deposit rules in Chapter 92 of the Property Code. Section 92.102 defines a security deposit as “any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease.”1State of Texas. Texas Property Code Chapter 92
The definition turns on what the money is for, not what the lease calls it. Money collected to cover possible pet damage is money securing performance under the lease. That makes it a security deposit, whatever word the lease uses. A clause declaring the payment “non-refundable” does not override the statute, and a tenant who paid something labeled a non-refundable pet deposit has a reasonable argument that the charge is legally a security deposit and carries every protection that classification brings.
Pet Fees vs. Pet Deposits
The lawful way for a Texas landlord to collect a non-refundable charge is to structure it as a pet fee. A fee is a one-time charge for the privilege of keeping the animal in the unit. It is not tied to potential damage, and once paid, the money belongs to the landlord.
A pet deposit is different. It stays the tenant’s money, held by the landlord as security. The landlord can only keep it if the pet actually causes damage beyond normal wear and tear. If the pet leaves the unit in good condition, the full deposit comes back.
Landlords can charge both a non-refundable pet fee and a refundable pet deposit at the same time. That’s permissible as long as the lease clearly identifies each charge, gives the exact dollar amount, and states in plain language whether it is refundable or not. Texas law does not cap the amount of either charge, so landlords have wide discretion on price.
Getting a Pet Deposit Back at Move-Out
Any refundable pet deposit is governed by the same rules as any other security deposit under Chapter 92. The landlord has 30 days after the tenant surrenders the unit to return the deposit.2State of Texas. Texas Property Code Section 92-103 – Obligation to Refund That clock starts when the tenant hands back possession, not when the lease term technically ends. The 30-day obligation depends on the tenant providing a written forwarding address, so leave one at move-out.
The landlord may deduct for damages and other charges the tenant owes under the lease, but not for normal wear and tear. If any amount is withheld, the tenant is entitled to a written, itemized list of every deduction along with whatever balance remains. The itemized list and the remaining balance are both due within the same 30 days.3State of Texas. Texas Property Code Section 92-104 – Retention of Security Deposit; Accounting
What a Landlord Owes for Withholding in Bad Faith
A landlord who fails to return the deposit or provide the itemized list within 30 days is presumed to have acted in bad faith.4State of Texas. Texas Property Code Section 92-109 – Liability of Landlord The burden then falls on the landlord to prove the retention was reasonable.
A landlord found to have withheld in bad faith owes the tenant a flat $100, three times the amount wrongfully withheld, and reasonable attorney’s fees.4State of Texas. Texas Property Code Section 92-109 – Liability of Landlord A landlord who fails in bad faith to provide the itemized deduction list forfeits the right to withhold any portion of the deposit and loses the ability to sue the tenant for damages to the premises. These penalties give tenants real leverage when a landlord tries to pocket a refundable pet deposit without justification.
Pet Damage vs. Normal Wear and Tear
Most disputes over pet deposits come down to the line between damage and normal use. Deep scratches in hardwood from a dog’s nails, stains soaked into carpet padding, chewed door frames — these are damage a landlord can deduct for. Minor scuffing on floors or faint wear in high-traffic carpet is ordinary use, and the landlord cannot charge for it.
Pet odor is a gray area. A faint smell that a professional cleaning resolves may not justify a deduction; urine soaked into subflooring typically does. The longer the tenancy, the harder it is for a landlord to blame all carpet issues on the pet rather than ordinary aging. Carpet near the end of its useful life cannot be charged at full replacement cost either. The landlord is only entitled to the depreciated value based on the carpet’s age and expected lifespan.
Documentation decides these disputes. Photograph the unit at move-in and again at move-out. Without records, a landlord’s claim that the pet caused specific damage is hard to prove, and in Texas the landlord carries the burden of showing that keeping any portion of the deposit was reasonable.4State of Texas. Texas Property Code Section 92-109 – Liability of Landlord
Service Animals and Emotional Support Animals Are Not Pets
Everything above applies to pets. Service animals and emotional support animals are treated differently under the federal Fair Housing Act, which classifies them as reasonable accommodations for people with disabilities.5Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing A landlord cannot charge a pet fee, pet deposit, or monthly pet rent for a legitimate assistance animal, and the prohibition applies even in buildings with a blanket no-pets policy.6U.S. Department of Housing and Urban Development. Fact Sheet on HUD’s Assistance Animals Notice
The tenant is still on the hook for actual damage the animal causes. If a service dog destroys carpet, the landlord can deduct repair costs from the tenant’s regular security deposit under the same rules that apply to any other damage. The protection is against upfront charges, not against accountability for real harm.
Pending Legislation to Watch
Texas House Bill 410, introduced in November 2024 during the 89th legislative session, would create a new Section 92.027 addressing pet-related charges directly. The bill would let landlords collect either a one-time refundable pet deposit or a monthly pet fee capped at $20, but not both.7BillTrack50. Texas House Bill 410 As of early 2026, the bill was referred to the House Committee on Trade, Workforce and Economic Development and has not moved further. If it eventually passes, it would be the first Texas statute written specifically for pet charges in rental housing.