Texas Security Deposit Rules
Security deposit disputes are one of the most common landlord-tenant conflicts, and most of them are avoidable with proper documentation and process.
The 30-Day Rule
Texas Property Code Chapter 92 requires landlords to return the deposit, or provide an itemized list of deductions, within 30 days of the tenant surrendering the property. Missing this deadline without a valid reason can expose the landlord to liability beyond just the deposit amount.
What Can Be Deducted
Deductions are generally limited to unpaid rent and damage beyond normal wear and tear — not routine cleaning or minor scuffs that come from ordinary living. The distinction between "damage" and "wear and tear" is where most disputes arise.
Documentation Is Everything
A move-in inspection with photos and a signed condition report, compared against a matching move-out inspection, is what makes deductions defensible. Without that paper trail, a deduction is much harder to justify if challenged.
Forwarding Address Requirement
Texas law places some responsibility on the tenant too — landlords aren't required to return a deposit until they have a forwarding address from the tenant, though this doesn't remove the underlying deadline once an address is provided.
Avoiding a Dispute
Clear move-in documentation, a fair and consistent standard for what counts as damage versus wear and tear, and timely communication at move-out resolve the vast majority of deposit disagreements before they become a legal issue.
Frequently Asked Questions
Wear and tear is the expected result of everyday living (minor carpet wear, small nail holes); damage goes beyond that, like stains, holes, or broken fixtures caused by neglect or misuse.
A landlord who fails to return the deposit or a good-faith itemized deduction list within 30 days risks liability for the deposit plus statutory damages and the tenant's attorney's fees.
