When a lease ends, many tenants expect their security deposit to come back in full. When renters move out, one of the biggest worries is whether they’ll get their security deposit back. Too often, landlords keep part—or even all—of a deposit for reasons that don’t seem fair. For Texas tenants, it helps to know what the law says and what steps you can take if your landlord makes questionable deductions.
The 30-Day Deadline
In Texas, your landlord has 30 days after you move out and return the keys to either send your deposit back or give you a written list of what they deducted. If they miss that deadline, the law presumes they acted in bad faith. This means that tenants can take landlords to (often small claims) court and potentially recover more than just the deposit itself.
Receipts and Estimates Matter
If a landlord charges you for repairs, they can’t just write down numbers. They have to back it up. If the repair is finished, they should provide a receipt. If it’s not done yet, they need to give you a written estimate. This paperwork is important. Without it, it’s hard to know if the deduction is real or inflated.
Normal Wear and Tear vs. Damage
The law also makes a distinction between tenant damage and “normal wear and tear.” Examples of normal wear and tear include worn carpet, faded paint, or minor scuff marks. These cannot be charged against a deposit. Landlords may deduct for tenant-caused damage—like large holes in walls, broken fixtures, or stains—but not for upgrades or general renovations to prepare a unit for resale.
Extra Rent Charges
Sometimes landlords add prorated rent if a tenant stays a few days past the end of the lease. This is only enforceable if it was clearly agreed upon in writing or stated as a clause in the lease. If the landlord gave permission to move out over a weekend without mentioning rent for those days, tenants may be able to dispute the charge.
Options for Tenants
If a landlord wrongfully withholds a deposit, Texas Property Code § 92.109 allows tenants to recover the amount withheld, plus possible penalties.
Local Resources
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org