What Texas requires
- At the beginning of the tenant's possession, the landlord makes sure each smoke alarm is in good working order by testing it with smoke, with its test button, or by the manufacturer's recommended testTexas Property Code s. 92.258 (b)
- The landlord installs at least one smoke alarm in each separate bedroom, one in a corridor serving several bedrooms, and at least one on each levelTexas Property Code s. 92.255 (a)
- Security devices operated by a key, card or combination are rekeyed at the landlord's expense no later than the seventh day after each tenant turnover; closet and other interior door locks are excludedTexas Property Code s. 92.156 (a) and (d)
- The landlord refunds the security deposit on or before the 30th day after the tenant surrenders the premisesTexas Property Code s. 92.103 (a) · Texas Attorney General, Renter's Rights
- If any of the deposit is kept, the landlord gives the tenant the balance with a written description and itemized list of all deductions; the list is not needed only where the tenant owes rent and the amount is not in disputeTexas Property Code s. 92.104 (c) · Texas Attorney General, Renter's Rights
- No part of the deposit may cover normal wear and tear, meaning deterioration from the intended use of the dwelling; deterioration from negligence, carelessness, accident or abuse by the tenant, their household or guests is not wear and tearTexas Property Code ss. 92.104 (b) and 92.001 · Texas Attorney General, Renter's Rights
- The landlord need not return the deposit or describe deductions until the tenant gives a written forwarding address, but a tenant does not lose the refund or the description just by not giving oneTexas Property Code s. 92.107
- Missing the 30 days without a refund or itemization is presumed bad faith. Bad-faith retention costs 100 dollars plus three times the amount wrongfully withheld and attorney's fees; a bad-faith failure to itemize forfeits the right to withhold any of the deposit or to sue for damage to the premisesTexas Property Code s. 92.109 (a), (b) and (d)
- When a tenant sues over the deposit, the landlord has the burden of proving that keeping any part of it was reasonableTexas Property Code s. 92.109 (c)
- Where the lease required no security deposit, the landlord notifies the tenant in writing of a claim for damages and charges before reporting it to a credit bureau or debt collector, or forfeits the right to collect itTexas Property Code s. 92.110
Move-in duties that belong in the report
At the beginning of the tenant's possession, the landlord confirms each smoke alarm works by testing it with smoke, pressing its test button, or following the maker's test procedure. The Code also sets where alarms go: at least one in each separate bedroom, one in a corridor that serves several bedrooms, and at least one on every level.
Locks operated by a key, card or combination are rekeyed at the landlord's expense within seven days after each tenant turnover. Closet and other interior door locks are excluded. Recording the alarm tests and the rekeying in the move-in report gives both sides a dated record.
The 30-day refund and the itemized list
The landlord refunds the deposit on or before the 30th day after the tenant surrenders the premises. Whatever is kept comes with a written description and itemized list of all deductions; the only exception is rent the tenant owes when the amount is not in dispute.
The landlord does not have to send the refund or the list until the tenant gives a written forwarding address. A tenant who does not give one still keeps the right to the refund and the description.
Wear and tear versus damage
No part of the deposit may cover normal wear and tear, which the Code defines as deterioration that results from the intended use of the dwelling. Deterioration caused by negligence, carelessness, an accident or abuse by the tenant, their household or their guests is not wear and tear.
The Attorney General's guidance puts it plainly: a carpet that is simply more worn after a year of walking on it is wear, while a carpet that mildews after a leak can be charged. Notes that say what happened to each item make that call easier to defend.
What happens when it goes wrong
Missing the 30 days without a refund or itemization is presumed to be bad faith. Keeping a deposit in bad faith costs 100 dollars plus three times the amount wrongfully withheld and the tenant's attorney's fees, and failing to itemize in bad faith forfeits the right to keep any of the deposit or to sue for damage to the premises.
In a deposit lawsuit the landlord must prove that what was kept was reasonable. Where a lease took no deposit at all, the landlord gives the tenant written notice of a damage claim before reporting it to a credit bureau or debt collector.
From walkthrough notes to a finished Texas report
At move-in, note each room, every smoke alarm you tested and where it is, and whether the exterior locks were rekeyed. At move-out, note each item of damage and what caused it if you know. ReportDraft turns the notes into a room-by-room report with smoke alarms and locks as their own items, damage described line by line for the itemized list, and the tenant's forwarding address in the header.
Both reports follow the same rooms and items, so the move-out report reads as a comparison with the move-in one.
Common mistakes
- Handing over the keys without testing every smoke alarm at the start of the tenancy.
- Waiting more than seven days after a tenant turnover to rekey the exterior locks.
- Keeping deposit money for normal wear and tear from ordinary use.
- Sending the refund or the itemized list after the 30th day, which is presumed bad faith.
- Keeping part of the deposit without a written description and itemized list of each deduction.
Sources
- Texas Property Code s. 92.258 (b), checked October 9, 2026
- Texas Property Code s. 92.255 (a), checked October 9, 2026
- Texas Property Code s. 92.156 (a) and (d), checked October 9, 2026
- Texas Property Code s. 92.103 (a), checked October 9, 2026
- Texas Attorney General, Renter's Rights, checked October 9, 2026
- Texas Property Code s. 92.104 (c), checked October 9, 2026
- Texas Property Code ss. 92.104 (b) and 92.001, checked October 9, 2026
- Texas Property Code s. 92.107, checked October 9, 2026
- Texas Property Code s. 92.109 (a), (b) and (d), checked October 9, 2026
- Texas Property Code s. 92.109 (c), checked October 9, 2026
- Texas Property Code s. 92.110, checked October 9, 2026
Last reviewed October 9, 2026. Next review due January 9, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.