Updated
Texas renter basics
In Texas, a landlord must refund a security deposit, with a written itemized list of any deductions, within 30 days after you move out, once you give a forwarding address in writing (Texas Property Code secs. 92.103, 92.104, 92.107). The landlord must also try diligently to repair conditions that materially affect an ordinary tenant's health or safety (sec. 92.052).
A plain-English overview, not legal advice. For your specific situation, read your lease and the official sources linked on this page, or consult a licensed attorney.
How long does a Texas landlord have to return a security deposit?
A Texas landlord must refund a security deposit on or before the 30th day after the tenant surrenders the unit (Texas Property Code sec. 92.103), but does not have to until the tenant gives a written forwarding address (sec. 92.107).
The forwarding address. It does not have to be where you will live, just a reliable place to receive mail. Missing it does not forfeit your refund (sec. 92.107(b)); it only delays the landlord's deadline.
Deductions. If the landlord keeps any part of the deposit, you are entitled to the balance plus a written description and itemized list of all deductions (sec. 92.104(c)).
Normal wear and tear. A landlord may not keep any part of the deposit to cover normal wear and tear -- the ordinary aging of a home from everyday use (sec. 92.104(b)).
The last month's rent. You may not skip the last month's rent on the theory that the deposit covers it (sec. 92.108).
Protect yourself. Photograph and video the unit on move-in and move-out day, and keep copies of every notice you send.
How do you request repairs from a Texas landlord?
Request repairs from a Texas landlord by giving notice where you normally pay rent while you are current on rent (Texas Property Code sec. 92.052); to keep the statute's remedies open, send it by certified or other tracked mail or follow up in writing (sec. 92.056).
The duty covers conditions that materially affect the physical health or safety of an ordinary tenant (sec. 92.052(a)). To use your rights under that law:
- Be current on rent when you give each notice (secs. 92.052(a)(2), 92.056(b)(6)).
- Give notice in writing and keep a copy. Written notice is required if your written lease requires it (sec. 92.052(d)); it is the safer choice either way.
- Send it by certified mail, return receipt requested, registered mail, or another tracked mail service if you can. Sent that way, one notice is enough; otherwise a second written notice after a reasonable time is required before the remedies apply (sec. 92.056(b)(3)).
- Allow reasonable time. The law presumes seven days is a reasonable time to repair, a presumption that can be rebutted based on the severity of the condition and the availability of materials, labor and utilities (sec. 92.056(d)).
If the landlord is liable, the statute's remedies include ending the lease, repair-and-deduct under its specific rules, and court remedies (secs. 92.056(e), 92.0561, 92.0563). Do not simply withhold rent to force a repair: a tenant who withholds rent outside those rules can owe the landlord damages (sec. 92.058).
What should you check before signing a Texas lease?
Before signing a Texas lease, read every page and addendum and confirm the rent, due date and late fees, the start and end dates, the notice needed to move out or renew, early-termination terms, and who pays each utility.
- Read the whole lease, including every addendum.
- Confirm rent, due date, late fees and how you pay.
- Confirm the lease start and end dates, and the notice required to move out or renew.
- Find out what happens if you need to leave early.
- Find out who pays each utility and which charges are billed by the property.
- Get any move-in special or promised repair in writing.
- Ask about the pet policy and fees if you have a pet. (Assistance animals for people with disabilities are not pets under fair housing law and are handled through a reasonable-accommodation request.)
Is renter's insurance required in Texas?
Texas Property Code Chapter 92 does not require renter's insurance, but a Texas lease can, so check yours; even when it is optional, a policy can cover your belongings and your liability.
The property's own insurance generally does not cover your things.
Where can Texas renters read the official rules?
Texas renters can read the official text of Texas Property Code Chapter 92, Residential Tenancies, on the Texas Legislature's statutes site, and plain-language explanations on TexasLawHelp.org.
- Texas Property Code, Chapter 92 (Residential Tenancies), official text: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.92.htm
- TexasLawHelp.org, "Security Deposits": https://texaslawhelp.org/article/security-deposits
- TexasLawHelp.org, "Right to Repairs as a Tenant": https://texaslawhelp.org/article/right-to-repairs-as-a-tenant
- Your city's tenant resources
Texas renter questions
Can a Texas landlord keep a security deposit for normal wear and tear?
No. Texas Property Code sec. 92.104(b) bars a landlord from keeping any part of a tenant's security deposit to cover normal wear and tear.
Can a Texas tenant use the security deposit as the last month's rent?
No. Texas Property Code sec. 92.108 says a tenant may not withhold the last month's rent on the grounds that the security deposit covers it, and a tenant who does so in bad faith can owe three times the rent withheld plus the landlord's attorney's fees.
What is a reasonable time for a Texas landlord to make repairs?
Texas law presumes seven days is a reasonable time for a landlord to repair a condition affecting a tenant's health or safety, but the presumption can be rebutted based on the condition's severity and the availability of materials and labor (Texas Property Code sec. 92.056(d)).
Can a Texas renter withhold rent until repairs are made?
No. A Texas renter who withholds rent outside the repair statute's rules can owe the landlord actual damages, and after a written warning a bad-faith violation can cost one month's rent plus $500 (Texas Property Code sec. 92.058).