What Texas law gives you
Texas has clear rules on deposits, and most of them work in the renter's favor once you do your part. The landlord has 30 days after you surrender the home to refund the deposit or send a written, itemized list of deductions with whatever balance is left (Texas Property Code 92.103 and 92.104).
The clock and the refund depend on two things you control: moving out completely and giving the landlord a forwarding address in writing. Under section 92.107, a landlord is not required to send the refund or the list until you have given that address. Many deposits that seem lost were simply never mailed anywhere.
- Refund or itemized list within 30 days after you surrender the home.
- Deductions must be listed and described, not lumped into one number.
- Normal wear and tear cannot be charged against your deposit.
- A landlord who keeps a deposit in bad faith can owe you $100, three times the amount wrongfully withheld, and attorney's fees (section 92.109).
Wear and tear versus damage
This is where most disagreements start. Normal wear and tear is the deterioration that comes from ordinary, careful living over time. Damage is harm caused by accident, neglect or misuse. The longer you have lived in the home, the more wear is expected.
A landlord can deduct for damage, unpaid rent, unpaid utilities the lease made your responsibility, and other charges your lease clearly allows. A landlord cannot bill you to repaint a room simply because three years have passed, or to replace carpet that wore out from being walked on.
- Usually wear and tear: faded paint, light scuffs, small nail holes from hanging pictures, carpet worn in walkways, loose door handles, minor grout discoloration.
- Usually damage: large holes in walls, pet stains or chewed trim, burns in counters or carpet, broken blinds or windows, missing fixtures, unapproved paint colors.
- Gray area: heavy grime, smoke residue and yard neglect. Your lease and your move-in record usually decide these.
Protect your deposit from day one
Your move-in record is the most important document you have. If the carpet already had a stain when you arrived, you need proof. Rothrock does a photo inspection of every room before a tenant moves in, and you should still take your own photos and video, dated, and keep them somewhere other than your phone.
While you live there, report problems early. A slow drip under the sink that becomes a rotted cabinet can turn into a deduction if it was never reported. Rothrock tenants send repair requests with photos through the tenant platform, which also leaves a dated record that you reported it.
- Photograph every room, closet, appliance, floor and window at move-in.
- Note existing damage on the move-in condition form and keep a copy.
- Report leaks, AC problems and pest issues in writing as soon as you see them.
- Change the HVAC filter on schedule if your lease makes that your job. In a San Antonio summer a clogged filter can freeze the coil and cause water damage.
- Ask in writing before painting, mounting a TV or making any change.
Moving out the right way
Read your lease before you give notice. Many Texas leases require written notice before you move out, and if that requirement is underlined or in bold print, the landlord can make it a condition of the refund. Give the notice the lease asks for, in writing, and keep a copy.
Then leave the home the way you found it, minus normal wear. Clean thoroughly, including the oven, refrigerator, bathrooms and baseboards. Remove everything, including trash and items in the garage and yard. Return every key, remote and gate card.
- Give written notice as the lease requires.
- Send your forwarding address in writing, by email or letter, and keep proof.
- Pay your last month's rent. Do not tell the landlord to keep the deposit instead.
- Take dated photos and video after you finish cleaning.
- Return all keys and access devices and get a note that you did.
- Ask whether you can attend or schedule a walk-through.
Do not use the deposit as last month's rent
It is tempting to skip the last payment and let the deposit cover it. In Texas that is a costly mistake. The law treats withholding the last month's rent on the grounds that the deposit covers it as bad faith by the tenant, and a renter who does it can owe up to three times the rent withheld plus attorney's fees. The deposit is there for damage and lease charges, not to replace rent.
If the refund is late or you disagree
Start with a polite written request. Confirm the date you moved out, the date you sent your forwarding address and the amount you expected. Mistakes happen, and many are fixed at this step.
If you received an itemized list you disagree with, respond to each item with your move-in and move-out photos. If 30 days have passed with no refund and no list, and you gave your forwarding address, the law presumes the landlord acted in bad faith. A demand letter is usually the next step, and justice court handles many deposit disputes without a lawyer. For your own situation, a local attorney or tenant resource can advise you.
How it works when Rothrock manages your home
When you move out of a home Rothrock manages, the team inspects it against the move-in photos, not against memory. Any deduction is itemized and described, and the refund or list goes out within Texas's 30-day window to the forwarding address you give. If you have a question about a deduction, you can message the team through your tenant login, and you will be looking at the same photos the team used.
Questions
How long does a landlord have to return a security deposit in Texas?
30 days after you surrender the home, as long as you have given a forwarding address in writing. Within that time the landlord must refund the deposit or send a written, itemized list of deductions with any balance.
Can a landlord charge for carpet cleaning or painting in Texas?
Only for damage beyond normal wear and tear, or for charges your lease clearly sets out. Paint that faded and carpet that wore down with ordinary use are wear and tear. Stains, burns and unapproved paint colors are usually damage.
What if I never gave my landlord a forwarding address?
Send it now, in writing. The landlord is not required to send the refund or the itemized list until it has your forwarding address. Giving it late does not cancel your right to the deposit.
Can I use my security deposit for my last month's rent in Texas?
No. Texas law treats it as bad faith if you withhold the last month's rent because of the deposit, and you can owe up to three times the rent withheld plus attorney's fees. Pay the rent and let the deposit be refunded.
What can I do if my landlord keeps my deposit unfairly?
Ask for the refund or an itemized list in writing, with your photos. If that fails, a demand letter and a claim in justice court are common next steps. A landlord who acts in bad faith can owe $100, three times the amount wrongfully kept, and attorney's fees.
General information about Texas rules, not legal advice. For a specific situation, speak to a Texas attorney.