Short answer
In Texas, a landlord must refund the deposit, minus itemized deductions, within 30 days after you move out (Property Code 92.103), but doesn't have to until you give a written forwarding address (92.107). Landlords can deduct charges you owe under the lease, such as cleaning a unit left dirty, but not normal wear and tear (92.104). Keeping a deposit in bad faith can cost a landlord $100 plus three times the amount wrongly kept, plus attorney's fees (92.109).
A lot of move-out stress in Texas comes down to one question. Will I get my deposit back? Cleaning is the part of that you control, and Texas law sets the rules for everything after you hand over the keys.
We're a cleaning company, not lawyers. Here is what the Texas Property Code says in plain words, with the section numbers so you can read the law yourself. This isn't legal advice. If you're in a real dispute, talk to a lawyer or a legal aid office.
Where the law is
Security deposits for homes and apartments are covered by Texas Property Code Chapter 92, mainly Subchapter C, which starts at section 92.101. Section 92.001 has the definition of normal wear and tear. You can read the whole chapter free on the Texas Legislature's statutes website, linked in the sources below.
The rules, section by section
What a deposit is (92.102)
A security deposit is money paid in advance to secure the lease. It doesn't include a rental application deposit or rent paid in advance.
The 30-day deadline (92.103)
The landlord must refund the deposit on or before the 30th day after you surrender the place, which means move out and turn it over. That's subject to the forwarding address rule below.
There's also a notice rule. If your lease says you must give advance notice of moving out to get your deposit back, that requirement only counts if it's underlined or in conspicuous bold print in the lease (92.103(b)).
What can be deducted (92.104)
The landlord can deduct damages and charges you're legally liable for under the lease, or that result from breaking the lease. The landlord can't keep any part of the deposit to cover normal wear and tear.
If anything is kept, the landlord has to send you the balance along with a written description and an itemized list of every deduction. There's one exception. No itemized list is required if you owed rent when you moved out and there's no dispute about the amount.
Normal wear and tear (92.001)
The code defines normal wear and tear as deterioration that results from the intended use of the home. It doesn't include deterioration from negligence, carelessness, accident or abuse by the tenant, a household member or a guest.
The Texas Attorney General gives a clear example. Carpet worn thin from normal walking is wear and tear. Carpet mildewed from a leaking waterbed is damage.
On-time mailing (92.1041)
A refund or itemized list counts as on time if it's mailed and postmarked by the deadline.
Records (92.106)
The landlord must keep accurate records of security deposits.
The forwarding address (92.107)
The landlord doesn't have to refund the deposit or send the itemized list until you give a written forwarding address. If you never give one, you don't lose your right to the refund or the list, but the landlord's duty is on hold until you do. Put it in writing, by email or letter, and keep a copy.
Last month's rent (92.108)
You can't skip the last month's rent and tell the landlord to keep the deposit instead. The law presumes that's bad faith. A tenant who does it can owe three times the rent withheld plus the landlord's attorney's fees.
Landlord penalties (92.109)
- A landlord who keeps a deposit in bad faith owes $100, plus three times the amount wrongfully withheld, plus the tenant's reasonable attorney's fees.
- A landlord who fails in bad faith to give the itemized list loses the right to keep any of the deposit and pays the tenant's attorney's fees.
- In a lawsuit, the landlord has to prove that keeping the money was reasonable.
- If the landlord doesn't refund the deposit or send the itemized list within 30 days after you move out, bad faith is presumed.
These rights can't be signed away (92.006)
A lease can't waive the tenant's deposit rights under this subchapter.
Where cleaning fits
Under 92.104, cleaning charges come down to two things, what your lease says and what condition you leave the place in.
Most leases require the tenant to leave the unit clean. If you leave grease in the oven, food in the fridge and soap scum on the shower, the landlord can charge reasonable cleaning costs and itemize them. What they can't do is charge you for wear and tear, like faded paint or carpet worn in a walkway.
Cleaning can't fix damage. Holes in walls, burns, broken blinds and stains that soaked into carpet pad are separate from cleaning and can be charged when they go beyond normal wear and tear.
That's why a thorough move-out cleaning, plus photos, does two jobs. It heads off cleaning charges, and it gives you evidence if a deduction looks wrong. Our move-out cleaning checklist covers the spots landlords check first.
A simple timeline
- Before move-out. Read the lease's move-out and notice sections. Give notice the way the lease requires.
- Last days. Move out, clean, take dated photos or video.
- Surrender day. Return keys, fobs and remotes. Give a written forwarding address and keep proof.
- Next 30 days. Watch for the refund or itemized list.
- If it doesn't come, or a deduction looks wrong, write to the landlord, keep copies of everything, and get legal advice about your options.
The Attorney General's advice
The Texas Attorney General's renter page boils it down to a few steps. Read your lease, give a written forwarding address when you move out, and expect your deposit back within 30 days, minus itemized charges for damages beyond normal wear. The page is linked in the sources and is worth a read before you move.
Common questions
How long does a landlord have to return a deposit in Texas?
On or before the 30th day after the tenant surrenders the place, under Texas Property Code 92.103. Under 92.107, the landlord doesn't have to refund or send the itemized list until the tenant gives a written forwarding address.
Can a Texas landlord charge for cleaning?
They can deduct damages and charges you're legally liable for under the lease or for breaking it (Property Code 92.104). If your lease requires the unit to be left clean and it isn't, reasonable cleaning charges can be deducted. Normal wear and tear can't be.
What counts as normal wear and tear in Texas?
Property Code 92.001 defines it as deterioration from the intended use of the home. It doesn't include deterioration from negligence, carelessness, accident or abuse by the tenant, their household or guests. The Texas Attorney General's example is carpet worn from walking versus carpet mildewed from a leaking waterbed.
What happens if a Texas landlord keeps a deposit in bad faith?
Under Property Code 92.109, the landlord can owe $100, plus three times the amount wrongfully withheld, plus the tenant's reasonable attorney's fees. Not refunding or itemizing within 30 days of move-out is presumed bad faith.
Can I use my deposit as my last month's rent in Texas?
No. Property Code 92.108 says a tenant can't withhold the last month's rent on the grounds that the deposit covers it. Doing it is presumed bad faith and can cost three times the rent withheld plus the landlord's attorney's fees.
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Sources
- Texas Property Code Chapter 92, Residential Tenancies, Subchapter C Security Deposits (Secs. 92.001, 92.006, 92.102 to 92.109) (accessed Oct 8, 2026)
- Texas Property Code Chapter 92, text copy on the Texas Legislature document server (accessed Oct 8, 2026)
- Renter's Rights (Office of the Texas Attorney General) (accessed Oct 8, 2026)