Texas Security Deposit Rules Every San Antonio Landlord Should Know

Texas security deposit rules for landlords are where first-time San Antonio landlords can get into trouble. The rules are not complicated, but they come with a deadline, and missing it can cost far more than the deposit itself. Harvest Real Estate Property Management handles deposit accounting on every home it manages, and this is the short version every self-managing owner should know. It is general information, not legal advice.

Under the Texas Property Code, a landlord must refund the security deposit, or provide a written, itemized list of deductions along with any balance, within 30 days after the tenant surrenders the home. Surrender generally means the tenant has moved out and turned in the keys or otherwise given up possession.

The landlord is not required to send the refund or the list until the tenant gives a written forwarding address. That is worth putting in your move-out instructions so the tenant knows to send it.

Deductions are for damage and charges the tenant is legally responsible for under the lease, such as unpaid rent or damage beyond normal wear and tear. Normal wear and tear cannot be deducted. Faded paint after years of sunlight and light carpet wear in walkways are wear and tear. A hole in a door or pet damage to the carpet usually are not.

The line is easier to hold when you can show what the home looked like on move-in day. That is why the move-in condition record, with photos of every room, matters so much.

Texas law treats a landlord who fails to return the deposit or provide the itemized list within 30 days as presumed to have acted in bad faith. A landlord found to have acted in bad faith can owe the tenant $100, three times the amount wrongfully withheld, and the tenant's attorney's fees. On a $1,800 deposit, that can add up quickly.

Tenants have rules too. A tenant may not withhold the last month's rent on the grounds that the deposit covers it.

When we place a tenant, the home is photographed room by room at move-in. With full-service management it is inspected with photos every six months and again at move-out, and we prepare the itemized accounting within the Texas deadline. If you manage the home yourself after tenant placement in San Antonio, the move-in photos from placement are your record.

First time renting a home? Read about help for first-time landlords in San Antonio.

If you are renting a home in San Antonio for the first time, or a deposit dispute has you rethinking self-management, send us your questions or call 210-889-7495. For a specific dispute, talk to an attorney.