Landlord Move-In / Move-Out Condition Checklist — Texas

LANDLORD MOVE-IN / MOVE-OUT CONDITION CHECKLIST — TEXAS

TEXAS PROPERTY CODE §§ 92.101–92.109 COMPLIANT

This checklist documents the condition of the rental premises at the commencement and termination of a residential tenancy. Texas law requires landlords to return security deposits within 30 days after the tenant surrenders possession and provides a forwarding address. Bad-faith retention subjects the landlord to treble damages plus $100 and attorney fees.

SECTION 1 — PROPERTY AND TENANCY INFORMATION

Texas Deposit Limit: Texas does not impose a statutory limit on the amount a landlord may collect as a security deposit. The amount is governed solely by the lease agreement. However, excessively large deposits may be deemed unconscionable.

SECTION 2 — CONDITION RATING SYSTEM

SECTION 3 — MOVE-IN INSPECTION

Move-In Inspection Date: [__/__/____]
Move-In Inspection Time: [____:____] ☐ AM ☐ PM
Inspection Conducted By: [________________________________]
Tenant Present: ☐ Yes ☐ No

3.1 — LIVING ROOM / ENTRY

3.2 — KITCHEN

3.3 — BATHROOM(S)

Bathroom Location: [________________________________]

(Copy this section for each additional bathroom.)

3.4 — BEDROOM(S)

Bedroom Number: [________________________________]

(Copy this section for each additional bedroom.)

3.5 — DINING AREA / HALLWAYS

3.6 — LAUNDRY AREA

3.7 — GARAGE / CARPORT / PARKING

3.8 — EXTERIOR / PATIO / YARD

3.9 — SECURITY DEVICES (Texas Property Code §§ 92.153–92.170)

Texas law requires specific security devices on residential rental property. The landlord must provide and maintain the following at the landlord's expense:

NOTE: Under Tex. Prop. Code § 92.164, the tenant may request that the landlord rekey the exterior door locks at the tenant's expense within seven days of move-in. At change of occupancy, the landlord must rekey deadbolts at the landlord's expense.

☐ Locks rekeyed at change of occupancy: ☐ Yes ☐ No
☐ Date rekeyed: [__/__/____]

3.10 — PLUMBING / HVAC / ELECTRICAL

SECTION 4 — UTILITY METER READINGS AT MOVE-IN

SECTION 5 — KEYS AND ACCESS DEVICES AT MOVE-IN

SECTION 6 — PHOTO / VIDEO DOCUMENTATION LOG (MOVE-IN)

Total photographs: [____] | Video recorded: ☐ Yes ☐ No
Digital files stored at: [________________________________]

SECTION 7 — MOVE-IN AGREED REPAIRS

SECTION 8 — MOVE-IN SIGNATURES

Tenant Signature: __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Tenant Signature (2): __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Landlord / Agent Signature: __________________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

SECTION 9 — MOVE-OUT INSPECTION

Move-Out Inspection Date: [__/__/____]
Move-Out Inspection Time: [____:____] ☐ AM ☐ PM
Inspection Conducted By: [________________________________]
Tenant Present: ☐ Yes ☐ No

Tenant Forwarding Address (CRITICAL — Tex. Prop. Code § 92.107)

IMPORTANT: The landlord's obligation to return the security deposit or provide a written description and itemization of deductions does not begin until the tenant provides a written forwarding address. However, the tenant does not forfeit the right to the refund by failing to provide a forwarding address — the obligation is merely tolled.

☐ Tenant has provided written forwarding address: ☐ Yes ☐ No

Tenant Forwarding Address:
[________________________________]
[________________________________]
[________________________________]

Date forwarding address received: [__/__/____]
30-day deadline begins: [__/__/____]

Move-Out Condition Assessment

Utility Meter Readings at Move-Out

Keys and Access Devices Returned

Unreturned key / device replacement cost: $ [________________________________]

Move-Out Photo / Video Documentation

Total photographs: [____] | Video recorded: ☐ Yes ☐ No

SECTION 10 — SECURITY DEPOSIT ACCOUNTING (30-DAY DEADLINE)

DEADLINE — Tex. Prop. Code § 92.103: The landlord must refund the security deposit on or before the 30th day after the date the tenant surrenders the premises AND provides a written forwarding address.

Date tenant surrendered premises: [__/__/____]
Date forwarding address received: [__/__/____]
30-day deadline: [__/__/____]

Written description and itemized list of deductions sent on: [__/__/____]
Refund check mailed on: [__/__/____]
Delivery method: ☐ First-class mail ☐ Certified mail ☐ Personal delivery

SECTION 11 — MOVE-OUT SIGNATURES

Tenant Signature: __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Tenant Signature (2): __________________________________________ Date: [__/__/____]

Tenant Printed Name: [________________________________]

Landlord / Agent Signature: __________________________________________ Date: [__/__/____]

Printed Name / Title: [________________________________]

SECTION 12 — TEXAS COMPLIANCE SUMMARY

Security Deposit Return — Key Rules

• 30-day deadline: Begins when the tenant both (1) surrenders the premises and (2) provides a written forwarding address (§ 92.103, § 92.107)
• Itemized statement required: If any deductions are made, the landlord must provide a "written description and an itemized list of all deductions" (§ 92.104)
• Mailing address: The refund and statement must be mailed to the tenant's forwarding address (§ 92.107)

Bad-Faith Penalty (Tex. Prop. Code § 92.109)

A landlord who in bad faith retains a security deposit is liable for:

• $100, plus
• Three times the portion of the deposit wrongfully withheld, plus
• The tenant's reasonable attorney fees

A landlord who fails to return the deposit or provide the itemized statement within 30 days is presumed to have acted in bad faith (§ 92.109(d)).

Normal Wear and Tear (Tex. Prop. Code § 92.104)

Texas law prohibits deductions for "normal wear and tear." While not statutorily defined, Texas courts generally recognize normal wear and tear as deterioration resulting from the intended use of the dwelling, without negligence, carelessness, accident, or abuse. Examples include: minor scuffs on walls, slight carpet wear, faded paint, worn finishes on fixtures, small nail holes. Damage beyond normal wear includes: large holes in walls, excessive stains or burns, broken fixtures, unauthorized modifications, pet damage.

Refundable vs. Non-Refundable Charges

Texas courts have upheld that a "security deposit" under the Property Code is any deposit of money intended to secure the tenant's obligations. Fees or charges labeled "non-refundable" in the lease (e.g., pet fees, administrative fees) may not be treated as security deposits and are not subject to the return requirements. However, any charge that functions as a security deposit regardless of label will be treated as one.

Security Device Requirements (Tex. Prop. Code §§ 92.153–92.170)

Texas mandates specific security devices on residential rental property, including:

• Keyed deadbolts on all exterior doors
• Keyless bolting devices (interior thumbturns) on all exterior doors
• Sliding door pin locks and handle latches or security bars
• Door viewers (peepholes) on all exterior doors
• Window latches on all windows
• Rekeying of locks at each change of occupancy (at landlord's expense)

Tenant may request rekeying at tenant's expense at other times, and the landlord must comply within seven days. Failure to install or maintain required security devices subjects the landlord to liability for actual damages, one month's rent plus $500, court costs, and attorney fees.

SECTION 13 — RECORD RETENTION

Retain this completed checklist, all photographs, video recordings, receipts, invoices, and correspondence for at least four years after the tenancy ends (consistent with the statute of limitations for debt and contract claims under Tex. Civ. Prac. & Rem. Code § 16.004).

☐ Move-in checklist filed
☐ Move-in photographs/video archived
☐ Move-out checklist filed
☐ Move-out photographs/video archived
☐ Security deposit accounting and itemized statement filed
☐ Forwarding address documentation filed
☐ Lock rekeying records filed

This template is provided for informational purposes only and does not constitute legal advice. Texas security deposit law imposes strict deadlines and significant penalties for non-compliance. Consult a qualified Texas attorney before relying on this document.