Can a landlord ask for first and last month rent plus security in texas

Security deposits are meant to protect Texas landlords against liabilities and recover costs that arise from a tenant’s use (or misuse) of their rented premises. An example of some of these liabilities include if a tenant owes rent, caused property damage, or if renters abandoned the property. 

Texas, just like other states, has a statewide security deposit law. Security deposit laws are part of the Texas landlord-tenant laws and contains rules that every Texas landlord must adhere to concerning a tenant’s security deposit. 

As a landlord, failure to follow these Texas laws can result in some penalties. For instance, you may lose your right to make any deductions from your tenant’s security deposit. 

The following is a basic overview of the security deposit laws in the state of Texas.

1. Texas Security Deposit Limit 

In some states, landlords are limited by security deposit laws to how much they can charge their tenant as security deposit. However, in the state of Texas, this is not the case. In Texas, landlords can charge whatever amount of security deposit they deem right for their properties. 

That said, most Texas landlords have their tenants pay the equivalent of two month's rent as a security deposit.  

As a landlord, charging a reasonable security deposit is key to your property’s long-term success. Balance is important because overcharging makes your unit undesirable, while undercharging means you’re taking on additional risk.  

2. Storing a Tenant’s Security Deposit 

Per Texas law, there is no requirement as to how a landlord must store security deposits from a tenant. That said, while there aren’t any security deposit laws that cover this at the statewide level, there may be local laws to follow. So, make sure to check your municipality or county’s laws regarding storing a tenant’s security deposit. 

3. Written Notice Requirement 

In a state like New York, for example, a landlord is required provide the tenant written notice upon the date they receive security deposits. In the notice to the tenant, the landlord must state three crucial things in writing. That is, the amount withheld, and the name and address of the financial institution holding the deposit. 

That said, this is not the case in the state of Texas. As a landlord, you don’t have to offer your tenants a written notice when they pay their security deposit. However, again, make sure to check the requirements at the local level. 

4. Security Deposit Deductions 

So, can a property owner make deductions to a tenant’s security deposit? Yes, as a Texas landlord, you have grounds to keep part or all of a tenant’s security deposit if the renters breach terms of the lease, have unpaid rent, or violate the rental agreement per state security deposit laws. 

The following are common reasons for security deposit deductions. 

By far, the most common reason for security deposit deductions is excessive property damage by tenants. Excessive property damage is any damage that exceeds normal wear and tear.

Common examples include:

• Holes, burns, pet stains or a tear in the carpet.
• Disabled locks or broken doors.
• Excessive dirtiness in kitchen or bathroom. 
• Unapproved paint on the walls.
• Broken appliances due to misuse.
• Sizeable or numerous holes in the wall.
• Missing or damaged door locks/handles. 
• A broken or missing toilet seat.
• A smashed bathroom mirror. 

If your tenant does any of these, you may have a reasonable claim to deduct part or all of their deposit. However, a security deposit doesn't cover normal wear and tear on the premises. That’s because normal wear and tear, which necessitates repairs and maintenance, occur due to normal ageing of the property.

Common examples of normal wear and tear include:

• Normal dirt and wear in carpets.
• Broken light bulbs. 
• Fading in curtains, paint, or wallpaper due to age or sun exposure.
• Worn out batteries in carbon monoxide or smoke detectors. 
• Silver finish in bathroom fixtures starting to wear out. 
• Color of hardwood or carpet fading as a result of sun exposure. 

Besides excessive property damage to the rental unit, which enables you to deduct all actual expenses incurred, you may also be entitled to keep the entire tenant’s deposit if the tenant fails to provide advance notice when moving out or if they break their lease early. You must, however, spell out this provision in your lease. 

5. Security Deposit as Last Month’s Rent

According to Texas law, a tenant cannot use the security deposit as their last month’s rent for the rental unit. If a tenant does so, they may become liable for paying the landlord up to 3X the amount plus an attorney fee. 

6. Walk-Through Inspections 

A walk-through inspection is a visual inspection to document the property’s condition. Landlords use this opportunity to check whether a tenant has any excessive property damage that will require you to deduct an amount from their deposit or not. 

While some states make it mandatory, Texas does not.

7. Security Deposit Refund 

As a Texas landlord, you have exactly 30 days to return tenants' security deposits. The only exception to this rule is if you don’t have the tenant’s forwarding address. In that case, the landlord retains the deposit until the tenant provides their new forwarding address. 

If you’ve made deductions, you must also accompany the remaining deposit with an itemized list of damages and a receipt detailing their approximate cost of repair that the amount you deduct will cover. 

8. Nonrefundable Deposits 

Texas allows landlords to charge both refundable and non-refundable security deposits. A refundable deposit is naturally refundable, less any deductions, at the end of the lease term.

Non-refundable deposits, on the other hand, are just that – non-refundable. As a landlord, you must, however, make sure to provide advance notice and clearly spell this out in the lease or rental agreement. 

9. Wrongful Withholding  

If a landlord fails to return or attempts to wrongly withhold a tenant’s deposit, they may be subject to some penalties. For instance, you may be responsible for paying the tenant up to 3X the amount wrongfully withheld. 

Also, you give up the right to withhold any portion of a renter's deposit and might also be liable for paying the tenant’s attorney's fee. 

10. Sale of the Property 

If the rental property changes hands during the tenancy, you are required to transfer the money from your tenant’s deposit to the new landlord. The incoming landlord then becomes responsible for safekeeping the tenant’s deposit. 

Need Help?

Do you still need more help? If so, SGI Property Management Dallas can help. We are a full-service property management company that can help manage all aspects of your Dallas home. 

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