Texas Lease Agreement Builder — Property Code Chapter 92 Compliant
Generate a Texas residential lease that satisfies Property Code Chapter 92, including the 30-day security deposit refund rule, repair-and-remedy duties, and the disclosures Texas landlords are legally required to make.
AI-generated draft for review. Not legal advice. Starting at $49.
Legal Requirements in Texas
Refund the security deposit (or an itemized deduction list) within 30 days after the tenant surrenders the premises and provides a written forwarding address (Tex. Prop. Code § 92.103, § 92.104).
Provide an itemized written description of all deductions before retaining any part of the deposit when there is no rent dispute (Tex. Prop. Code § 92.104).
Disclose in the lease the name and address of the property owner or managing agent on the tenant's written request (Tex. Prop. Code § 92.201).
Make a diligent effort to repair conditions that materially affect the physical health or safety of an ordinary tenant after proper notice (Tex. Prop. Code § 92.052, § 92.056).
Install and maintain required security devices such as window latches, keyed deadbolts, and door viewers at the landlord's expense (Tex. Prop. Code § 92.153).
Provide smoke alarms and test or repair them on the tenant's request (Tex. Prop. Code § 92.255).
Key Statutes & Regulations
- Tex. Prop. Code § 92.103 — Obligation to Refund (30-day deposit return) (current through 2025)
- Tex. Prop. Code § 92.104 — Retention of Security Deposit; Accounting (current through 2025)
- Tex. Prop. Code § 92.109 — Liability of Landlord (bad-faith penalty) (current through 2025)
- Tex. Prop. Code § 92.052 — Landlord's Duty to Repair or Remedy (current through 2025)
- Tex. Prop. Code § 92.153 — Required Security Devices (current through 2025)
Common Pitfalls
- •Starting the 30-day deposit clock at move-out instead of when the tenant delivers a written forwarding address.
- •Charging the tenant for normal wear and tear, which Texas prohibits deducting from the deposit (§ 92.104).
- •Retaining the deposit in bad faith, triggering the $100 + treble damages + attorney's fees penalty under § 92.109.
- •Skipping required security devices (keyed deadbolts, window latches), which the landlord must install at its own cost.
Local Terminology
- Security deposit
- Any advance of money, other than a rental application deposit or advance rent, intended to secure performance of the lease (Tex. Prop. Code § 92.102).
- Repair and remedy
- The statutory process under § 92.052 et seq. allowing a tenant to compel repair of conditions affecting health or safety after written notice.
- Normal wear and tear
- Deterioration from ordinary, reasonable use that the landlord may not charge against the security deposit (§ 92.001).
How Texas Differs
Texas sets no statutory cap on the security deposit amount, unlike states such as California that limit it to one month's rent.
The 30-day refund clock does not start until the tenant gives a written forwarding address, a Texas-specific trigger many generic leases omit.
Texas imposes a stiff bad-faith penalty: $100 plus three times the wrongfully withheld deposit plus attorney's fees (§ 92.109).
Texas gives tenants a statutory repair-and-remedy process (notice, reasonable time, then repair-and-deduct or termination) rather than a generic warranty of habitability.
Frequently Asked Questions
How long does a Texas landlord have to return a security deposit?
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A Texas landlord must refund the security deposit, or provide an itemized list of deductions, within 30 days after the tenant surrenders the premises. Under Property Code § 92.103, that 30-day clock does not begin until the tenant gives the landlord a written forwarding address for the refund.
Is there a limit on security deposits in Texas?
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No. Texas Property Code Chapter 92 sets no statutory cap on residential security deposits, so a landlord may set the amount by agreement. This differs from states like California, which limit deposits to one month's rent. Local ordinances may still apply, so check city rules.
What happens if a Texas landlord wrongfully keeps the deposit?
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A landlord who acts in bad faith faces real consequences. Under Property Code § 92.109, the tenant can recover $100 plus three times the portion of the deposit wrongfully withheld, plus reasonable attorney's fees. Failing to provide an itemized list also forfeits the right to withhold any amount.
Can a Texas landlord deduct for normal wear and tear?
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No. A Texas landlord may not retain any part of the security deposit for normal wear and tear, defined in § 92.001 as deterioration from ordinary, reasonable use. Deductions are limited to damages and charges the tenant is legally liable for under the lease, such as unpaid rent or tenant-caused damage.
What is the repair-and-remedy process for Texas tenants?
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Under Property Code § 92.052, a Texas landlord must make a diligent effort to repair conditions materially affecting health or safety after the tenant gives written notice and is current on rent. If the landlord fails to act within a reasonable time, the tenant may repair and deduct, terminate the lease, or sue.
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