What does a Texas move-in/move-out inspection checklist actually prove?

It fixes the condition of the property at two points in time, so any difference between them is attributable to the tenancy. Texas Property Code §92.104(a) lets a landlord deduct from the deposit only damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease, and §92.109(c) puts the burden of proving that a retention was reasonable on the landlord. A checklist signed by both parties at move-in and again at move-out is what turns a deduction from an assertion into a documented change in condition.

Is a move-in inspection required by Texas law?

No. Texas has no statute requiring a move-in inspection, a move-out inspection, or a pre-move-out walkthrough, and none prescribing a checklist form. What Texas imposes is the consequence. Property Code §92.101 applies the security-deposit subchapter to all residential leases, §92.104(c) requires a written description and itemized list of all deductions whenever any portion of the deposit is retained, and §92.109(c) places the burden of proving a retention reasonable on the landlord. The inspection itself is voluntary; the evidence it produces is what the statute effectively demands of you.

What counts as normal wear and tear in Texas, and what can I charge the tenant for?

Texas defines the term rather than leaving it to argument. Under Property Code §92.001(4), normal wear and tear means deterioration that results from the intended use of a dwelling, including breakage or malfunction due to age or deteriorated condition, but it does not include deterioration resulting from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, a member of the tenant's household, or a guest or invitee. Section 92.104(b) then bars retaining any portion of a deposit to cover normal wear and tear. Traffic-pattern carpet wear and aged paint sit on the wear side; a burn, a pet stain, or a broken fixture does not.

How long do I have to return a Texas security deposit and itemize the deductions?

Property Code §92.103(a) requires the landlord to refund the security deposit on or before the 30th day after the date the tenant surrenders the premises, except as provided by §92.107. If any portion is kept, §92.104(c) requires the balance to be given together with a written description and itemized list of all deductions, and no dollar threshold excuses that itemization. The only carve-out in §92.104(c) is where the tenant owes rent at surrender and there is no controversy about the amount owed. Under §92.109(d), missing the 30th day raises a presumption of bad faith.

What if my tenant never gave me a forwarding address?

Section 92.107(a) provides that the landlord is not obligated to return the deposit or give the tenant a written description of damages and charges until the tenant gives a written statement of a forwarding address for the purpose of refunding the deposit. That suspends the obligation. It is a condition on the duty, not a fresh start date, and §92.107(b) is explicit that the tenant does not forfeit the right to a refund or to a description of damages and charges merely for failing to give an address. Treat it as a pause, keep the checklist and itemization prepared, and send both the day an address arrives.

What happens at move-out if there was never a move-in inspection?

You lose the baseline, and nothing shifts the burden to compensate. Under §92.109(c) the landlord, not the tenant, must prove that retaining any portion of the deposit was reasonable, so without a move-in record you are asserting that a condition is new with nothing contemporaneous showing it was not already present. Section 92.109(a) makes that expensive where the retention is found to be in bad faith: an amount equal to $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees. Dated photographs and the tenant's own early written complaints are the fallback evidence.

What evidence practice makes an inspection checklist survive a deposit dispute?

Both signatures at both walkthroughs. A checklist the tenant signed at move-in is an admission about condition; one the landlord completed alone is only a claim. Pair every room with dated photographs taken the same day, and record specific locations rather than conclusions, so that a three-inch gouge on the east wall left of the closet is written down as exactly that and not as damage. When you itemize under §92.104(c), describe each deduction so it maps to a numbered line on the checklist and to an image. That mapping is what discharges the §92.109(c) burden.

How long should I keep the signed checklist and the move-in photos?

Texas prescribes no records-retention period for inspection documents, so tie retention to how long you could still be sued rather than to a filing rule. Texas Civil Practice and Remedies Code §16.051 provides that every action for which there is no express limitations period, except an action for the recovery of real property, must be brought not later than four years after the day the cause of action accrues, and §16.004(a)(3) sets the same four-year period for an action on a debt. Keep the checklist, the itemization, and the images at least that long, stored so their dates can still be demonstrated.

📋 Texas Inspection Forms: Move-In / Move-Out Inspection Checklist TX SD Disposition TX SD Notice All TX Forms

Free Texas Move-In / Move-Out Inspection Checklist

Texas move-in/move-out checklist. While Texas does not have a specific inspection statute, TPC §92.109(a) imposes $100 + 3x the portion wrongfully withheld + the tenant’s attorney’s fees for bad-faith deposit retention, and §92.109(c) puts the burden of proving a retention reasonable on the landlord. Detailed signed documentation is essential.

Texas TPC §92.103-§92.109 Property Condition Free PDF 2026 Edition

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Free Texas Move-In / Move-Out Inspection Checklist — overview

📋WHAT THIS DOCUMENT DOES: A Texas move-in/move-out checklist documents property condition supporting deposit deductions under TPC §92.104.

📸EVIDENTIARY WEIGHT: A signed checklist (by both parties) plus photos is the strongest possible evidence in any deposit dispute.

⚖STATE-SPECIFIC: Texas TPC §92.109(a) imposes $100 + 3x the portion wrongfully withheld + attorney fees for bad-faith retention, and §92.109(c) puts the burden of proving a retention reasonable on the LANDLORD. The 30-day deadline runs from surrender (§92.103(a)); a written forwarding address under §92.107 is a condition on the duty, not the start of the clock.

A Texas Move-In / Move-Out Inspection Checklist is property-condition documentation. While Texas does not have a specific inspection statute, TPC §92.109(a) imposes $100 + 3x the portion wrongfully withheld + the tenant’s attorney’s fees for bad-faith retention, and §92.109(c) puts the burden of proving a retention reasonable on the landlord – making detailed signed documentation essential for any deposit deduction.

Complete the Inspection Checklist

Walk through the property with the tenant. For each area, mark the condition at move-in. At move-out, repeat the walk-through and mark the condition again. Both landlord and tenant sign at move-in and move-out. Take time-stamped photos for every room. The checklist is most valuable when supplemented with photographic evidence.

⚠ Wear-and-tear vs. damage — critical distinction

Ordinary wear-and-tear is NOT chargeable against the security deposit in any state. Faded paint, minor carpet wear in traffic patterns, small nail holes, and minor scuffing are typically not chargeable. Damage beyond ordinary use IS chargeable: stains, holes >1 inch, broken fixtures, pet damage, smoke damage, and similar. Document with photos; note both pre-existing conditions at move-in AND damage at move-out.

👥1. Parties

Landlord (or property manager) full name

Tenant(s) full legal name(s)

🏠2. Rental Property

Property address (street, unit, city, state, ZIP)

Move-in date

Move-out date (if known)

Move-in inspection date

Move-out inspection date

🛋3. Living Room / Common Area

ItemMove-InMove-OutNotes / Damage

Walls / paint

Floors / carpet

Ceiling / lights

Windows / screens / blinds

Doors / locks

Electrical / outlets

🍳4. Kitchen

ItemMove-InMove-OutNotes / Damage

Walls / paint / backsplash

Floors

Cabinets / drawers / hardware

Countertops / sink

Refrigerator

Stove / oven

Dishwasher / disposal / microwave

🛏5. Bedroom(s)

Number of bedrooms

Use the bedroom block below for the master/primary; add notes for additional bedrooms

ItemMove-InMove-OutNotes / Damage

Walls / paint

Floors / carpet

Closet / shelving

Windows / screens / blinds

Electrical / outlets / smoke detector

Notes for additional bedrooms (rooms 2, 3, 4…)

🚿6. Bathroom(s)

Number of bathrooms

Use block below for primary bath; add notes for additional

ItemMove-InMove-OutNotes / Damage

Walls / tile / grout

Floors

Tub / shower

Toilet

Sink / vanity / mirror

Ventilation / GFCI / lighting

Notes for additional bathrooms

🏡7. Exterior / Other Areas

ItemMove-InMove-OutNotes / Damage

HVAC / heating / cooling

Water heater

Laundry / washer / dryer

Patio / balcony / yard

Garage / parking

Smoke / CO detectors

🔑8. Keys, Remotes, and Other Items Provided

Number of entry keys provided

Number of mail keys

Garage door remotes

Other access devices (gate cards, FOBs)

Other items provided with unit (appliances NOT installed, furniture, etc.)

Move-out: items returned

✍9. Signatures — Move-In

Landlord print name (move-in)

Date signed

Tenant print name (move-in)

Date signed

✍10. Signatures — Move-Out

Landlord print name (move-out)