Free Texas Move-In / Move-Out Inspection Checklist
Texas move-in/move-out checklist. While Texas does not have a specific inspection statute, TPC §92.108 imposes $100 + 3x wrongfully withheld + attorney fees for bad-faith deposit retention. Detailed signed documentation is essential.
Free Texas Move-In / Move-Out Inspection Checklist — overview
A Texas Move-In / Move-Out Inspection Checklist is property-condition documentation. While Texas does not have a specific inspection statute, TPC §92.108 imposes $100 + 3x wrongfully withheld + attorney fees for bad-faith retention – 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
2. Rental Property
3. Living Room / Common Area
4. Kitchen
5. Bedroom(s)
6. Bathroom(s)
7. Exterior / Other Areas
8. Keys, Remotes, and Other Items Provided
9. Signatures — Move-In
10. Signatures — Move-Out
About the Texas Move-In / Move-Out Inspection Checklist
Texas does not have a specific statutory move-in/move-out inspection requirement. However, TPC §92.103 (deposit return), §92.107 (tenant’s forwarding-address obligation), and §92.108 (bad-faith penalties) make detailed inspection documentation essential. The 30-day return/itemization clock under §92.103 starts only when the tenant surrenders AND provides a forwarding address in writing (§92.107). Texas presumes good faith – the tenant bears the burden of proving bad faith. However, §92.108 penalties for proven bad faith are significant: $100 + 3x wrongfully withheld + reasonable attorney fees + forfeiture of right to withhold. Common factors raising bad-faith inferences: failure to provide itemization, retention of obviously non-chargeable items (wear-and-tear), or failure to return when no claim could reasonably be supported. A signed move-in/move-out checklist (by both parties) plus photos is the strongest defense against bad-faith claims and the strongest support for legitimate deductions.
Texas Inspection Framework
- No specific inspection statute in Texas
- Deposit return: TPC §92.103 (30 days after surrender + forwarding address)
- Trigger: tenant must provide forwarding address in writing (§92.107)
- Bad-faith penalty: $100 + 3x wrongfully withheld + attorney fees (§92.108)
- Tenant bears burden of proving bad faith
- NOT chargeable: ordinary wear-and-tear
Why This Form Matters
In Texas, the move-in/move-out checklist is critical because of TPC §92.108’s bad-faith penalties. A landlord facing a $100 + 3x + attorney fees claim needs evidence supporting every deduction. A signed checklist (by both parties) plus photos is the strongest evidence available. Conversely, tenants who walk through and sign the move-in checklist protect themselves from being charged at move-out for pre-existing conditions. TAA (Texas Apartment Association) leases typically include a move-in inspection form – use this checklist to supplement or replace it.
Best Practices
- Walk through together. Both landlord and tenant should be present at both move-in and move-out. The signed checklist is much stronger evidence than a unilateral one.
- Photograph everything. Time-stamped photos for every room, every wall, every appliance. Use a smartphone with location and timestamp metadata.
- Be specific in notes. “Small nail hole 3 inches above light switch in east wall” is much more useful than “minor damage.”
- Document pre-existing issues. If the unit has issues at move-in (faded paint, worn carpet), document them so the tenant isn’t blamed at move-out.
- Save the checklist for at least the statute of limitations. Disputes can arise years after move-out – keep the signed checklist and photos for at least 4 years (most states).
- Distinguish wear-and-tear from damage. Wear-and-tear is NOT chargeable. Document both, but only charge for actual damage beyond ordinary use.
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⚖ Legal Disclaimer
This checklist is provided for general informational purposes only and does not constitute legal advice. A signed checklist (with photos) is critical evidence in any security-deposit dispute. For Texas guidance, visit TX Attorney General Consumer Protection and review Texas Property Code Chapter 92. Consult a qualified Texas attorney for high-value deposit disputes.
