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.
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 §92.109(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
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, and there is no Texas pre-move-out inspection or right-to-a-walkthrough statute. However, TPC §92.103 (obligation to refund), §92.104 (retention and accounting), §92.107 (tenant’s forwarding address) and §92.109 (liability of landlord) make detailed inspection documentation essential. The 30-day return/itemization clock under §92.103(a) runs from the date the tenant surrenders the premises; §92.107(a) suspends the landlord’s obligation until the tenant gives a written statement of a forwarding address, but it does not restart the clock and §92.107(b) provides that the tenant does not forfeit the refund merely by failing to give one. The burden runs the other way from what many templates say: under §92.109(c) the LANDLORD has the burden of proving that any retention was reasonable, and under §92.109(d) a landlord who fails either to return the deposit or to provide the written description and itemization on or before the 30th day after surrender is PRESUMED to have acted in bad faith. The §92.109 consequences are significant: §92.109(a) gives the tenant $100 + three times the portion of the deposit wrongfully withheld + reasonable attorney’s fees for bad-faith retention, and §92.109(b) makes a landlord who in bad faith fails to give the written description and itemized list forfeit the right to withhold any portion of the deposit or to sue the tenant for damage to the premises. 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(a) (on or before the 30th day after the tenant surrenders the premises)
- Condition, not a new start date: the landlord’s duty is suspended until the tenant gives a written forwarding address (§92.107(a)), and the tenant does not forfeit the refund by failing to give one (§92.107(b))
- Deductions and itemization: §92.104 – no retention for normal wear and tear, written description and itemized list of ALL deductions, no dollar threshold
- Bad-faith liability: $100 + 3x the portion wrongfully withheld + the tenant’s attorney’s fees (§92.109(a)); forfeiture of the right to withhold or sue for damage (§92.109(b))
- The LANDLORD bears the burden of proving a retention reasonable (§92.109(c)), and missing the 30th day is a presumption of bad faith (§92.109(d))
- NOT chargeable: ordinary wear-and-tear
Why This Form Matters
In Texas, the move-in/move-out checklist is critical because of TPC §92.109’s bad-faith consequences and because §92.109(c) puts the burden of proving a retention reasonable on the landlord. 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.
Related Resources
- Texas landlord tenant laws
- Texas habitability laws
- Texas security deposit laws
- Texas eviction notice laws
- Texas late fee laws
- Landlord forms
Frequently Asked Questions
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.
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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.
