Security deposit rights for Austin renters
In Austin, your security deposit is still your money — your landlord is only holding it. Texas law (Property Code §§92.101–92.109) limits how long they can keep it after you move out and bars charging you for normal wear and tear. The exact deadline depends on your situation, so Renter Shield shows the current rule for your address.
Renter Shield provides legal information, not legal advice, and is not a law firm. Deposit rules depend on your lease and the current Texas statute — the app shows the current rule for Austin and always points you to free legal aid like the Austin Tenants Council.
What Austin renters should know
Under Texas law, your landlord must return your deposit — or give you a written, itemized list of any deductions — within the time the statute allows after you move out and provide a forwarding address in writing. They can only deduct for damage beyond ordinary use or money you genuinely owe under the lease, never for normal wear and tear.
When a landlord keeps a deposit in bad faith
Texas Property Code §92.109 addresses landlords who retain a deposit in bad faith or skip the itemized list when the law requires one. You may have remedies if that happens, but they depend on the facts. Renter Shield helps you document the timeline cleanly and points you to free legal help before you act.
What can and can't be deducted
Texas law lets your landlord deduct for actual damage and amounts you truly owe — not for the ordinary aging of a home you lived in. Here's the line most deposit disputes come down to.
✔ Fair to deduct (actual damage or amounts owed)
- Large holes in walls beyond small nail or tack holes
- Broken windows, doors, or appliances
- Pet stains and lasting odor damage to carpet
- Unpaid rent or fees you agreed to in the lease
✘ Not fair to deduct (normal wear and tear)
- Faded, lightly scuffed, or sun-worn paint
- Carpet worn thin in walkways from ordinary use
- Small nail holes from hanging pictures
- Routine cleaning of an already reasonably clean unit
How Austin differs from the rest of Texas
The deposit rules themselves come from the Texas Property Code and apply the same in Austin as anywhere else in the state — Texas largely stops cities from writing their own deposit deadlines or caps. What's different in Austin is the local support you can lean on.
Local help: the Austin Tenants Council and Austin Code
The Austin Tenants Council is a long-running nonprofit that offers renters free tenant-landlord counseling and fair-housing help. For repair and habitability problems, the City of Austin's Austin Code Department investigates code violations. Neither sets deposit rules, but both can help you understand your position and document it.
Rent increases and your deposit
Texas has no rent control (Local Government Code §214.902), so in Austin your rent and deposit terms are governed by your lease, not a city cap. If a renewal changes your deposit, read the new terms carefully — Renter Shield flags what changed and shows the current statewide rule for your address.
How to get your deposit back
- Photograph and date every room at move-out, matching the photos you took at move-in so you can show the unit's true condition.
- Give your landlord your forwarding address in writing — your return clock and protections depend on it.
- Send a dated, written request for your deposit or an itemized list, and keep a copy. Renter Shield can draft this for you.
- If the deadline passes or the deductions look improper, gather your records and consider small claims court — the Austin Tenants Council and free legal aid can help you weigh your options.
Free help for Austin renters
You never need Renter Shield to reach help — these are always free:
- Call 211 (or visit 211.org) for local rental assistance and referrals.
- Find free legal aid at texaslawhelp.org or lawhelp.org.
- Contact your local tenant council or legal-aid office.
Austin security deposit questions
How long does my landlord have to return my deposit in Austin?
Texas Property Code §§92.101–92.109 sets the deadline, and it starts once you move out and give a forwarding address in writing. Because the exact window and conditions depend on your situation, Renter Shield shows the current rule for your Austin address and dates your request for you.
Can my Austin landlord keep my deposit for normal wear and tear?
No. Texas law lets a landlord deduct for actual damage and amounts you owe, but not for the ordinary wear of living in a place — faded paint or lightly worn carpet aren't chargeable. If your itemized list reads like normal aging, that's worth questioning.
What if my landlord won't return my deposit or send a list?
Texas Property Code addresses landlords who retain a deposit in bad faith or skip the required itemized list. You may have remedies, but the details depend on the facts. Renter Shield helps you document the timeline and points you to free help like the Austin Tenants Council before you file anything.
Does Austin have its own security deposit law?
Not a separate one — deposits in Austin follow the statewide Texas Property Code, since Texas mostly preempts local deposit rules. What Austin adds is local support, like the Austin Tenants Council for free counseling and the Austin Code Department for habitability problems.
Related for Austin renters
Get your Austin deposit back — the calm, documented way.
Renter Shield shows the current Texas rule for your building, keeps your move-out photos private on your device, and drafts a professional deposit-return request — free to start, no credit card.