Who gets the security deposit back when roommates move out in Texas? Learn how deposits work with multiple tenants, subletting, and roommate disputes under Texas Property Code §92.103.
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Check My DepositSecurity deposits get complicated with multiple tenants in Texas. Under Texas Property Code §92.103, the deposit is typically held in the name of whoever signed the lease — not individual roommates. This means the landlord is only obligated to return the deposit (or provide an itemization) to the named lease holder, not to each roommate individually. Disputes about how the deposit is split among roommates are generally handled between the tenants themselves, not through the landlord.
A roommate agreement (separate from the lease) should address how the deposit is split and what happens when one roommate leaves early. This protects everyone.
Confirm whether all roommates are named on the lease
Document who paid what portion of the security deposit
Create a written roommate agreement addressing deposit splits
If a roommate leaves, agree in writing on the deposit arrangements
When the lease ends, the landlord must return the deposit (or itemization) within 30 days
Legal Reference
Wear & Tear ProtectedQuestions
Your Texas landlord has 30 days after your move-out date to return your security deposit along with an itemized statement of any deductions. This deadline is set by Texas Property Code §92.103.
If your landlord misses the 30-day deadline, you may be entitled to up to 3× the amount wrongfully withheld under Property Code §92.109(a). The penalty applies when your landlord acted in bad faith.
No. Texas law under Texas Property Code §92.103 explicitly prohibits landlords from deducting for normal wear and tear. This includes faded paint, minor scuffs, small nail holes, and carpet thinning from regular use. Deductions must be for actual damage beyond what normal living causes.
Under Texas Property Code §92.103, the landlord is obligated to return the deposit to the named leaseholder(s), not to individual roommates separately. How roommates divide the deposit among themselves is a matter to be handled between the tenants - ideally established in a written roommate agreement before move-in.
If one roommate leaves while others remain on the lease, the deposit typically stays with the landlord until the tenancy fully ends. The departing roommate's share is a matter between the roommates. A written roommate agreement specifying each person's contribution to the deposit can prevent disputes later.
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