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Texasยท Answer

How should a Texas tenant document move-in damage?

Short answer

Write down every existing defect on a move-in inspection checklist on the day you take possession of the unit, before unloading any of your belongings. Photograph every wall, floor, appliance, fixture, and any pre-existing damage in detail. Date-stamp the photos. Have the landlord (or property manager) sign the checklist; if the landlord refuses, send a copy of the completed checklist by email to the landlord the same day with the photos attached. Texas small-claims courts treat the move-in checklist as the baseline for what the tenant did or did not damage. Without a documented baseline, every disputed move-out deduction becomes a he-said-she-said. The first 24 hours of a tenancy are the single most important window for protecting the deposit at move-out. $100 plus 3x wrongfully withheld amount plus attorney fees under Tex. Prop. Code 92.109. Missing the deadline without written explanation creates a bad-faith presumption.

Source: Tex. Prop. Code 92.103


Honest limits

This is an informational answer based on Tex. Prop. Code 92.103 as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a Texas-licensed attorney.

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