Texas Move-In Fees vs Security Deposits (2026)

The leasing agent emails a $2,847 due at signing breakdown. Three lines say deposit, two say fee, one says admin. Texas law treats those labels differently at move-out — confusing them costs you money when you expect a full refund.

Security deposit: refundable by default

Under Texas Property Code Section 92.103, a security deposit secures the landlord against unpaid rent and damages beyond normal wear and tear.

At move-out, the landlord has 30 days after you surrender the unit and provide a forwarding address in writing to either:

• Return the full deposit, or
• Return the balance plus a written, itemized list of deductions

Miss the deadline or fail to itemize — the landlord may forfeit withholding rights in some cases.

Deposits are not income to the landlord until lawfully retained. That is why leases call them refundable security deposits.

Move-in fees: usually gone forever

Common non-refundable charges at Texas lease signing:

Fee type	Typical purpose	Refund?
Application / screening	Credit and background pull	No — even if denied
Administrative / move-in	Office processing, key fobs	No — if lease says so
Pet fee (one-time)	Allowed pet onboarding	No — if labeled non-refundable
Cleaning fee (move-in)	Sometimes disputed — read label	Usually no if non-refundable

Texas requires clear disclosure. A fee called “deposit” in marketing copy but “non-refundable admin fee” in the lease creates fights — read the final contract.

Worth knowing: Application fees are paid before approval and are almost always non-refundable.

Pet deposits vs pet rent

Texas allows both if the pet addendum separates them:

• Pet deposit — refundable like security deposit unless the addendum specifies a non-refundable pet fee
• Pet rent — monthly surcharge, not returned at move-out

See pet deposit and pet rent rules for breed restrictions and service-animal distinctions.

First month rent vs last month

First month’s rent is due per lease start — not a deposit.

Last month’s rent prepaid upfront is rare in Texas corporate leases; when used, clarify whether it is rent prepayment or mislabeled deposit — only deposits get Chapter 92 return protections.

Red flags before you wire

• “Deposit” in the portal with no refund language in the lease
• Re-key fee disguised as deposit — should be disclosed as fee
• Mandatory insurance purchase through the landlord’s vendor — compare against buying your own renters policy

Get an itemized move-in statement signed or emailed. Match each charge to a lease paragraph.

At move-out: deposit math only

Non-refundable fees do not reappear on your deposit accounting. If the landlord deducts for carpet cleaning against your security deposit, the charge must be for damage beyond wear and tear — not routine turnover masked as damage.

Dispute errors in writing within the window your lease allows; keep move-out photo documentation.

A common snag: Paying a non-refundable admin fee but seeing it deducted again from the security deposit at move-out — compare move-in receipt line items to the deposit accounting letter.

References

• Texas Property Code — Chapter 92
• Texas Attorney General — Tenant Rights