El Paso Security Deposit Return Rules

Housing and Building Standards Texas 3 Minutes Read · published February 07, 2026 Flag of Texas

In El Paso, Texas landlords must follow state law and city enforcement procedures when returning a tenant's security deposit. This guide summarizes the main steps, timelines, common disputes, and how to file complaints with city code enforcement or rely on state remedies under the Texas Property Code.Texas Property Code, Ch. 92[1]

How security deposits are handled

Under Texas law landlords may charge a security deposit to cover unpaid rent, damage, or other lease breaches. When a tenancy ends the landlord must either return the deposit or provide a written, itemized list of deductions within the statutory timeline. The landlord should also include forwarding-address instructions provided by the tenant.

Keep records of move-in condition and written communications.

Practical steps for landlords

  • Provide a written receipt or lease clause stating deposit terms.
  • Document condition with dated photos and an inventory at move‑in and move‑out.
  • When tenancy ends, request a forwarding address in writing to avoid delays.
  • If making deductions, prepare an itemized list with amounts and retain receipts.
  • Respond promptly to tenant requests and keep records of delivery (mail or email).

Penalties & Enforcement

Enforcement for security deposit disputes in El Paso typically proceeds through civil actions under the Texas Property Code and complaints to city Code Compliance where applicable. The El Paso Code Compliance Department receives property-related complaints and can advise on local enforcement pathways and inspections.El Paso Code Compliance[2]

File a complaint promptly to preserve inspection options.
  • Fine amounts: not specified on the cited page.
  • Escalation for repeat or continuing violations: not specified on the cited page.
  • Non-monetary sanctions (orders, abatement, court action): enforcement may include orders or civil suits; specific remedies depend on statute and case facts.
  • Enforcer and inspection pathway: El Paso Code Compliance for local property issues; civil claims pursued in Texas state courts under the Texas Property Code.Contact page
  • Appeals/review: not specified on the cited page; tenants may pursue civil suit or follow local administrative hearing rules if provided by the city.
  • Defences/discretion: landlords may assert permissible deductions for unpaid rent or repair of tenant-caused damage; availability of defenses is fact-specific.

Applications & Forms

The Texas Property Code does not require a specific statewide form to return or claim a security deposit; landlords should provide a written, itemized statement when making deductions. For local complaints to El Paso Code Compliance use the department's complaint submission process on the official site.El Paso Code Compliance[2]

Action steps for tenants

  • Provide a forwarding address in writing when you vacate to ensure delivery.
  • Document the move-out condition with photos and retain copies of the lease and receipts.
  • If you do not receive the deposit or an itemized list, send a written demand and preserve proof of sending.
  • If unresolved, consider small-claims court or a civil suit under the Texas Property Code for recovery.
Early documentation improves chances of recovering disputed funds.

FAQ

When must a landlord return my security deposit in El Paso?
The landlord must follow timelines in the Texas Property Code, generally requiring refund or an itemized list of deductions within the statute's timeline (see Texas Property Code, Ch. 92).[1]
What if the landlord withholds my deposit without an itemized list?
Send a written demand and consider filing a complaint with El Paso Code Compliance or pursuing a civil claim; the Texas statute provides the tenant's remedies.[1][2]
Are there official forms to claim a deposit in El Paso?
No specific statewide deposit-claim form is required; file complaints with El Paso Code Compliance via the department's official submission process.[2]

How-To

  1. Provide your forwarding address in writing when you move out.
  2. Document the unit condition with dated photos and keep receipts for repairs you paid.
  3. If you do not receive the deposit or an itemized list, send a written demand to the landlord and keep proof of delivery.
  4. If unresolved, file with El Paso Code Compliance for inspection or pursue a civil claim under the Texas Property Code.

Key Takeaways

  • Follow Texas Property Code procedures and document everything.
  • Use El Paso Code Compliance for local complaints and inspection requests.

Help and Support / Resources


  1. [1] Texas Property Code, Chapter 92
  2. [2] City of El Paso - Code Compliance