Texas renters insurance and security deposit guide

Short answer: In Texas, your landlord's policy won't cover your belongings, and most renters policies exclude flood. Texas Property Code §92.0135 requires most landlords to tell you in writing whether they know the dwelling is in a 100-year floodplain, and whether it flooded in the last five years. When you move out, §92.103 requires the landlord to refund the deposit by the 30th day after you surrender the premises. Give a written forwarding address, because the clock depends on it under §92.107.

This guide is general information for Texas renters. It isn't legal advice, and local ordinances can add rules. Your lease and policy wording control.

What a renters policy does (and what your landlord's policy doesn't)

Your landlord's insurance covers the building, not your belongings or your liability. A renters policy (often called HO-4) typically includes three parts:

• Personal property: your belongings, at actual cash value or replacement cost depending on what you choose.
• Personal liability: if you accidentally injure someone or damage someone else's property. See how much renters liability coverage you need.
• Loss of use: extra living costs if a covered loss makes your unit unlivable.

Standard renters policies generally exclude flood. Renters can buy NFIP contents coverage; see FloodSmart. Questions about roommates: whether renters insurance covers roommates. More on coverage: renters insurance.

Step 1: Read the flood notice before you sign

Under Texas Property Code §92.0135, most landlords must give you a written notice stating whether they are aware the dwelling is in a 100-year floodplain. If neither box is checked, the statute says you should assume it is. If the landlord knows the dwelling flooded at least once in the past five years, they must disclose that too. The required notice itself warns that most tenant insurance policies don't cover flood losses.

If the landlord fails to give the notice and you suffer a substantial flood loss to your belongings, §92.0135 lets you terminate the lease by written notice within 30 days of the loss. Buying flood contents coverage is the more reliable protection; see FloodSmart.

Step 2: Security deposit: the 30-day refund

• Under §92.103, the landlord must refund the deposit on or before the 30th day after you surrender the premises.
• A lease requirement to give advance notice of surrender is effective as a condition of the refund only if it's underlined or in conspicuous bold in the lease.
• Under §92.107, the landlord isn't obligated to refund or describe deductions until you give a written forwarding address. You don't lose your right to the refund by not providing one.
• Under §92.104, the landlord may not keep any part of the deposit for normal wear and tear, and must give a written description and itemized list of all deductions (unless you owe rent and there's no controversy about the amount).

Step 3: Casualty losses and the lease

If a fire or other casualty not caused by you makes the unit totally unusable, §92.054 lets either you or the landlord end the lease by written notice before repairs are completed. You'd be entitled to a pro rata rent refund and your deposit as otherwise required by law. Loss-of-use coverage on a renters policy can help with temporary housing costs.

Questions? Contact Alishahi Insurance or call (877) 711-4545. See insurance in Texas.

Frequently asked questions

Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. This isn't legal, tax or financial advice or a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.