Can I keep my tenant's security deposit if I evict them?

The answer to this question depends on several things, including: was the tenant current on rent, physical condition of the property, what the lease says about the security deposit. In most instances, a landlord will be able to keep the tenant's security deposit, but will need to provide special notice as provided for in the Texas Property Code.

If proper notice is not given, tenants can recover their security deposit, damages, and attorney's fees from a landlord. Landlords should never keep a security deposit without providing proper notice to their tenants.