What counts as an itemized list?

A written description of each deduction with the specific reason and dollar amount. Vague notes like 'damages' or 'cleaning' are not sufficient.

What if my landlord sent an email instead of a letter?

Email counts as written itemization if it contains the required details (reason, amount). The format doesn't matter — the content does.

My landlord said they'd mail the itemization but never did. What do I do?

Promises don't count. If you didn't receive an itemized list within 30 days, forfeiture applies. File a claim.

What if the landlord's itemization was wrong but detailed?

You can dispute the individual charges. But if they provided itemization, the forfeiture rule doesn't apply. You'd argue the charges are unreasonable, not that there's no itemization.

Can I recover attorney fees?

Yes — § 92.109 allows attorney fees if you win. Include this in your demand letter and your court filing.

What if my landlord says they tried to contact me but I didn't respond?

Doesn't matter. The law requires written itemization within 30 days. Effort to contact is not the same as compliance.

My landlord returned part of my deposit but no itemization for the rest. Do I get it all back?

Yes. The portion that wasn't itemized is subject to forfeiture. You recover the full deposit plus penalties.

How long do I have to file a claim for no itemization?

Texas has a 2-year statute of limitations for security deposit claims. But act sooner — demand letter first, then court if needed.

Dispute TypeForfeiture Rule

Landlord Kept Your DepositNo Itemized Deductions

Your landlord kept your money but never explained why. Texas law has a powerful remedy: they forfeit the right to withhold ANY amount.

Very Strong

Case strength

Yes

Forfeiture rule

Full deposit

Recovery potential

§ 92.104

Itemization required

The Case

Why No Itemization = Forfeiture

Texas law is unambiguous: If a landlord withholds any portion of your deposit but fails to provide an itemized list of deductions, the landlord forfeits the right to withhold ANY portion.

This is not a penalty. It's a forfeiture. The landlord loses the money entirely. You get it all back.

Key advantage: You don't have to prove the deductions were unreasonable. You don't have to prove bad faith. The lack of itemization alone is enough.

Law

Texas Law: The Itemization Requirement

§ 92.104 — Landlord's Duty to Itemize

If a landlord retains any portion of the deposit, the landlord must provide a written description and itemized list of deductions
The itemized list must include the specific reason for each deduction and the dollar amount
This must be provided within 30 days of surrender + forwarding address
The itemization must be detailed enough that a renter can understand what they're being charged for

§ 92.109(b) — The Forfeiture Rule

If a landlord fails to provide an itemized list → landlord forfeits the right to withhold any portion of the deposit
This is a complete forfeiture. The renter gets the full deposit back
Additionally, the landlord loses the right to counter-sue the renter for damages
This forfeiture applies even if the deductions would have been reasonable if itemized

§ 92.109 — Bad Faith Penalty (Additional)

If the landlord fails to itemize AND the deadline is missed → bad faith presumption applies
Bad faith liability: $100 + 3× the wrongfully withheld amount + attorney fees
So renter can recover: full deposit (forfeiture) + $100 + 3× (bad faith) + attorney fees

Calculator

How to Calculate Your Claim

For no itemization, you recover: full deposit + $100 + 3× + filing costs (if you file in court).

Deposit Amount Withheld ($)

Filing + Service Costs ($)

Deposit (forfeiture, § 92.109(b))$0.00

Statutory penalty (§ 92.109)$100.00

3× bad faith penalty (presumed)$0.00

Filing + service costs (recoverable)$134.00

Total Potential Recovery$234.00

This is an estimate for planning purposes. Consult Texas Property Code or an attorney for your specific situation.

Real-World

4 Real-World Scenarios

Renter Wins Outright (Strongest Case)

Landlord kept $800 of $1,200 deposit. Renter received nothing — no itemization, no explanation, no communication.

Verdict: Forfeiture. Landlord loses right to withhold any amount. Renter recovers $1,200 + $100 + $2,400 = $3,700.

Renter Wins on Itemization Technicality

Landlord returned $600 but included a vague note: 'Damages: $600.' No itemized breakdown of what the $600 was for.

Verdict: Insufficient itemization. Forfeiture applies. Renter recovers $600 + $100 + $1,800 = $2,500.

Landlord Has a Defense (Proper Itemization Provided)

Landlord withheld $500 and provided a detailed itemized list: '$200 carpet cleaning, $150 paint touch-up, $150 cleaning.' Sent within 30 days.

Verdict: Proper itemization. Forfeiture does NOT apply. Renter can dispute the individual charges, but landlord's itemization was compliant.

Gray Area (Partial Itemization)

Landlord withheld $1,000 and provided itemization for $600 (carpet) but no explanation for the remaining $400.

Verdict: Incomplete itemization. Likely forfeiture on the $400 that wasn't itemized. Renter recovers at least $400 + penalties.

Odds

When You're Likely to Win / When Landlord May Have a Point

Renter Advantage (Strong Case)

Landlord kept money but provided zero explanation
Landlord provided only a vague note without itemization
Landlord provided itemization for SOME deductions but not all
Landlord sent itemization late (after 30 days)

Landlord May Have a Defense

Landlord provided detailed, itemized list within 30 days
Itemization included specific reasons and dollar amounts
Renter received the itemization and didn't dispute it for months
Landlord can prove renter received the itemization

Action Plan

What to Do Next

Run the Free Audit

Verify your timeline and calculate what you're owed

Send a Demand Letter

Put your landlord on notice with statute citations and a deadline

File in JP Court

If the letter doesn't work, you have a strong case

FAQ

No Itemization Questions

Content Integrity

DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.

Last reviewed: April 2026

Primary Statutes

§ 92.104§ 92.109(b)

Official Sources

Editorial Standards How We Audit About DepositRights Report an Issue