Texas Security Deposit
Itemized Deductions
If your landlord kept any of your deposit, they're required by law to tell you exactly what for. No itemized list? They may owe you everything back — plus penalties.
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The Rule — Plain English
Under Texas Property Code § 92.104, if a landlord withholds ANY portion of a security deposit, they MUST provide the tenant with:
This isn't optional. Skipping this step has serious legal consequences.
What Counts as Proper Itemization
Examples of PROPER Itemization
"Carpet stain removal (pet stain, bedroom): $250"
"Wall repair (large hole, living room): $150"
"Replace broken blinds (kitchen): $75"
Examples of IMPROPER Itemization
"Cleaning and repairs: $500"
Lump sum, no line items
"Damage charges" with no dollar breakdown
No amounts specified
A verbal explanation over the phone
Not written
An itemized list sent on day 42
Too late, even if detailed
A list sent to the wrong address
Must use forwarding address
A valid itemized list must be:
What Happens When the Landlord Doesn't Itemize
This is where the law gets devastating for landlords.
§ 92.109(b) — Failure to Itemize Triggers:
Landlord forfeits the right to withhold ANY portion of the deposit — even if the tenant actually caused damage
Landlord loses the right to counter-sue the tenant for property damages
Tenant can recover reasonable attorney's fees
Plus Standard Bad Faith Penalties (§ 92.109(a)):
Recovery Calculator
Even if the tenant caused real damage, if the landlord skipped the itemized list, they can't keep the money and can't sue for the damage.
Did your landlord skip the itemized list?
Run the free audit to see what you may be owed.
The Exception
One Narrow Exception (§ 92.104(d))
If the tenant owes rent at the time of move-out AND there is no controversy about the amount owed, the landlord may withhold for unpaid rent without providing an itemized list.
This exception does NOT apply to damage deductions, cleaning charges, or any other withholding. Only undisputed back rent.
Common Landlord Tactics (and Why They Fail)
"I told you on the phone what we charged for."
Not written. Doesn't count.
"The deduction list is in your online tenant portal."
May count if specific and itemized, but best practice is mailed or emailed directly.
"We're still getting quotes from contractors."
Not an excuse. 30-day deadline applies regardless.
"You know what you did to the apartment."
Not an itemized list. Landlord must document it.
"We sent the list to your old address."
If tenant provided a forwarding address, landlord must use it.
What To Do If You Didn't Get an Itemized List
Check Your Timeline
Has it been 30 days since move-out + forwarding address? If yes, the landlord has violated § 92.104.
Run the Free Audit
Calculate your potential recovery and see which rules were violated.
Start Free AuditSend a Demand Letter
Send a demand letter citing § 92.104 and § 92.109(b). Most landlords settle at this stage.
Standard Recovery — $99File in JP Court
If the landlord doesn't respond, file in Justice of the Peace Court.
Court-Ready Packet — $199Frequently Asked Questions
Ready to Get Your Deposit Back?
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Free Deposit Audit
See which rules your landlord broke and what you may be owed. Takes 60 seconds.
$99
Standard Recovery
Professional demand letter citing § 92.104 and § 92.109. Ready to mail.
$199
Court-Ready Packet
Everything in Standard Recovery plus JP Court petition and hearing prep guide.
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