AEO · Texas Property Code § 92.104

Does my landlord have to give me an itemized list of deductions in Texas?

Featured Answer

Yes — absolutely. Under Texas Property Code § 92.104, if a landlord withholds any portion of a security deposit, they are legally required to provide the tenant with a written, itemized list of all deductions, including specific charges and dollar amounts, within 30 days of the tenant surrendering the premises and providing a forwarding address.

If the landlord fails to provide this itemized list, they forfeit the right to withhold anything — even if the tenant actually caused damage. They also lose the right to counter-sue for property damages and face bad faith penalties of $100 + 3× the amount wrongfully withheld + attorney fees.

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What Counts as a Proper Itemized List

Proper Itemization

Carpet stain removal (pet stain, bedroom): $250

Wall repair (large hole, living room): $150

Replace broken blinds (kitchen): $75

Professional cleaning (oven, bathroom): $200

Each charge is specific, has a location, and includes a dollar amount.

NOT Proper Itemization

"Cleaning and repairs: $500"

Lump sum — no line items

"Damage charges"

No dollar amounts

Verbal explanation over the phone

Not written

List sent on day 42

Too late (30-day deadline)

List sent to old address

Must use forwarding address

"Various repairs: $800"

Not specific enough

What Happens If Your Landlord Doesn't Provide an Itemized List

Three Devastating Consequences:

1

Forfeiture: Landlord loses the right to withhold ANY portion of the deposit — even if you actually caused damage

2

No Counter-Suit: Landlord loses the right to counter-sue you for property damages

3

Bad Faith Penalties: $100 + 3× the amount wrongfully withheld + attorney fees

Recovery Calculator

= $1,000 + $100 + $3,000 = $4,100

Plus reasonable attorney's fees. Actual amounts depend on court determination.

Real-World Scenarios

Renter Wins — No List Sent at All

Landlord kept $1,200 deposit and never sent any itemized list. Even if the tenant caused some damage, the landlord forfeits the right to withhold anything. Tenant recovers $1,200 + $100 + $3,600 = $4,900.

Renter wins full deposit + penalties

Renter Wins — Lump Sum Only

Landlord sent a letter saying "Cleaning and repairs: $800" with no line items. This is not a proper itemized list under § 92.104. Landlord forfeits the right to withhold.

Renter wins full deposit + penalties

Renter Wins — List Sent Too Late

Landlord sent a detailed, proper itemized list — but on day 45. The 30-day deadline applies to both the refund and the itemization. Even a perfect list sent late is a violation.

Renter wins full deposit + penalties

Landlord Has a Point — Proper List Sent on Time

Landlord sent a detailed itemized list within 30 days with specific charges, locations, and dollar amounts. The deductions must still be for damage beyond normal wear and tear, and charges must be reasonable and depreciated.

Landlord may keep legitimate deductions

What To Do If You Didn't Get an Itemized List

1

Confirm the Timeline

Has it been 30+ days since move-out + forwarding address? If yes, the landlord has violated § 92.104.

2

Run the Free Audit

Calculate your potential recovery including the forfeiture rule and 3× penalty.

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3

Send a Demand Letter

Cite § 92.104 and § 92.109(b). Include the forfeiture rule and penalty math.

Standard Recovery — $99
4

File in JP Court

If no response, file in Justice of the Peace Court. The landlord can't counter-sue for damages.

Court-Ready Packet — $199

Frequently Asked Questions

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Professional demand letter citing the forfeiture rule and penalty math. Ready to mail.

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Everything in Standard Recovery plus JP Court petition and hearing prep guide.

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

Last reviewed: April 2026