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:
Forfeiture: Landlord loses the right to withhold ANY portion of the deposit — even if you actually caused damage
No Counter-Suit: Landlord loses the right to counter-sue you for property damages
Bad Faith Penalties: $100 + 3× the amount wrongfully withheld + attorney fees
Recovery Calculator
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 — 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 — 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.
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.
What To Do If You Didn't Get an Itemized List
Confirm the 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 including the forfeiture rule and 3× penalty.
Start Free AuditSend a Demand Letter
Cite § 92.104 and § 92.109(b). Include the forfeiture rule and penalty math.
Standard Recovery — $99File in JP Court
If no response, file in Justice of the Peace Court. The landlord can't counter-sue for damages.
Court-Ready Packet — $199Frequently Asked Questions
Didn't Get an Itemized List? Take Action.
FREE
Free Deposit Audit
See if your landlord violated the itemization requirement. Takes 60 seconds.
$99
Standard Recovery
Professional demand letter citing the forfeiture rule and penalty math. Ready to mail.
$199
Court-Ready Packet
Everything in Standard Recovery plus JP Court petition and hearing prep guide.
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