Free Texas Security Deposit Itemization

The written description and itemized list of deductions Texas landlords give with any refund under Tex. Prop. Code § 92.104(c), due on or before the 30th day after the tenant surrenders the premises (§ 92.103). No deductions for normal wear and tear, a written forwarding address from the tenant, and bad-faith liability under § 92.109. Free fillable form with a deductions calculator and PDF output.

Texas Tex. Prop. Code §§ 92.103–92.109 30-Day Refund $100 + 3× Bad Faith Free PDF 2026 Edition
Free Texas Security Deposit Itemization — overview
▶ Watch overview

Free Texas Security Deposit Itemization — overview

⏱ 30-DAY DEADLINE: Tex. Prop. Code § 92.103(a) requires the landlord to refund the security deposit on or before the 30th day after the date the tenant surrenders the premises, and § 92.104(c) requires the balance to go to the tenant together with a written description and itemized list of all deductions. The clock is subject to the written forwarding-address rule in § 92.107.
🧾 NO RECEIPTS THRESHOLD — BUT THE BURDEN IS YOURS: Texas does not require receipts to be attached to the itemized list. It does place the burden on the landlord: in a tenant’s suit, § 92.109(c) requires the landlord to prove that the retention of any portion of the deposit was reasonable. Invoices, estimates and photographs are how that proof is made.
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The itemized list is what keeps a Texas deduction defensible.

Under Tex. Prop. Code § 92.109, a landlord who in bad faith retains a deposit is liable for $100, three times the portion wrongfully withheld, and the tenant’s reasonable attorney’s fees; a landlord who in bad faith fails to provide the itemized list forfeits the right to withhold any portion of the deposit or to sue the tenant for damages to the premises. A landlord who misses the 30th day is presumed to have acted in bad faith, and in the tenant’s suit the landlord must prove every retention was reasonable. The form on this page handles the arithmetic; the guide below covers what Texas lets you deduct, the forwarding-address rule, delivery, and the records that back each line.

Refund Window

30 days

Forwarding Address

Required in writing

Bad-Faith Liability

$100 + 3× + fees

Statute

Tex. Prop. Code § 92.104

StateTexas
AuthorityTex. Prop. Code §§ 92.103–92.109
Updated2026

A Texas Security Deposit Itemization is the written description and itemized list of deductions a landlord must give a tenant under Tex. Prop. Code § 92.104(c) whenever any part of a security deposit is kept. The landlord must refund the balance on or before the 30th day after the tenant surrenders the premises (§ 92.103(a)), but is not obligated to refund or itemize until the tenant provides a written forwarding address (§ 92.107). Deductions are limited to damages and charges the tenant is legally liable for under the lease or because of breaching it, and no portion may be kept for normal wear and tear (§ 92.104(a)–(b)). A landlord who misses the 30th day is presumed to have acted in bad faith, and bad-faith retention costs $100 plus three times the portion wrongfully withheld plus the tenant’s attorney’s fees (§ 92.109). The form on this page produces a complete itemized list with a built-in deductions calculator; the rest of this guide explains the legal framework, what can and cannot be deducted, and the records that support each line.

Watch: Texas Security Deposit Itemization explained
▶ Watch: Texas Security Deposit Itemization — Tex. Prop. Code § 92.103 explained
30th
Day after surrender: refund and itemized list due
$100 + 3×
Bad-faith liability, plus attorney’s fees
Written
Forwarding address the tenant must give (§ 92.107)
Tex. Prop. Code § 92.104
Texas security deposit accounting statute

✎ Complete Your Texas Security Deposit Itemization

Fill in the parties, deposit details, and itemized deductions. The calculator computes totals and the balance automatically. When done, click Generate PDF to download a complete written description and itemized list of deductions under Tex. Prop. Code § 92.104(c).

Parties & Lease
Deposit Information

Enter the security deposit the tenant paid. If the tenant also paid rent in advance (for example, a separate last month’s rent), enter it separately — Tex. Prop. Code § 92.102 excludes an advance payment of rent from the definition of a security deposit. The prepaid amount is printed on the statement but is not included in the deposit calculation below.

Itemized Deductions

Add a row for each deduction. Each deduction must appear on the written description and itemized list required by Tex. Prop. Code § 92.104(c), and none may cover normal wear and tear (§ 92.104(b)). Texas sets no receipts threshold, but in a tenant’s suit the landlord must prove each retention was reasonable (§ 92.109(c)), so enclose the invoice, estimate or photo for each line.

Category Specific description Amount ($) Evidence  
0 deductions
Calculation
Original deposit$0.00
— Cleaning deductions$0.00
— Repair deductions$0.00
— Unpaid rent$0.00
— Late fees$0.00
— Unpaid utilities$0.00
— Other$0.00
Total deductions$0.00
Balance returned to tenant$0.00
Forwarding Address & Delivery
Landlord Signature

✓ Pre-Delivery Checklist

Before sending the refund and itemized list, verify:

The tenant gave you a written forwarding address, and you know the date the tenant surrendered the premises
You are sending on or before the 30th day after surrender (a postmark on or before that day counts under § 92.1041)
Each deduction is a damage or charge the tenant is legally liable for under the lease or because of a breach
Nothing is charged for normal wear and tear as defined in § 92.001(4)
Each deduction is described specifically (not “cleaning” but “oven and range degreasing, $85”)
The balance of the deposit, if any, is enclosed with the itemized list
If you are emailing, you and the tenant have previously communicated by email (§ 92.113)
Copies of the list, enclosures and proof of mailing are in the tenant file

What this itemization does

A Texas Security Deposit Itemization is the “written description and itemized list of all deductions” a landlord must give a tenant under Tex. Prop. Code § 92.104(c) when any part of the security deposit is kept. It does three jobs at once.

First, it explains every deduction. The list must cover “all deductions,” and each should identify the item, the amount and the lease term or breach that makes the tenant liable for it. A general line such as “cleaning and damages” does not let the tenant — or a court, if the dispute goes that far — check the charge against the lease and the move-in condition.

Second, it delivers the balance. Section 92.104(c) requires the landlord to give the tenant “the balance of the security deposit, if any, together with” the itemized list. The refund and the list travel together.

Third, it meets the deadline. Section 92.103(a) requires the refund on or before the 30th day after the tenant surrenders the premises, subject to the written forwarding-address rule in § 92.107, and § 92.109(d) presumes bad faith if the landlord fails to return the deposit or to provide the itemization by that day.

There is one narrow exception: under § 92.104(c), the landlord need not provide the description and itemized list if the tenant owes rent when surrendering possession and there is no controversy about the amount of rent owed. Where anything other than undisputed rent is deducted, the list is required.

The form on this page produces a complete itemized list with a built-in deductions calculator, automatic balance computation, the statutory references and a delivery block. The rest of this guide explains the legal framework, what can and cannot be deducted, and the records that make each line defensible.

Texas security deposit law is in Subchapter C of Chapter 92 of the Property Code, §§ 92.101 through 92.113, and it “applies to all residential leases” (§ 92.101). Under § 92.006(a), a landlord’s duty or a tenant’s remedy concerning security deposits “may not be waived,” so a lease clause cannot contract around these rules.

The provisions that matter for itemization

§ 92.102 — what a security deposit is. “Any advance of money, other than a rental application deposit or an advance payment of rent, that is intended primarily to secure performance under a lease of a dwelling.”

§ 92.103 — the 30-day refund. “Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.” Under § 92.103(b), a lease requirement that the tenant give advance notice of surrender as a condition of the refund “is effective only if the requirement is underlined or is printed in conspicuous bold print in the lease.”

§ 92.104 — deductions and the itemized list. The landlord “may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease” (subsection (a)), “may not retain any portion of a security deposit to cover normal wear and tear” (subsection (b)), and must give the tenant “the balance of the security deposit, if any, together with a written description and itemized list of all deductions” (subsection (c)).

§ 92.1041 — the mailing presumption. A landlord “is presumed to have refunded a security deposit or made an accounting of security deposit deductions if, on or before the date required under this subchapter, the refund or accounting is placed in the United States mail and postmarked on or before the required date.”

§ 92.107 — forwarding address. The landlord “is not obligated to return a tenant’s security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant’s forwarding address for the purpose of refunding the security deposit.” But the tenant “does not forfeit the right to a refund … merely for failing to give a forwarding address.”

§ 92.109 — liability. Bad-faith retention: “$100, three times the portion of the deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees.” Bad-faith failure to itemize: the landlord “forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises” and is liable for the tenant’s attorney’s fees. The landlord bears “the burden of proving that the retention of any portion of the security deposit was reasonable,” and a landlord who misses the 30th day “is presumed to have acted in bad faith.”

Other Subchapter C rules landlords run into

Section 92.105 makes a new owner liable for deposits from the date title is acquired and requires the new owner to give the tenant a signed statement acknowledging responsibility for the deposit and its exact amount. Section 92.106 requires the landlord to “keep accurate records of all security deposits.” Section 92.108 bars the tenant from withholding the last month’s rent on the ground that the deposit secures it, with liability of three times the rent withheld plus attorney’s fees for a tenant who does so in bad faith. Section 92.110 requires written notice of a claim for damages before it is reported to a consumer reporting agency or debt collector when no deposit was required, and § 92.111 governs fees in lieu of a security deposit. Two sections added effective September 1, 2025 by H.B. 2037 matter for delivery: § 92.112 makes a managing agent, leasing agent or resident manager the landlord’s agent for notices under the subchapter, and § 92.113 allows notices by email in the circumstances described below.

Normal wear and tear, move-in records and fair housing

Section 92.001(4) defines “normal wear and tear” as “deterioration that results from the intended use of a dwelling,” excluding “deterioration that results from negligence, carelessness, accident, or abuse of the premises, equipment, or chattels by the tenant, by a member of the tenant’s household, or by a guest or invitee of the tenant.” A dated move-in record is the simplest way to show which conditions are new; our Texas Move-In/Move-Out Checklist is built for that.

Independent of the Property Code, the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) prohibits discrimination in the terms and conditions of a rental because of race, color, religion, sex, familial status, national origin or disability. Applying stricter deduction standards to some tenants than to others on one of those bases is a fair-housing problem separate from Subchapter C.

When and how to deliver

The 30-day clock

The period runs from “the date the tenant surrenders the premises” — typically the day the tenant returns the keys or otherwise gives up possession, not the date the tenant gave notice and not necessarily the last day of the lease. Record that date with a key receipt, a move-out checklist or a dated message. Then calendar the 30th day after it.

Section 92.107 adds a condition: the landlord is not obligated to refund or itemize until the tenant gives a written statement of a forwarding address. When that statement arrives after surrender, keep it with its date. A tenant who never gives a forwarding address does not lose the deposit, so a landlord holding a deposit without an address should keep it accounted for and document every attempt to obtain an address.

Missing the deadline is expensive. Under § 92.109(d), a landlord who fails either to return the deposit or to provide the itemization on or before the 30th day after surrender “is presumed to have acted in bad faith.”

Method of delivery

Subchapter C does not require a particular method, but it rewards two of them. Under § 92.1041, a refund or accounting “placed in the United States mail and postmarked on or before the required date” is presumed timely, so mailing with a dated postmark (certified mail gives you a receipt) is the method with a built-in presumption. Under § 92.113, effective September 1, 2025, notices and other communications required or permitted by the subchapter “may be sent by e-mail if the tenant and the landlord or landlord’s agent have previously communicated by e-mail,” and the landlord may designate a specific email address for the tenant to use. If you email the itemized list, keep the sent message and your earlier email exchanges with the tenant.

Delivery address

Send the refund and the list to the forwarding address the tenant gave in writing. If a managing agent or resident manager handles the property, § 92.112 makes that person the landlord’s agent for notices under the subchapter, so a forwarding address given to the manager counts.

Damage discovered after the list is sent

Subchapter C does not provide for supplemental itemizations. The practical answer is to finish the inspection, obtain contractor pricing and assemble photographs before the list goes out, so it is complete the first time. A claim for damages beyond the deposit is a separate matter; note that under § 92.109(b) a landlord who in bad faith fails to itemize forfeits the right to sue the tenant for damages to the premises.

What Texas lets you deduct

Section 92.104(a) is broader than many states’ lists: the landlord may deduct “damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.” Two limits frame it: no deduction may cover normal wear and tear (§ 92.104(b)), and each deduction must appear on the itemized list (§ 92.104(c)).

1. Unpaid rent and other amounts due under the lease

Rent that came due and was not paid, and late fees or other charges the lease makes the tenant liable for. Support the line with the lease provision, the rent ledger and the due dates. If the only deduction is undisputed unpaid rent, § 92.104(c) excuses the itemized list, but giving one anyway avoids an argument about whether the amount was in controversy.

2. Repair of damage beyond normal wear and tear

Damage the tenant, a household member or a guest caused through negligence, carelessness, accident or abuse — holes, broken fixtures, pet damage, burns, stains — is outside the § 92.001(4) definition of normal wear and tear and can be charged. Describe what was damaged, where, and what the repair cost. The standard is covered in detail in section 5.

3. Cleaning

Cleaning a unit left dirty through the tenant’s carelessness or abuse (heavy grease, pet waste, trash left behind) can be charged. Routine turnover cleaning of a unit returned in ordinary condition is harder to justify, because the dirt of ordinary living is deterioration from the intended use of the dwelling. Itemize what was cleaned and why.

4. Utilities and other charges under the lease

An unpaid utility bill or other charge that the lease makes the tenant responsible for is a charge “for which the tenant is legally liable under the lease.” Enclose the bill and cite the lease term.

What you should not deduct: normal wear and tear of any kind; repairs to conditions that existed before the tenancy; charges the lease does not make the tenant liable for; the landlord’s routine turnover work such as repainting on a normal cycle; and any amount you could not prove reasonable if the tenant sued, since § 92.109(c) puts that burden on you.

Wear and tear vs. damage — the standard

The wear-versus-damage distinction is where most security deposit disputes are decided. Texas states the rule directly: under Tex. Prop. Code § 92.104(b), “The landlord may not retain any portion of a security deposit to cover normal wear and tear,” and § 92.001(4) defines normal wear and tear as deterioration from the intended use of a dwelling, not deterioration from negligence, carelessness, accident or abuse by the tenant, a household member or a guest. Deterioration from normal living is the landlord’s cost; damage from negligence, accident or abuse is the tenant’s. The challenge is deciding which side of the line a given condition falls on.

Working definitions

Normal wear and tear is the deterioration that comes from ordinary, intended use of a home by a tenant of average care: paint that fades from sunlight, carpet that flattens in walkways, light scuffs from furniture, small nail holes from hanging pictures, faint scratches on hardwood, mineral deposits on fixtures, and parts that wear out or fail simply because of age.

Damage is deterioration caused by negligence, carelessness, accident, abuse or deliberate acts of the tenant, a household member, a guest or a pet. Examples: holes larger than picture-hanging holes, broken windows or fixtures, broken cabinet doors, pet urine in carpet or padding, gouged floors, burns, water damage from a leak the tenant did not report, smoke damage, missing items, and trash or heavy soiling left behind.

Borderline cases and how to handle them

Most Texas disputes are not at the extremes; they are in the middle. Four common situations:

Carpet replacement. Carpet has a limited useful life, so replacing old carpet at the end of a tenancy is largely a cost of ownership. Where the tenant did damage carpet (pet stains, burns, tears), the defensible charge is usually the portion of the carpet’s remaining useful life that the damage used up — a prorated amount — not the full price of new carpet. Keep the purchase date and price of the carpet so you can show the math.

Repainting. Interior paint in a rental is repainted on a regular cycle anyway. If the walls show only normal wear, repainting is the landlord’s turnover cost. If the tenant caused specific damage — large marks, crayon, holes, smoke discoloration, an unapproved color — the cost of correcting that damage is a candidate for a deduction, but a full repaint of a unit that was already due for one generally is not.

Cleaning. A unit returned in reasonably clean condition does not generate a cleaning charge just because the landlord cleans between tenants. Heavy grease, pet waste or odor, smoke residue, mold caused by the tenant’s neglect, or trash and belongings left behind can support a charge. Describe exactly what was cleaned and why.

Pet damage. Scratched doors and floors, chewed trim, stains and urine odor in the subfloor are damage. Charge for the specific repair, not for general wear elsewhere in the unit, and check whether a separate pet deposit or pet fee in the lease already covers the item.

Documentation that settles a wear-versus-damage question

The strongest record is a signed move-in checklist with date-stamped photographs, a move-out checklist with matching photographs taken from the same angles, invoices or estimates that describe the exact work charged, and — for older items — a short useful-life calculation showing the proration. A landlord with that record can explain every line on the itemization; a landlord without it is left arguing from memory.

Receipts, estimates and the landlord’s burden of proof

Texas has no receipts rule for deposit deductions. Section 92.104(c) requires “a written description and itemized list of all deductions”; it does not set a dollar threshold above which receipts must be attached, and it does not require estimates or a later mailing of final invoices. Rules like those come from other states’ statutes.

What Texas does have is a burden-of-proof rule. In a tenant’s action, § 92.109(c) provides that “the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.” The records that meet that burden are the same ones a receipts rule would demand.

Invoices and receipts for completed work

If the repair or cleaning has been done by the time the list goes out, keep and enclose the vendor’s invoice or paid receipt showing the vendor, the date, the work performed and the price. A note that says “$200 to ABC Cleaning” is not a receipt; ABC Cleaning’s invoice is.

Written estimates for work not yet done

If the repair will not be finished by the 30th day, a written estimate from the contractor who will do the work supports the amount. Keep the final invoice when the work is complete, in case the tenant challenges the charge.

The landlord’s own labor

If you do the work yourself, record the date, the task, the hours and the hourly rate, and be ready to explain why the rate is reasonable (for example, by comparison with local contractor pricing). “8 hours at $25/hour degreasing the oven, range hood and kitchen cabinets, time log enclosed” is supportable; “my time, $200” is not.

Photographs, checklists and the deposit ledger

Date-stamped move-in and move-out photographs of the same areas and a signed move-in checklist are the most persuasive evidence that a condition is new damage rather than normal wear and tear. Section 92.106 also requires the landlord to “keep accurate records of all security deposits,” so the ledger showing what was received and what was refunded belongs in the same file.

The form’s Evidence column records, for each line, whether a receipt, estimate, photo or time log is enclosed. Lines marked “Receipt attached” or “Estimate attached” are flagged * on the PDF.

Required information for the document

Tex. Prop. Code § 92.104(c) does not prescribe a form, but it does require “a written description and itemized list of all deductions” given together with the balance of the deposit. In practice, an itemization that works as evidence contains the elements below.

Header information

The parties and the tenancy. The landlord’s name (or the property management company), the names of all tenants on the lease, the rental address, the lease start date and the date the tenant vacated. Without these, the document cannot be tied to this tenancy.

Deposit information

The deposit total. The amount of the security deposit actually paid. If the tenant also paid rent in advance, list it separately — § 92.102 excludes an advance payment of rent from the definition of a security deposit.

Itemized deductions

Each deduction on its own line, with a specific description (not “cleaning” but “oven, range hood and refrigerator degreasing”), the amount, the category (unpaid rent, repair, cleaning, and so on) and a note of the supporting record that is enclosed.

Calculation

The total of the deductions and the result: the balance being returned to the tenant or, if the deductions are larger than the deposit, the amount the tenant still owes. Show the arithmetic rather than only the bottom line.

Supporting records

Copies of invoices, receipts or contractor estimates, photographs of the conditions charged, and the move-in and move-out checklists. Sending copies with the itemization answers most tenant questions before they become disputes.

Delivery and signature

The address the itemization is sent to, the method of delivery, the date, and the landlord’s or agent’s signature with printed name and title. The form on this page prints each of these.

Common mistakes that expose landlords to damages

Most Texas deposit disputes turn less on whether a repair was needed than on how the deduction was handled. These are the defects that expose a landlord to liability under § 92.109.

Vague descriptions

“Cleaning.” “Wall repair.” “General damage.” Lines like these are not a “written description and itemized list.” Specific descriptions are: “Oven and range degreasing, $85.” “Patch and paint two 4-inch holes, living room wall, $145.” “Replace pet-stained carpet pad, master bedroom, prorated, $175.”

Charging for normal wear and tear

Repainting walls that are simply due for paint, replacing carpet at the end of its life or filling picture-hanging nail holes charges the tenant for deterioration from the intended use of the dwelling, which § 92.104(b) prohibits.

Missing the 30th day

A refund or itemization that is not provided on or before the 30th day after surrender triggers the § 92.109(d) presumption of bad faith. If you mail, make sure the envelope is postmarked on or before that day (§ 92.1041).

Refusing to act without a forwarding address — forever

Section 92.107 pauses the landlord’s obligation until a written forwarding address arrives, but the tenant does not forfeit the deposit by failing to give one. Keep the deposit accounted for and act promptly once an address is received.

Deductions you cannot prove

Because § 92.109(c) puts the burden on the landlord to prove each retention was reasonable, a deduction with no invoice, estimate, time log or photograph behind it is the one most likely to be lost.

Emailing without prior email contact

Section 92.113 allows email notice if the tenant and the landlord or landlord’s agent “have previously communicated by e-mail.” If you have never exchanged email with the tenant, mail the list.

Lease clauses that try to waive the rules

Under § 92.006(a), a landlord’s duty or a tenant’s remedy concerning security deposits may not be waived. A lease clause that purports to shorten the tenant’s rights or excuse the itemized list does not help the landlord.

Tenant remedies under Tex. Prop. Code § 92.109

Texas tenants have clear statutory rights at move-out and strong remedies when those rights are not honored. Knowing them is the landlord’s best reason to get the itemization right.

Right to the refund and itemized list by the 30th day

Under §§ 92.103(a) and 92.104(c), the tenant is entitled to the balance of the deposit together with a written description and itemized list of all deductions on or before the 30th day after surrender, once the tenant has given a written forwarding address (§ 92.107).

$100 plus three times the amount wrongfully withheld, plus attorney’s fees

Under § 92.109(a), a landlord who in bad faith retains a deposit in violation of the subchapter is liable for “$100, three times the portion of the deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees.” Worked example: a landlord keeps $600 of a $1,500 deposit, and a court finds $400 was wrongfully withheld in bad faith. Liability is $100 plus $1,200 (three times $400), for $1,300, plus the tenant’s reasonable attorney’s fees.

Forfeiture for bad-faith failure to itemize

Under § 92.109(b), a landlord who in bad faith does not provide the itemized list “forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises” and is liable for the tenant’s reasonable attorney’s fees.

The presumption and the burden of proof

Under § 92.109(d), missing the 30th day creates a presumption of bad faith; under § 92.109(c), the landlord must prove that each retention was reasonable.

Retaliation

Section 92.331 prohibits a landlord, within six months after a tenant in good faith exercises a right or remedy, gives a notice to repair, complains to a governmental entity about a building or housing code violation, or participates in a tenant organization, from retaliating by filing an eviction (except on the grounds in § 92.332), depriving the tenant of the premises, decreasing services, increasing rent or terminating the lease, or engaging in bad faith in conduct that materially interferes with the tenant’s rights. A deposit decision in that window should be well documented and applied the same way it would be for any other tenant.

Bottom line for landlords. A specific, timely, documented itemized list sent with the balance is the cheapest protection available against a deposit claim. The documentation takes a few hours; getting it wrong can cost $100 plus three times the amount wrongfully withheld plus the tenant’s attorney’s fees, and can forfeit the landlord’s own damage claim. The form on this page handles the mechanics; the analysis above is the legal context.

Texas statute reference table

ProvisionSubjectKey requirement
Tex. Prop. Code § 92.102Security deposit definedAdvance of money to secure lease performance; excludes application deposits and advance payments of rent
Tex. Prop. Code § 92.10330-day refundRefund on or before the 30th day after surrender (subject to § 92.107); advance-notice-of-surrender condition must be underlined or in conspicuous bold print
Tex. Prop. Code § 92.104Deductions and itemized listDamages and charges the tenant is legally liable for; no normal wear and tear; balance given with a written description and itemized list of all deductions
Tex. Prop. Code § 92.1041Mailing presumptionRefund or accounting presumed timely if mailed and postmarked on or before the due date
Tex. Prop. Code § 92.105New ownerNew owner liable from acquisition of title; must give tenant a signed statement of the deposit amount
Tex. Prop. Code § 92.106RecordsLandlord keeps accurate records of all security deposits
Tex. Prop. Code § 92.107Forwarding addressNo obligation to refund or itemize until a written forwarding address is given; no forfeiture by the tenant
Tex. Prop. Code § 92.108Last month’s rentTenant may not withhold last month’s rent against the deposit; bad-faith tenant liable for 3× plus fees
Tex. Prop. Code § 92.109Landlord liabilityBad-faith retention: $100 + 3× the portion wrongfully withheld + attorney’s fees; bad-faith failure to itemize forfeits withholding and damage suit; landlord’s burden of proof; presumption of bad faith after the 30th day
Tex. Prop. Code §§ 92.112–92.113Agents; email notice (eff. Sept. 1, 2025)Managing agent, leasing agent or resident manager is the landlord’s agent for notices; email notice allowed if the parties previously communicated by email
Tex. Prop. Code § 92.006(a)No waiverA landlord’s duty or tenant’s remedy concerning security deposits may not be waived
Tex. Prop. Code § 92.331RetaliationSix-month protection after protected tenant actions
42 U.S.C. § 3601 et seq.Federal Fair Housing ActDeposit practices may not discriminate on a protected basis

Citations are to the Texas Property Code, Chapter 92, as published by the Texas Legislature (statutes.capitol.texas.gov), current through the 89th Legislature’s 2nd Called Session (2025) and reviewed in September 2026. Statutes change; confirm the current text before relying on it in a contested matter.

Frequently asked questions

How long does a Texas landlord have to return the security deposit?
Tex. Prop. Code § 92.103(a) requires the refund on or before the 30th day after the date the tenant surrenders the premises, together with a written description and itemized list of all deductions (§ 92.104(c)). Under § 92.107, the landlord is not obligated to refund or itemize until the tenant gives a written forwarding address.
What can a Texas landlord deduct from a security deposit?
Damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease, such as unpaid rent, lease charges and repair of damage caused by negligence, carelessness, accident or abuse (§ 92.104(a)). No portion may be kept to cover normal wear and tear (§ 92.104(b)).
Does a Texas landlord have to provide receipts for deductions?
Texas does not require receipts to be attached to the itemized list. But in a tenant’s suit, § 92.109(c) places the burden on the landlord to prove that each retention was reasonable, so invoices, estimates and photographs should be kept and, ideally, enclosed.
What counts as normal wear and tear in Texas?
Section 92.001(4) defines normal wear and tear as deterioration that results from the intended use of a dwelling, but not deterioration that results from negligence, carelessness, accident or abuse of the premises, equipment or chattels by the tenant, a household member or a guest. Fading paint and walkway carpet wear are normal wear; holes, burns and pet damage are not.
Can the landlord charge for cleaning?
A landlord can charge for cleaning a unit left dirty through the tenant’s carelessness or abuse, such as heavy grease, pet waste or trash left behind, if the tenant is liable for it under the lease. Routine cleaning of a unit returned in ordinary condition is harder to justify because it reflects the intended use of the dwelling.
What is the penalty for a Texas landlord who keeps a deposit in bad faith?
Under § 92.109(a), $100, three times the portion of the deposit wrongfully withheld, and the tenant’s reasonable attorney’s fees. A landlord who in bad faith fails to provide the itemized list forfeits the right to withhold any portion of the deposit or to sue for damages to the premises (§ 92.109(b)).
What if the tenant did not provide a forwarding address?
Under § 92.107, the landlord is not obligated to return the deposit or give the itemized list until the tenant gives a written statement of a forwarding address. The tenant does not forfeit the right to the refund or the itemized list merely by failing to give one.
Can the itemized list be sent by email in Texas?
Yes, in some cases. Section 92.113, effective September 1, 2025, allows notices and other communications under the security deposit subchapter to be sent by email if the tenant and the landlord or landlord’s agent have previously communicated by email. Mail postmarked on or before the 30th day is presumed timely under § 92.1041.
What if the deductions exceed the deposit?
Send the itemized list on time anyway, showing the deductions and the balance the tenant owes. Any unpaid balance is a separate claim against the tenant; a landlord who in bad faith fails to itemize forfeits the right to sue the tenant for damages to the premises under § 92.109(b).
How long should I retain the documents?
Keep the itemized statement, receipts and estimates, move-in and move-out checklists, photographs, and proof of delivery until any deposit dispute has been fully resolved. Section 92.106 separately requires accurate records of all security deposits.

Stop deposit disputes before they start.

Security deposit disputes are among the most common disagreements at the end of a Texas tenancy, and the defects that cost landlords are almost always preventable. Careful tenant screening helps you choose applicants with a record of meeting their obligations. A clear lease produces clear expectations. Thorough move-in documentation produces a defensible baseline. A specific, timely itemized list sent with the balance produces a defensible deduction. Each piece of the chain reduces deposit-related risk.

When to consult a Texas landlord-tenant attorney

Most Texas deposit disputes are routine matters that a landlord with good documentation can handle. If the amount in dispute is significant, the tenant has raised retaliation or fair-housing claims, the deductions involve specialized work (mold remediation, structural repair, lead paint), the 30th day has already passed, or the tenant has hired a lawyer, consult a Texas landlord-tenant attorney before sending the itemized list under Tex. Prop. Code § 92.104. A clean documentation package is the foundation of a defensible deduction; an attorney's review at the right moment costs far less than defending a claim under § 92.109, where bad-faith liability is $100 plus three times the amount wrongfully withheld plus attorney's fees.

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Sources cited on this page

  • Tex. Prop. Code §§ 92.101–92.113 (security deposits) — Texas Property Code, Chapter 92
  • Tex. Prop. Code § 92.001(4) (normal wear and tear defined)
  • Tex. Prop. Code § 92.006(a) (security deposit duties and remedies may not be waived)
  • Tex. Prop. Code § 92.331 (retaliation by landlord)
  • H.B. 2037, 89th Leg., R.S. (2025), adding §§ 92.112 and 92.113, effective September 1, 2025
  • 42 U.S.C. § 3601 et seq. (federal Fair Housing Act)

This form and the accompanying guidance are provided for general informational purposes only and do not constitute legal advice. Texas landlord-tenant law can change through legislation and court decisions, and how Tex. Prop. Code §§ 92.103–92.109 (refund, itemized list, liability), § 92.107 (forwarding address) and § 92.113 (email notice) apply depends on the facts of each tenancy. Always verify current requirements in the Texas Property Code or with a qualified Texas landlord-tenant attorney before relying on this itemized list in a contested deposit matter. Review Texas security deposit laws.