💰 Texas Security Deposit Itemization
30-Day Accounting – Texas Property Code § 92.104
🚨 CRITICAL – 30-Day Deadline
Must be provided within 30 days of tenant move-out:
- 30-day requirement: Count from date tenant surrenders property
- Return full deposit OR itemize: Cannot just keep without accounting
- Itemization required: If keeping any portion, must provide detailed list
- Mail to forwarding address: Send to address tenant provided
- Severe penalties: Failure = 3x deposit + attorney fees + $100
⚠️ What Can Be Deducted
Allowed deductions under Texas law:
- Unpaid rent: Any rent still owed through lease term
- Damage beyond normal wear: Not normal aging/depreciation
- Excessive cleaning: Beyond normal move-out cleaning
- Unreturned keys: Cost to rekey locks
- Unpaid utilities: If tenant was responsible
- CANNOT deduct normal wear and tear
📋 Required Elements
Itemization must include:
- Detailed description of each deduction
- Amount of each deduction
- Total deductions
- Remaining balance to be refunded
- Landlord’s name and address
📝 Deposit Accounting
Property and Lease Information
Date tenant surrendered property
Security Deposit Summary
Texas doesn’t require interest, but include if paid
Deductions
Security Deposit Calculation:
Landlord Information
Tenant’s Forwarding Address
📚 Texas Security Deposit Itemization Guide
30-Day Requirement
Strict deadline under § 92.104:
- Starts at move-out: Count from date tenant surrenders property
- 30 calendar days: Not business days – includes weekends/holidays
- Postmark counts: Must be mailed within 30 days (postmark as proof)
- Two options: Return full deposit OR send itemization + remaining balance
- Cannot just keep: Must account for deposit even if keeping all
Allowed vs. Prohibited Deductions
✅ CAN Deduct For:
Unpaid Rent:
- Rent owed through end of lease term
- Unpaid rent for notice period if broke lease
- Late fees (if in lease)
Damage Beyond Normal Wear:
- Holes in walls (beyond normal picture hooks)
- Broken windows, doors, fixtures
- Burns, stains, tears in carpet (not from use)
- Missing or broken appliances
- Damage to countertops, cabinets
Excessive Cleaning:
- Extreme filth requiring special cleaning
- Garbage/debris left behind
- Mold from tenant neglect
- Pet stains/odors requiring deep cleaning
Other Valid Deductions:
- Unreturned keys (cost to rekey)
- Unpaid utilities (if tenant responsible)
- Removal of tenant belongings left behind
- Repair of lease violations (unauthorized pet damage, etc.)
❌ CANNOT Deduct For:
Normal Wear and Tear:
- Carpet wear from walking
- Paint fading or minor scuffs
- Worn countertops from normal use
- Faded curtains/blinds
- Minor scratches on floors
- Appliance depreciation
Prohibited Deductions:
- Ordinary cleaning between tenants
- Repainting unless damaged beyond normal
- Carpet cleaning unless excessively dirty
- Upgrades or improvements
- Repairs for pre-existing conditions
- Speculative or punitive charges
How to Calculate Deductions
Must use actual costs:
- Get receipts: Professional cleaning, repairs, etc.
- Reasonable estimates: If doing yourself, use market rates
- Depreciation applies: Prorate for age/useful life
- Cannot profit: Can only charge actual cost
Example – Carpet Replacement:
- Carpet cost new: $2,000
- Useful life: 10 years
- Tenant lived there: 5 years
- Carpet 50% depreciated: $1,000 value remaining
- If damaged beyond normal wear: Can charge up to $1,000 (not full $2,000)
Required Itemization Details
Each deduction must include:
- Specific description: “Repair hole in living room wall” not just “damages”
- Location: Which room/area
- Cost: Exact dollar amount
- Receipts: Attach if available (recommended but not required)
Bad Example: “Cleaning: $200, Repairs: $300” ❌
Good Example: “Professional carpet cleaning for pet stains in master bedroom: $150 (receipt attached)” ✓
Consequences of Non-Compliance
💰 Penalties Under § 92.109
If landlord fails to return or itemize within 30 days:
- Presumption of bad faith: Burden shifts to landlord
- Treble damages: Tenant entitled to 3x wrongfully withheld amount
- $100 penalty: Additional statutory penalty
- Attorney’s fees: Tenant recovers legal costs
- Court costs: Landlord pays filing fees
Example:
- Deposit: $1,500
- Landlord kept all, sent no itemization
- Tenant sues and wins
- Landlord pays: $4,500 (3x $1,500) + $100 + tenant’s attorney fees ($2,000) + court costs ($300)
- Total: $6,900
Best Practices for Landlords
✅ Deposit Return Checklist
- Move-in inspection: Document condition before tenant moves in
- Move-out inspection: Walk through with tenant if possible
- Take photos: Before and after, date-stamped
- Be reasonable: Don’t nickel-and-dime for normal wear
- Get receipts: Professional repairs, cleaning services
- Detailed itemization: Specific descriptions, not vague
- Calculate correctly: Apply depreciation, use actual costs
- Send within 30 days: Count carefully from move-out
- Use certified mail: Proof of mailing and delivery
- Keep records: Copies, receipts, photos for at least 4 years
- When in doubt, refund: Cheaper than lawsuit
⚖️ Legal Disclaimer
This form is provided for informational purposes only and does not constitute legal advice. Texas Property Code § 92.104 requires landlord return security deposit OR provide itemization within 30 days of move-out. Must mail to forwarding address tenant provided. Can only deduct for unpaid rent, damage beyond normal wear, excessive cleaning, unreturned keys. Cannot deduct for normal wear and tear.
30-day deadline is strict. Failure to return or itemize within 30 days = presumption of bad faith. Tenant can sue for 3x deposit + $100 + attorney fees (§ 92.109). Postmark within 30 days satisfies requirement. When in doubt about deduction, refund to tenant – cheaper than lawsuit.
Be specific and fair. Itemization must include detailed descriptions and amounts for each deduction. Attach receipts when available. Apply depreciation. Use actual costs only. Normal wear and tear cannot be charged. Consider consulting property management attorney if unsure about deductions.
