Texas Security Deposit Deductions
In Texas, deposit deductions are limited to the uses in the supplied statute. The landlord must give an itemized statement within 30 days. The statute defines ordinary wear and tear. Ordinary wear is not a lawful charge. The table lists each supplied item rule and citation.
Statutory definition of wear and tear
deterioration that results from the intended use of a dwelling, including, for the purposes of Subchapters B and D, breakage or malfunction due to age or deteriorated condition, but the term does not include 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
Item rules
| Item | Allowed | Rule |
|---|---|---|
| Cleaning | Conditional | Allowed only as damages or charges for which the tenant is legally liable under the lease or as a result of breaching the lease; the landlord may not retain any portion of a security deposit to cover normal wear and tear. No statute specifically authorizes a routine turnover-cleaning charge. (Tex. Prop. Code § 92.104(a) - (b)) |
| Carpet replacement | Conditional | Deductible only as tenant-caused damage (negligence, carelessness, accident, or abuse), not as normal wear and tear. No statutory useful-life or depreciation schedule. (Tex. Prop. Code §§ 92.001(4), 92.104(a) - (b)) |
| Painting | Conditional | Deductible only as tenant-caused damage beyond normal wear and tear. Faded paint and ordinary scuffing fall within the statutory definition of normal wear and tear. No painting-specific statute. (Tex. Prop. Code §§ 92.001(4), 92.104(b)) |
| Nail holes and wall damage | Not stated | No item-specific rule; the general standard applies. No statute specifically addresses nail holes. Small holes from intended use are generally normal wear and tear; holes from negligence, carelessness, accident, or abuse are deductible damage. (Tex. Prop. Code §§ 92.001(4), 92.104(b)) |
| Pet damage | Not stated | No item-specific rule; the general standard applies. No rule specific to this item. A deduction is lawful only for damage beyond normal wear and tear, or for amounts the deposit statute allows (Tex. Prop. Code §§92.101-92.109 (Subchapter C)). (Tex. Prop. Code §§92.101-92.109 (Subchapter C)) |
| Unpaid rent and fees | Yes | Before returning a security deposit, 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, which includes unpaid rent if the lease so provides. (Tex. Prop. Code § 92.104(a)) |
Itemization duty
| Itemization required | Yes |
|---|---|
| Deadline | 30 days |
| Receipts required | No |
| Rule | Refund is due on or before the 30th day after the tenant surrenders the premises (clock does not start until the tenant gives a written forwarding address). If any amount is retained, the landlord must give a written description and itemized list of all deductions, except when the tenant owes rent at surrender and there is no controversy over the amount of rent owed. Receipts are not required by statute. |
| Citation | Tex. Prop. Code §§ 92.103, 92.104(c), 92.107 |
Burden of proof
A landlord who fails to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the tenant surrenders (and provides a forwarding address) is presumed to have acted in bad faith. Tex. Prop. Code § 92.109(d). Bad-faith retention of the deposit makes the landlord liable for $100 plus three times the portion wrongfully withheld plus reasonable attorney’s fees. § 92.109(a).
Statute says
If the landlord retains all or part of a security deposit under this section, the landlord shall give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of
What this means
Source accessed: .
If it was deducted anyway
Use the Texas demand letter page to ask for the itemized statement and the return of any amount that bills ordinary wear. Cite only a rule listed on this page.
Free Texas template, built from verified state data
I rented [rental property address] from [lease start date] to [move-out date]. I paid a security deposit of $[amount]. I returned the keys on [date] and gave you my forwarding address in writing on [date]. Under Texas law (Tex. Prop. Code §§92.101-92.109), a landlord must return the deposit or send a written, itemized list of deductions within 30 days after the date the tenant surrenders the premises (possession).
FAQ
What security deposit deductions are allowed in Texas?
Only the uses in the supplied Texas record. The table on this page lists each item with its rule and citation. A general wear-and-tear row is not an item-specific statute.
Does a Texas landlord have to itemize deductions?
Yes. Refund is due on or before the 30th day after the tenant surrenders the premises (clock does not start until the tenant gives a written forwarding address). If any amount is retained, the landlord must give a written description and itemized list of all deductions, except when the tenant owes rent at surrender and there is no controversy over the amount of rent owed. Receipts are not required by statute.
Who has the burden of proof for a Texas deduction?
A landlord who fails to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the tenant surrenders (and provides a forwarding address) is presumed to have acted in bad faith. Tex. Prop. Code § 92.109(d). Bad-faith retention of the deposit makes the landlord liable for $100 plus three times the portion wrongfully withheld plus reasonable attorney’s fees. § 92.109(a).