Tex. Prop. Code Ann. §§ 92.001–92.355 § 92.104
RETENTION OF SECURITY DEPOSIT; ACCOUNTING.
Operative Text
Sec. 92.104. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (a) Before returning a security deposit, 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.(b) The landlord may not retain any portion of a security deposit to cover normal wear and tear.(c) 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 all deductions. The landlord is not required to give the tenant a description and itemized list of deductions if:(1) the tenant owes rent when he surrenders possession of the premises; and(2) there is no controversy concerning the amount of rent owed. Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Under Tex. Prop. Code § 92.104, a landlord is permitted to deduct from a tenant's security deposit only those damages and charges the tenant is legally responsible for under the lease or due to a lease breach — normal wear and tear may never be withheld. When any portion of the deposit is kept, the landlord must return the remaining balance along with a written, itemized list explaining each deduction. The itemized accounting requirement has a narrow exception: if the tenant owes undisputed rent at the time of surrender, the written breakdown is not required.
Plain English — not legal advice.
Operators subject to Tex. Prop. Code § 92.104 generally maintain clear move-in and move-out documentation to distinguish tenant-caused damage from ordinary wear and tear, since only the former may be deducted. When any portion of a deposit is withheld, compliant practice involves returning the remaining balance together with a written, itemized list of every deduction taken. The exception to the itemized-list requirement — undisputed rent owed at surrender — is narrow, so most operators provide the accounting regardless to reduce exposure to disputes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tex. Prop. Code § 92.104 gives tenants the right to have their security deposit returned minus only legitimate, lease-based charges, and normal wear and tear cannot be used as a basis for any deduction. If a landlord keeps all or part of the deposit, tenants are generally entitled to receive both the remaining balance and a written itemized list of every deduction, unless undisputed rent was owed at move-out. Tenants who believe a deduction was improper may consider raising the violation as a defense in small claims court, contacting a local tenant-rights organization, or reviewing additional remedies available under the broader Tex. Prop. Code §§ 92.001–92.355 framework.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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