A deposit dispute in a Texas justice court turns on five documents: the lease clause on the deposit, the move-in condition record, the move-out condition record, the itemised list sent under Property Code §92.104, and proof of when it was sent. The burden matters: §92.109(c) places on the landlord “the burden of proving that the retention of any portion of the security deposit was reasonable,” and a landlord who kept the deposit or failed to account within 30 days is presumed to have acted in bad faith (§92.109(d)). The file has to carry that burden before the hearing, not at it.
The evidence, in the order a judge reads it
- The lease: deposit amount, any advance-notice-of-surrender clause (valid only if underlined or in bold, §92.103(b)), cleaning and damage clauses, the rent ledger.
- The move-in record: dated, signed by both, with photographs of each room, appliance and fixture — the baseline against which “normal wear” is measured (§92.001(4)).
- The move-out record: same rooms, same angles, dated the day of surrender; the key receipt fixing the surrender date.
- The itemised list: each deduction tied to a lease clause or to damage, with the invoice or estimate; the arithmetic to the balance.
- Proof of timing and delivery: the postmark (presumption of compliance under §92.1041), the e-mail under §92.113, and the tenant’s written forwarding address with its date (§92.107).
What each side can claim
| Claim | Who | Basis | Amount |
|---|---|---|---|
| Refund of deposit wrongfully withheld | Tenant | §92.109(a) bad-faith retention | $100 + 3× the amount withheld + attorney’s fees |
| No accounting given | Tenant | §92.109(b) bad-faith failure to itemise | Landlord forfeits the right to withhold any part or to sue for damage; tenant’s fees |
| Damage beyond the deposit | Landlord | §92.104 charges exceeding the deposit | The excess, with proof |
| Last month’s rent withheld | Landlord | §92.108 | 3× the rent withheld + attorney’s fees |
Before it becomes a case
Answer the tenant’s objection in writing with the photographs and invoices attached; many disputes end there. If a claim is filed, the same packet — lease, two condition records, list, postmark, forwarding address — is the exhibit list. A landlord without the move-in record should expect to lose the wear-and-tear argument; a landlord without the postmark should expect the bad-faith presumption.
Frequently asked questions
Who has the burden of proof in a Texas deposit dispute?
The landlord, as to whether retaining any part of the deposit was reasonable; a landlord who kept it or failed to account within 30 days is presumed to have acted in bad faith (Property Code §92.109).
What evidence best shows damage rather than wear?
A dated move-in record with photographs and a matching move-out record taken at surrender, with invoices tied to each item on the itemised list (Property Code §§92.001, 92.104).
What does the tenant recover for a bad-faith retention?
$100, three times the portion wrongfully withheld and reasonable attorney’s fees; if no itemised list was given in bad faith, the landlord also loses the right to any deduction or damage claim (Property Code §92.109).
Sources
Rules change and the right answer can depend on the home, the city, the lease and the timing. These are the official pages this guide relies on; check them before signing, charging a fee, sending a notice or making a legal decision.
- Texas Property Code, Chapter 92 — Residential Tenancies ↗
- Texas State Law Library — Landlord/Tenant Law research guide ↗
- Texas State Law Library — Security deposits ↗
General information for U.S. landlords, with a Texas focus. This guide is not legal, tax or accounting advice. Consult a qualified professional for your situation. Written by the rentalfreelease.com Editorial Team; last reviewed September 19, 2026.