A Texas landlord may deduct “damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease,” may not deduct for normal wear and tear, and must give the tenant the balance “together with a written description and itemized list of all deductions” — that is Property Code §92.104 in one sentence. The list is not optional paperwork: a landlord who in bad faith fails to provide it “forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises” (§92.109(b)).
What may be deducted
| Charge | Deductible? | Basis |
|---|---|---|
| Unpaid rent and late fees the lease allows | Yes | Legally liable under the lease; late fees only within §92.019 |
| Damage beyond normal wear | Yes | §92.104(a); tenant, family and guests |
| Cleaning to the move-in standard | Yes, if the lease says so and the condition exceeds normal wear | Lease term |
| Re-keying after a tenant vacates in breach of a written lease | Yes | §92.156(e) |
| Normal wear and tear | No | §92.104(b) |
| Repairs to security devices worn by normal use | No | §92.162(a) |
| A flat “redecorating” or “administrative” fee | Only if the lease states it and it reflects an actual charge the tenant owes | §92.104(a) |
Writing the itemised list
- One line per deduction: what, where (room), why (lease clause or damage), amount, and the invoice or estimate it rests on.
- Attach the move-in and move-out photographs that show the difference.
- Show the arithmetic: deposit held, total deductions, balance refunded.
- Mail it postmarked within 30 days of surrender (§§92.103, 92.1041) and e-mail a copy if §92.113 applies.
- If the tenant owes rent at surrender and there is no dispute over the amount, the list is not required (§92.104(c)) — send it anyway; it costs nothing and closes the file.
When the damage exceeds the deposit
The itemised list still goes out, showing a balance due, and the claim for the excess follows the ordinary route — demand, then justice court. A landlord who skipped the list has, under §92.109(b), lost the right to sue for the damage at all.
Frequently asked questions
What can a Texas landlord deduct from a security deposit?
Damages and charges the tenant is legally liable for under the lease or for breaching it — unpaid rent, damage beyond normal wear, lease-stated cleaning — never normal wear and tear (Property Code §92.104).
Is an itemised list of deductions required?
Yes, with the balance, unless the tenant owes rent at surrender and the amount is undisputed; a bad-faith failure to itemise forfeits the right to withhold anything (Property Code §§92.104, 92.109).
Can re-keying be deducted?
Only when the tenant vacates in breach of a written lease; ordinary re-keying at turnover is the landlord’s cost under §92.156 (Chapter 92).
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.