Security Deposit Deductions in Texas: § 92.104 and the Itemized List That Keeps You Out of JP Court

If you keep any portion of a tenant's security deposit in Texas, you have 30 days from the day they surrender the unit and give you a forwarding address to send the balance plus a written, itemized list of every deduction. Miss either half of that — the money or the list — and the tenant can sue you under Texas Property Code § 92.109 for $100, three times the amount wrongfully withheld, and reasonable attorney's fees. That treble-damages statute is why security deposit disputes make up a disproportionate share of what San Antonio landlords lose in JP court.

This is the part of landlord-tenant law where the rules are strict, the deadlines are short, and the paperwork does the work. Here is how to run a deposit return that holds up.

The 30-day clock and what actually starts it

Under § 92.103, the deposit is due within 30 days after the tenant surrenders the premises and provides a forwarding address in writing. Both conditions. Surrender means keys are back and the unit is vacant — not the lease end date, not the day they stopped paying, not the day you changed the locks after an eviction.

§ 92.107 is the escape hatch landlords forget: you have no obligation to return the deposit or provide an itemized list until the tenant furnishes a written forwarding address. If they move out without leaving one, hold the file, document that you have no address, and wait. When the address arrives — even six months later — the 30-day clock starts then.

Two practical moves:

• Build a line into your move-out checklist asking for the forwarding address in writing and have the tenant sign it.
• When a tenant emails you an address after move-out, save the email. That counts as writing.

What "normal wear and tear" actually means

§ 92.001(4) defines normal wear and tear as deterioration from the intended use of the dwelling, excluding damage from negligence, carelessness, accident, or abuse. That is the statutory line, and JP judges in Bexar County apply it almost verbatim.

What lands on the wear-and-tear side (not deductible):

• Minor scuffs on walls after a one-year tenancy
• Carpet showing traffic patterns in hallways and in front of the couch
• Faded paint, loose grout, worn finish on hardwood near entries
• Small nail holes from pictures

What crosses into damage (deductible):

• Crayon, pet urine stains, cigarette burns, large holes in drywall
• Carpet with pet damage down to the pad
• Broken blinds, shattered mirrors, missing smoke detectors
• Unauthorized paint colors you have to prime and repaint

The test judges apply is roughly: would this happen to a careful tenant using the unit as a home for the length of the tenancy. A two-year tenant leaving behind carpet with traffic lanes is wear. A one-year tenant leaving behind a stained carpet with a stripped-off baseboard is damage.

The itemized list under § 92.104

§ 92.104(c) requires that when you deduct for damages, you give the tenant a written description and itemized list of all deductions. Not a lump sum. Not "cleaning and repairs — $450." Line items with a dollar figure next to each.

A defensible list for a San Antonio rental looks like this:

Item	Amount
Carpet replacement, master bedroom (pet urine, pad saturated)	$380
Drywall patch and paint, living room (3 holes approx 4")	$185
Replace 2 damaged blinds, kitchen and guest room	$90
Haul-off of furniture left in garage	$120
Total deductions	$775

Attach photos, invoices or receipts from the vendor who did the work, and a copy of the move-in condition form the tenant signed. You are not statutorily required to attach receipts, but when the tenant files in JP court the judge will ask for them and you want them in the envelope the first time.

One caveat: § 92.104(c) exempts you from itemizing if the tenant owes rent and there is no bona fide dispute. In practice, do not rely on that. Itemize anyway. The cost of writing a list is nothing; the cost of being wrong about whether the rent dispute is "bona fide" is treble damages.

Nonrefundable fees — § 92.102 and your lease

§ 92.102 defines a security deposit as any advance of money, other than a rental application deposit or an advance payment of rent, intended primarily to secure performance under the lease. If you charge a "nonrefundable cleaning fee" or "nonrefundable pet fee," that only sticks if the lease says in writing it is nonrefundable. Otherwise it is deposit, and it comes back under § 92.103.

TAA leases handle this cleanly in the fees section. Custom leases often do not. Pull your lease now and check that every nonrefundable charge is labeled as such.

Pet deposits, pet fees, and pet rent

These are three different animals legally:

• Pet deposit — refundable, counts as part of the security deposit for § 92.104 purposes, must be itemized if you keep any of it.
• Nonrefundable pet fee — only nonrefundable if the lease says so in writing; otherwise refundable.
• Pet rent — monthly charge, treated as rent, not deposit, not refundable.

For assistance animals under the Fair Housing Act, none of the three applies — you cannot charge a pet deposit or pet rent for a verified assistance animal, though you can still charge the tenant for actual damage the animal causes.

§ 92.109 — what the tenant can collect when you get it wrong

The teeth of the statute:

• Bad faith retention of the deposit: $100 + 3x the amount wrongfully withheld + reasonable attorney's fees.
• Bad faith failure to provide the written itemized list: forfeiture of the right to withhold any portion of the deposit and forfeiture of the right to sue the tenant for damages to the premises.

That second part is the one that stings. If you keep the deposit and never send a list, you not only owe it back — you lose your affirmative claim for the drywall holes and the stained carpet. The tenant walks and you eat the repair bill.

§ 92.109(d) presumes bad faith if you fail to return the deposit or provide the list within 30 days. The presumption is rebuttable, but you are now explaining yourself to a JP judge in Precinct 1, 2, 3, or 4 instead of mailing a check.

What most landlords get wrong

• Treating the lease end date as the 30-day trigger. It is not. Surrender plus written forwarding address triggers it.
• Deducting for repainting after a one-year tenancy with no unusual damage. Normal interior paint wear is not chargeable. Repaint on your own dime between tenants.
• Charging the full replacement cost of 8-year-old carpet. You can only charge the depreciated value. Carpet has a useful life, typically 5–10 years in rental use. If the carpet was 7 years old and you replace it with new, you are not entitled to the full invoice.
• Lumping deductions together. "Cleaning and repairs: $600" is not an itemized list under § 92.104. Line items with dollar amounts, every time.
• Keeping the deposit because the tenant "broke the lease." Early termination without legal grounds may give you a claim for lost rent, but it does not override the itemized-list rule. You still have to account for every dollar in writing within 30 days of surrender + forwarding address.
• Ignoring a Military Clause termination. A servicemember from JBSA-Lackland, Randolph, or Fort Sam who terminates under SCRA § 3955 is not breaking the lease. Deposit comes back the same way — within 30 days of surrender and address, less lawful damage deductions only.

Build the file before the tenant moves in

The deposit refund is won at move-in, not move-out. Walk the unit with the tenant, use a dated condition form, take time-stamped photos of every room and every appliance, and give the tenant a signed copy. When they move out, do the walk again with the same form. Side-by-side photos and a signed baseline is what turns a disputed $700 carpet deduction into a 10-minute hearing.

If you're a Bexar County landlord lining up your next tenant, you can post your unit free on RentInSA at /list-your-home, and renters searching for a replacement unit are browsing /rentals every day — Converse, Schertz, Cibolo, and the San Antonio core see the most movement. For more on compliant notices, lease terms, and Texas-specific landlord duties, keep working through /resources.