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Tex. Prop. Code § 92.104

RETENTION OF SECURITY DEPOSIT; ACCOUNTING

Applied in 6 court decisions — leading case Pulley v. Milberger (2006)

Most recently applied in Rosalie Graf Schneider v. Charles Whatley and Virginia Whatley (November 2017)

Acts 1983, 68th Leg., p. 3640, ch. 576, Sec. 1, eff

How often courts cite this section

199420002010201710
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.