A move-out invoice may show what a landlord says was spent. It does not, by itself, answer whether the lease makes the tenant responsible, whether the tenant caused the condition or whether the amount withheld was reasonable.
After 16 months in a Houston-area rental, a tenant expected that the landlord might deduct a modest amount for cleaning. Instead, the landlord kept the entire $2,100 security deposit and listed $2,518.90 in cleaning and repair costs.
Several invoices were attached. The tenant believed the home had not been left in a condition that justified losing the entire deposit. Rather than accepting the total, the tenant disputed the deductions and ultimately reported recovering nearly all of the money.
The useful lesson is not that every large move-out bill is invalid. It is that a security-deposit dispute should not be decided by the size of the invoice—or by the confidence of the email attached to it.
Quick answer: If a Texas landlord keeps some or all of your security deposit, test every deduction separately. Ask for the lease provision, the move-in and move-out condition evidence, the reason the condition was attributed to you, support for the amount and proof that the deposit-accounting process was followed. An invoice may support one part of that inquiry. It does not resolve all five.
Editorial note: The opening scenario is an anonymized summary of user-provided material. Pine has not independently verified the property condition, invoices, communications or outcome. Identifying details and social-media comments have not been reproduced. This article provides general information, not legal advice.
Do Not Argue About the Total First
A statement that says “repairs and cleaning: $2,518.90” compresses several different questions into one number.
Separate the charges before deciding what to admit, dispute or investigate further.
| Test | Question the deduction must answer | Useful evidence |
|---|---|---|
| Lease authority | What lease or addendum provision makes the tenant responsible for this charge? Was there an alleged breach? | Lease, addenda, move-out instructions |
| Condition | What was the relevant area like at move-in, during the tenancy and at move-out? | Condition form, original photos and video, inspection records, maintenance requests |
| Causation | Was the condition caused by intended use and age, a preexisting problem or tenant/guest negligence, carelessness, accident or abuse? | Before-and-after comparison, repair history, dated communications, witness evidence |
| Amount | What work was performed, when, by whom and how was the amount calculated? | Itemized accounting, work order, invoice, receipt, labor and materials, age of the item |
| Process | Were the forwarding-address, timing and itemization requirements followed? | Key-return record, written forwarding address, postmark, email, complete deposit accounting |
This is more useful than declaring that every charge is wrong or demanding the full deposit simply as a negotiation tactic. A credible dispute distinguishes among:
- charges you accept;
- charges you dispute with evidence;
- charges that may be possible but are not adequately supported; and
- charges that do not reconcile with the landlord's own documents.
What Texas Law Actually Requires
The 30-day rule has a forwarding-address condition
Texas Property Code §92.103 generally requires a landlord to refund a residential security deposit on or before the 30th day after the tenant surrenders the premises. Section 92.107, however, says the landlord is not obligated to return the deposit or provide a written description of damages and charges until the tenant gives the landlord a written forwarding address for that purpose. Failing to provide an address does not permanently forfeit the deposit, but it can delay the landlord's obligation. Texas Property Code §§92.103 and 92.107
Before sending a demand, establish four dates:
- the date you surrendered possession;
- the date and method you returned every key or access device;
- the date you gave the landlord a forwarding address in writing; and
- the date the refund or accounting was sent.
Also check the lease for an advance move-out notice requirement. Under §92.103(b), making advance notice a condition for refunding the deposit is effective only if the requirement is underlined or printed in conspicuous bold text in the lease.
A landlord may deduct lawful charges—but not normal wear and tear
Section 92.104 allows a landlord to deduct damages and charges for which the tenant is legally liable under the lease or as a result of breaching it. The same section prohibits retaining any portion of the deposit for normal wear and tear. When deductions are made, the landlord generally must provide the remaining balance, if any, along with a written description and itemized list. The statute contains an exception when the tenant owes undisputed rent upon surrender. Texas Property Code §92.104
Texas defines normal wear and tear as deterioration resulting from the intended use of a dwelling. The definition excludes deterioration caused by negligence, carelessness, accident or abuse by the tenant, a household member or a guest. Texas Property Code §92.001
That definition does not create an automatic list of free and chargeable items. “Painting,” “nail holes,” “carpet cleaning” and “lawn care” are only labels. The facts determine where a condition falls.
The landlord bears a burden in a tenant's deposit case
In an action brought by a tenant under the Texas security-deposit subchapter, §92.109(c) places the burden on the landlord to prove that retaining any part of the deposit was reasonable. That does not mean a tenant should arrive with no records. A tenant still benefits from proving the deposit amount, surrender date, forwarding-address notice, deductions received and condition evidence. Texas Property Code §92.109
The same section provides additional remedies when a landlord retains a deposit in bad faith. Those remedies are not automatic merely because a deduction is disputed or an accounting is late. A court must apply the statute to the facts. Texas Law Help specifically cautions against the myth that every missed deadline automatically produces three times the deposit plus $100. Texas Law Help: The Myths of Renting in Texas
What an Invoice Proves—and What It Does Not
An invoice can be relevant. It may identify a vendor, work date, service, quantity or amount. It may help show that the landlord obtained or paid for work.
But the existence of an invoice does not necessarily establish:
- that the lease allocated the charge to the tenant;
- that the condition did not exist at move-in;
- that the work addressed tenant-caused damage rather than ordinary turnover;
- that the tenant or a guest caused the condition;
- that the entire scope of work was necessary because of that condition;
- that the invoice belongs to the correct property and time period; or
- that retaining the amount from the deposit was reasonable.
Imagine an invoice for repainting an entire interior. The document may show a painting contractor's price. The deposit question still requires the landlord to connect that work to the tenant's legal responsibility. Were there specific marks or damage? Where were they? Did the move-in record show existing paint problems? Was a full repaint necessary, or was the unit being repainted as part of ordinary turnover? What part of the invoice is attributed to the alleged condition?
The strongest request is therefore not “send me an invoice.” It is:
Please identify the lease basis, the specific condition, the evidence showing the condition at move-in and move-out, why it was attributed to the tenant, the work performed, and the calculation of the amount withheld.
Run Common Move-Out Charges Through the Five Tests
Interior painting
Do not assume that repainting is always ordinary wear or always tenant damage. Ask:
- What wall or room allegedly required work?
- What did the move-in condition report show?
- Are there dated move-out photographs of the claimed condition?
- Was the charge for touch-up work, one room or the entire home?
- What lease provision is being applied?
- Does the invoice separate the claimed repair from a larger turnover repaint?
A photo of one wall cannot automatically answer a whole-home charge. Conversely, calling all marks “normal wear” does not answer evidence of unusual damage.
Nail holes and drywall
The words “nail-hole repair” do not decide the issue. The number, size, placement and cause of the holes matter, as may the lease's rules about wall mounting.
Request close and wide-angle images, the move-in baseline and the work description. A vague line such as “drywall repair—$450” should be connected to a location, condition and scope before the amount is evaluated.
General cleaning and carpet cleaning
Separate routine turnover from a specific condition allegedly left by the tenant.
Useful questions include:
- What areas required cleaning?
- How did their condition differ from move-in?
- Does the lease impose a specific move-out cleaning obligation?
- Are there before-and-after photographs?
- Does a vendor invoice identify hours, rooms or services?
- Is a standard turnover service being charged without evidence of the condition that triggered tenant liability?
Texas's statute does not make every cleaning charge lawful or unlawful. The analysis still returns to authority, condition, causation and amount.
Lawn care
For a house with a yard, first determine whether the lease assigned lawn maintenance to the tenant and what standard it required.
Then ask whether the invoice matches the property, the relevant dates and the actual condition at surrender. Weather, irrigation problems, prior maintenance requests and services already arranged by the landlord may matter. “Lawn care” is too broad to evaluate without the underlying facts.
Repair or replacement of an item
When the charge is for an appliance, fixture or other item, request:
- the move-in record;
- its approximate age and prior condition;
- maintenance reports during the tenancy;
- the claimed failure at move-out;
- evidence connecting the failure to the tenant;
- whether it was repaired or replaced; and
- the work order, invoice and cost allocation.
Age alone does not decide liability, but it can help distinguish deterioration from a tenant-caused event and can inform whether the amount claimed is reasonable.
Build One Line-Item Dispute Table
Do not make the reviewer reconstruct your position from a long email chain. Put the accounting, evidence and request in one table.
| Deduction | Amount | Position | Evidence available | Information missing | Requested resolution |
|---|---|---|---|---|---|
| Interior painting | $___ |
Disputed | Move-in report; move-out video | Room-specific condition photos; scope allocation; lease basis | Remove the charge or provide the missing support |
| General cleaning | $___ |
Partially disputed | Cleaning receipt; move-out photos | Itemized tasks; before-and-after evidence | Revise to the supported portion |
| Lawn care | $___ |
Insufficiently supported | Lease; dated yard photos | Service date; condition; vendor work detail | Provide support or remove the charge |
| Admitted damage | $___ |
Accepted | Photos; matching invoice | None | Apply the supported amount and refund the balance |
Use exhibit labels so every statement can be checked:
- Exhibit A: lease and relevant addenda;
- Exhibit B: move-in condition form and original media;
- Exhibit C: maintenance requests during the tenancy;
- Exhibit D: move-out photos, video and inspection;
- Exhibit E: key-return and surrender confirmation;
- Exhibit F: written forwarding-address notice;
- Exhibit G: deposit accounting and invoices; and
- Exhibit H: communications and delivery records.
Preserve original files. Do not replace them with compressed screenshots, overwrite metadata or alter an image in a way that changes its meaning. Use redacted copies when sharing documents containing identity, banking or account information.
Write a Demand That a Neutral Reviewer Can Follow
A useful demand is firm because it is specific—not because it contains the most threats.
1. State the undisputed timeline
Include the rental address, tenancy dates, deposit amount, surrender date, forwarding-address date, accounting date and amount returned.
2. Address each deduction separately
For each item, state whether it is accepted, disputed or not adequately supported. Cite the related exhibit and ask for the precise missing evidence.
3. Request a supported amount
If every deduction is disputed on a reasonable basis, requesting the full deposit may be appropriate. If one item is clearly the tenant's responsibility, acknowledging it can make the rest of the dispute easier to evaluate.
4. Give a response date without mislabeling it
A seven- or ten-day response request in a demand letter is not the Texas statutory refund deadline. It is a deadline selected by the sender. Describe it accurately: “Please respond by [date].”
5. Preserve delivery evidence
Keep the final letter, attachment index, email or portal confirmation, mailing receipt and tracking. Send copies, not your only originals.
A concise closing can read:
Based on the attached records, I dispute
$___of the deductions and request a revised accounting and refund of$___. If you maintain any disputed item, please provide the lease provision, condition evidence, attribution and cost support identified in the table above. Please respond in writing by[date].
Do not state that the landlord committed fraud, discrimination or bad faith unless the available facts and applicable law support that assertion. Do not threaten to place a lien as though a renter can do so immediately. Under Texas law, a general judgment lien ordinarily involves first obtaining a judgment and then properly recording and indexing an abstract of judgment; exempt property is treated differently. Texas Property Code Chapter 52
If the Landlord Does Not Resolve the Dispute
Justice Court
Texas small claims cases are handled in Justice Court under Rules 500–507. Under the current Rule 500.3, a small claims case can seek no more than $20,000, excluding statutory interest and court costs but including attorney fees, if any. Texas Rules of Civil Procedure, effective July 1, 2026
The filing limit does not mean every deposit dispute belongs in the same precinct or costs the same amount. Confirm venue, the defendant's correct legal name, service requirements, filing costs and local forms with the relevant court. Harris County Justice Courts provides its own small-claims information and forms. Harris County Justice Courts: Small Claims
Filing and service fees vary. They should not be described as a statewide $50–$100 cost. The current court should be checked before filing, and an inability-to-pay process may be available for qualifying filers.
Bad-faith remedies
Section 92.109 provides that a landlord who retains a deposit in bad faith in violation of the subchapter can be liable for $100, three times the portion wrongfully withheld and reasonable attorney's fees. It also addresses bad-faith failure to provide a required written description and itemization. These are potential statutory remedies, not an automatic multiplier for every disagreement. Texas Property Code §92.109
For a large claim, a counterclaim, unclear lease terms, disputed service or collection reporting, consider Texas legal aid or a qualified local attorney before selecting the defendant, claim and requested remedies.
If the Charge Appears Again Later
A security-deposit dispute can become a separate rental-record problem if a balance is later sent to a collector or appears during another apartment application.
At that point, identify whether the balance exists in the former landlord's internal ledger, a third-party collection account or a tenant-screening consumer report. Those systems can require separate disputes. See An Old Apartment Balance Is Blocking Your New Lease for the record-by-record process.
Where Pine Can Help
A deposit dispute becomes difficult when the lease is in one inbox, the deduction statement is a PDF, the move-in photos are on an old phone and the move-out video is in a group chat.
Open Pine with the lease, deposit accounting, invoices, condition records and communications. Pine can help:
- extract the amounts, dates, parties and response deadlines;
- organize each deduction under the five tests;
- compare the accounting with the lease and condition evidence;
- identify missing documents and questions for the landlord;
- prepare a line-by-line dispute with an exhibit index; and
- help carry out emails, calls and follow-ups while keeping the timeline together.
Pine does not determine legal liability, guarantee a refund, represent a renter in court or replace advice from a qualified Texas lawyer.
Frequently Asked Questions
Can a Texas landlord keep my entire security deposit?
Possibly, if lawful damages and charges for which the tenant is responsible equal or exceed the deposit and the applicable process is followed. The size of the total does not prove that the deductions are valid. Review each item separately.
How long does a Texas landlord have to return a security deposit?
Texas Property Code §92.103 generally uses a 30-day period after the tenant surrenders the premises. Under §92.107, the landlord is not obligated to return the deposit or provide the damage accounting until the tenant gives a written forwarding address for that purpose.
Does a landlord have to provide an itemized list in Texas?
When retaining all or part of a residential security deposit, the landlord generally must provide the balance, if any, plus a written description and itemized list of deductions. Section 92.104 contains an exception involving undisputed rent owed at surrender.
Can a Texas landlord charge for painting after move-out?
The word “painting” does not decide the issue. Evaluate the lease, move-in and move-out condition, cause of the condition, scope of work and amount. A routine turnover repaint and repair of unusual tenant-caused damage are not necessarily treated the same way.
Can a landlord charge for cleaning or carpet cleaning in Texas?
It depends on the lease, the property's condition and why the work was needed. Texas prohibits deductions for normal wear and tear, but not every cleaning-related condition is automatically normal wear. Ask for condition evidence and a specific cost breakdown.
Is an invoice enough to keep my deposit?
An invoice may support the claimed work or amount, but it does not automatically prove the tenant's legal responsibility, causation, prior condition or the reasonableness of the entire deduction.
Should I demand the full deposit back?
Request the amount supported by your analysis. If every deduction is reasonably disputed, that may be the full deposit. If some charge is supported, a line-item position is usually more credible than denying everything solely as a negotiating tactic.
Can I automatically recover three times my deposit?
No. Section 92.109 ties the enhanced remedy to bad-faith retention in violation of the security-deposit subchapter. A court must evaluate the facts and requested remedies.
Can I sue for a Texas security deposit in small claims court?
Justice Court hears qualifying small claims of no more than $20,000 under the current Texas rules. Confirm the correct venue, defendant, filing and service fees, local procedures and how statutory damages affect the total claim.
Last reviewed: August 6, 2026. Texas statutes, court rules and local filing procedures can change. Check the current official sources that apply to the property and dispute.
