Tex. Prop. Code Ann. §§ 94.001–94.303 § 94.105
RETENTION OF SECURITY DEPOSIT; ACCOUNTING.
Operative Text
Sec. 94.105. RETENTION OF SECURITY DEPOSIT; ACCOUNTING. (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 agreement 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 the tenant surrenders possession of the manufactured home lot; and(2) no controversy exists concerning the amount of rent owed. Added by Acts 2001, 77th Leg., ch. 801, Sec. 1, eff. April 1, 2002.
Texas Property Code § 94.105 governs how landlords of manufactured home lots must handle security deposits at the end of a tenancy. A landlord may subtract from the deposit only amounts the tenant is legally responsible for under the lease or due to a lease breach — normal wear and tear cannot be used as a basis for any deduction. When any portion of the deposit is kept, the landlord must return the remaining balance along with a written, itemized list of every deduction, unless the tenant owes undisputed rent at the time they surrender the lot.
Plain English — not legal advice.
Operators of manufactured home lots subject to Tex. Prop. Code § 94.105 generally maintain clear records distinguishing lease-breach damages from ordinary wear and tear, since only the former may be deducted from a security deposit. When any amount is withheld, compliant operators provide the departing tenant with the remaining balance and a written itemized accounting of every deduction taken. The itemized statement requirement may be waived only in the narrow circumstance where the tenant owes rent at surrender and no dispute exists about the amount owed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Tex. Prop. Code § 94.105, tenants of manufactured home lots have a right to receive back any portion of their security deposit that was not properly deducted, along with a written itemized list explaining every charge that was kept. Deductions for normal wear and tear are expressly prohibited, so tenants who believe their deposit was improperly withheld may have grounds to raise that as a claim or defense. Tenant-rights organizations and legal aid offices familiar with Texas property law can help explain the general enforcement paths available, such as filing a claim in small claims court.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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