A tenant disputes my security deposit deductions. What proof should I have?
Show the lease, the signed move-in report and photos, the move-out photos from the same spots, the itemized statement you sent on time, and the receipts for what you charged. A landlord who wins a deposit dispute usually shows that the damage is new, that it goes beyond ordinary wear, and that the amount is fair. The exposure for getting it wrong is real: in Texas a bad-faith landlord can owe $100 plus three times the amount wrongfully withheld, and in California up to twice the deposit.
What is at stake if you lose
Texas Property Code section 92.109 makes a landlord who retains a deposit in bad faith liable for $100, three times the portion wrongfully withheld, and the tenant's reasonable attorney's fees. A landlord who misses the 30 days, which section 92.103 sets after the tenant surrenders the premises, is presumed to have acted in bad faith.
California Civil Code section 1950.5, subdivision (m), says a bad-faith claim or retention may lead to statutory damages of up to twice the amount of the security, in addition to actual damages. Subdivision (h) sets 21 calendar days after the tenant vacates for the itemized statement.
Example a made-up Texas landlord withholds $900 of a $1,500 deposit without a good basis, and a court finds bad faith. The landlord owes $100 + 3 x $900 = $2,800, plus the tenant's attorney fees, on top of returning the $900. The disputed cleaning would have cost $150.
The evidence a landlord should have ready
| Evidence | What it proves |
|---|---|
| Signed lease and any addenda | What the tenant agreed to, including pet and smoking terms |
| Signed move-in report with dated photos | The condition on day one |
| Move-out photos from the same spots | What changed during the stay |
| Dated itemized statement | You met the deadline and gave reasons |
| Receipts, bills and quotes | The amount is real and reasonable |
| Messages with the tenant | Notice of problems, offers to fix, agreements |
Where the law sets a time to record or respond, keep the proof you met it. For example, Massachusetts section 15B bars deductions for damage that was on the statement of condition, and Washington RCW 59.18.280 bars withholding for fixtures or appliances not documented in the written checklist.
How to answer the tenant
- Reply in writing, calmly, and attach the evidence for the disputed item.
- Offer a fix for a weak item: drop it, or reduce it, if the proof is thin or the item looks like wear.
- Put a date by which you will respond to any new evidence the tenant sends.
- Send a refund of any amount you agree to give back, with the corrected statement.
- Keep every message. Do not argue in texts or calls without a written follow-up.
A fair concession is cheaper than a hearing. If the amount is small and the tenant has a point, return it and close the file.
If it goes to small claims
The California Courts self-help guide says that generally you can sue for up to $12,500 in small claims court, or $6,250 if you are a business, and that you cannot have a lawyer represent you, though you can get advice before you go. Other states set their own limits.
- Bring printed photos and a one-page timeline.
- Put the lease, report and statement in order with page numbers.
- Bring the receipts, and the dates the work was done.
- Bring a person who saw the condition, if you can.
- Be ready to explain why each item is damage, not wear, and why the amount is fair.
How DoorKeeping handles it
Keep the lease, report, photos, statement and receipts together in the unit's documents, and keep the messages you sent by email. Your Claude or ChatGPT, connected to DoorKeeping, can pull them into one list when a tenant disputes a line. Any refund waits for your one-tap approval.
Sources
- Texas Property Code section 92.109, liability of landlord, read Oct 30, 2026
- Texas Property Code section 92.103, obligation to refund, read Oct 30, 2026
- California Civil Code section 1950.5, security deposits, read Oct 30, 2026
- California Courts Self-Help Guide, Small claims, read Oct 30, 2026
- Massachusetts General Laws chapter 186, section 15B, read Oct 30, 2026
- Revised Code of Washington 59.18.280, deposit return and statement, read Oct 30, 2026
Questions
- What if the tenant says the damage was there at move-in?
- Your signed move-in report and photos are the answer. If you have none, expect the dispute to go against you on that item, and consider dropping it.
- Do I need a lawyer for a deposit dispute?
- Many small disputes are handled without one. Some small claims courts do not let lawyers appear, as California's guide says. Ask a local attorney if the amount is large.
- How long should I keep deposit records?
- Keep them at least as long as your state's time limit for claims, and longer if you can. Records are cheap to store.