Illustrative Example
This story is based on typical security deposit disputes in Dallas. It illustrates common scenarios and outcomes under TX §92.104. It is not a real client case.
The Situation
This is an illustrative example based on typical security deposit disputes in Dallas. A renter moved out of a Dallas apartment after thoroughly cleaning it and received a $400 'professional cleaning fee' deduction. The lease had no cleaning clause requiring professional cleaning at move-out, and the tenant had photos of the cleaned unit. Under Texas Property Code §92.104, landlords can only deduct for actual damages - a cleaning fee with no lease authority and no evidence of a dirty unit cannot stand.
What Happened
Document clean condition in detail
The tenant spent a full day cleaning the apartment and photographed every surface before departure: appliances (inside and out), floors, walls, bathrooms. The photos showed a unit in clean, move-in-ready condition. The tenant also retained the cleaning supply receipts ($65) as evidence of effort.
Receive cleaning fee deduction
The itemization included '$400 professional cleaning fee' with an invoice from a cleaning company. Texas §92.104 requires deductions to represent actual damages - if the unit was clean and the lease contains no mandatory cleaning clause, a routine professional clean is not an 'actual damage.'
Review lease for cleaning clause
The tenant reviewed the lease carefully - no clause required professional cleaning at move-out. Some Texas leases include such a clause, which can make a cleaning fee enforceable regardless of actual condition. The absence of such a clause here was critical.
Send dispute letter with photos
The tenant sent a certified demand letter attaching move-out photos, noting the absence of any cleaning clause in the lease, and citing TX §92.104 - landlords may only deduct for actual damages exceeding normal wear. A clean unit requires no cleaning, so a cleaning fee represents no actual damage. Return of the full $950 was demanded within 10 days.
Full deposit returned
The landlord returned the full $950 without further dispute. The combination of clean-unit photos and the absent lease clause eliminated the legal basis for the $400 cleaning charge.
The Outcome
A lease without a cleaning clause and photographic proof of a clean unit defeated the $400 cleaning fee entirely. Texas's requirement that deductions represent actual damages means charging for professional cleaning when the unit was already clean constitutes an improper deduction. The full $950 was returned in six weeks.
Key Lesson
Check your lease for a cleaning clause before move-out - if there is none, a cleaning fee is only justified by evidence of actual uncleanliness, which move-out photos directly rebut.
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