Can My Texas Landlord Charge a Retaliatory Pet Fee After I Disputed My Security Deposit?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
My landlord found out I had an unauthorized cat a month after I moved in. She mentioned that we needed to pay a pet deposit but never followed up. She then threatened to evict us and never followed up on that either. We then registered the cat as an emotional support animal and sent over all the paperwork and vaccine records, and she never responded. We were never fined and never had to pay a pet deposit for the unauthorized cat. I've now moved out, and the landlord sent a list of "damages" with a flat fee. Nothing was broken down or itemized. In that list, I told her that part of the damages were not my responsibility since some hooks were installed before I moved in. She admitted in writing that the hooks were installed before I moved in, but said she was charging me anyway because she "didn't charge enough" originally. Now that I've asked for an itemization, she is threatening to charge us a cat fine. That fine was never part of the move-out damages list and only came up after I began disputing my deposit. I feel this is retaliatory and done in bad faith, since she is now threatening to fine us as much as possible for a cat she has known about for over a year. Is this legal, and what are my options?
Attorney Answer
Texas law requires your landlord to give you a written, itemized list of any deductions from your security deposit, and retaliating against you for disputing that deposit is against the law.
Under Texas Property Code §§ 92.103 and 92.104, once you move out and give a forwarding address, your landlord generally has 30 days to refund your deposit, and if she keeps any part of it, she must give you a written description and itemized list of the deductions. A flat "damages" fee with nothing broken down does not meet that requirement. If your landlord withheld your deposit in bad faith, Texas Property Code § 92.109 allows you to recover $100 plus three times the amount wrongfully withheld, along with reasonable attorney's fees and court costs.
The hooks are a separate issue. If your landlord admitted in writing that this damage existed before you moved in, that admission is strong evidence you are not responsible for it, no matter what she now says about not having "charged enough" originally.
The emotional support animal issue also matters. Under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)), a landlord generally cannot charge a pet deposit or fee for a legitimate assistance animal once proper documentation has been provided, and must treat the animal as a reasonable accommodation rather than a pet.
The timing of the new cat fine, appearing only after you disputed the itemization, also works in your favor. A judge can treat that timing as evidence the landlord is acting in bad faith, which is what triggers the extra damages described above. Texas also has an anti-retaliation statute, Texas Property Code § 92.331, which protects tenants who exercise their legal rights in good faith, though its main protections apply while you are still renting.
What you can do:
Put your dispute in writing if you have not already, listing each charge you dispute and why, including the pre-existing hooks and the late-added cat fine. - Keep copies of the ESA paperwork, the landlord's written admission about the hooks, and the move-out damages list. - If she does not provide a proper itemization or continues withholding the deposit without justification, you can pursue a claim in small claims (justice) court for the statutory damages described above.
This is general legal information, not legal advice. A local Texas landlord-tenant attorney or your county's tenant legal aid office can review your lease and communications and advise you on your specific situation.
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Frequently Asked Questions
How long does my landlord have to send an itemized list of deposit deductions in Texas?
Texas Property Code § 92.103 generally gives a landlord 30 days after you move out to refund your deposit, and § 92.104 requires a written description and itemized list of anything she keeps money for. If your landlord already sent a non-itemized flat fee, you can request a proper itemization citing this statute.
Can a landlord charge a pet fee for a registered emotional support animal in Texas?
Generally no. Under the federal Fair Housing Act, an assistance animal is not treated as a pet once a landlord has valid documentation, so pet deposits and fees typically should not apply. Landlords can still hold a tenant responsible for actual damage the animal causes.
What can I do if I think my landlord is retaliating against me?
Texas Property Code § 92.331 protects tenants who exercise their legal rights in good faith, mainly while they are still renting. After you move out, timing still matters as evidence. Keep a written record showing that new charges appeared only after you disputed your deposit, since that can help show the landlord acted in bad faith.
