Security Deposits for San Antonio Rentals: The 30-Day Rule, Legal Deductions, and How to Avoid Treble Damages

Texas Property Code § 92.103 gives you 30 days from the day the tenant surrenders the property and provides a forwarding address to either refund the security deposit in full or return the balance with an itemized list of deductions. Blow the deadline in bad faith, over-deduct, or fail to itemize, and § 92.109 exposes you to the deposit amount plus three times the wrongfully withheld portion, plus $100, plus the tenant's reasonable attorney's fees. That is the entire game — most Bexar County JP small-claims deposit suits turn on those two statutes.

If you self-manage a rental in San Antonio, the deposit is where amateur landlords lose the most money, usually not because the tenant was right on the merits but because the paperwork was sloppy. Here is the workflow that survives a JP court challenge.

What the deposit is and is not

Under § 92.102, a security deposit is any advance of money (other than rent, application fee, or pet fee held separately) intended primarily to secure performance of the lease. Texas does not cap the amount — you can charge one month, two months, or more, though the market in most San Antonio submarkets (Stone Oak, Alamo Ranch, Converse, Southtown) will not tolerate much more than one month on a standard single-family lease.

A few points that trip up new landlords:

• Pet deposits count as security deposits unless your lease clearly labels a portion as a non-refundable pet fee. If it is refundable, it is subject to § 92.103.
• Last month's rent is not a deposit if the lease calls it prepaid rent, but courts will re-characterize it as a deposit if you treat it like one.
• You cannot deduct from the deposit for normal wear and tear (§ 92.104(b)). This is the single biggest source of disputes.

The 30-day clock and the forwarding address trap

The clock starts when both events happen: the tenant has surrendered the premises and provided a forwarding address in writing. If they move out and vanish, the clock does not start until you get an address. Keep the postmarked envelope, the email, or the text — you will need to prove the date.

When the address arrives, calendar 30 days out. Mail the check and itemization by certified mail, return receipt requested, to that address. Do not hand-deliver without a signed receipt. Do not Venmo the refund without also mailing the itemization — the statute requires a written description of each deduction.

If the tenant owes more than the deposit, you still owe them the itemization within 30 days. Skipping the itemization because "they owed us anyway" is how landlords lose winnable cases.

Normal wear and tear vs damage

Section 92.001(4) defines normal wear and tear as deterioration that results from the intended use of the dwelling, not from negligence, carelessness, accident, or abuse. The line matters:

Not deductible (wear)	Deductible (damage)
Faded paint, small nail holes from hanging pictures	Crayon on walls, unfilled anchor holes, painted-over wallpaper
Carpet worn in traffic lanes after 3 years	Pet urine stains, burns, tears, stretch damage
Loose grout, minor caulk shrinkage	Cracked tile, mildew from unreported leaks
Minor scuffs on hardwood	Deep scratches from unprotected furniture, water damage
Dusty blinds	Bent slats, broken cords

Carpet is the most litigated item. San Antonio's hard water and long lease cycles mean carpet often reaches end-of-life at year 5–7. You cannot charge a tenant for full replacement of a carpet that was already halfway through its useful life. Pro-rate. If a carpet cost $2,400 to install five years ago with an expected 7-year life, and the tenant destroyed it in year 5, the depreciated value is roughly $686 — not $2,400.

Documentation that actually holds up in JP court

Bexar County has four Justice of the Peace precincts, and deposit disputes almost always land there (jurisdictional cap is $20,000). Filing is through eFileTexas; the tenant pays around $54 to sue you. Judges see hundreds of these. What wins:

• Move-in condition form signed by the tenant. The TAA lease includes an Inventory and Condition form — use it. Photos alone, without a signed acknowledgment of condition at move-in, are worth much less.
• Timestamped move-in and move-out photos of every room, every appliance, floor corners, and any pre-existing damage. Shoot video too and narrate.
• Actual invoices, not estimates. "Estimated cleaning $350" gets thrown out. "Invoice from ABC Cleaning dated 6/12, $287, paid via check #1042" holds.
• Receipts from a real vendor, not your cousin. If you self-perform, you can charge for materials but not for your labor at contractor rates. Some judges allow reasonable labor; most do not.
• The itemized statement itself. One line per deduction, with the amount, a short description, and reference to the invoice attached.

What most landlords get wrong

Charging a flat "cleaning fee" regardless of condition. If the lease requires the tenant to return the property clean and they do, you cannot deduct a fee just because your turnover checklist includes cleaning. Texas courts have consistently rejected non-refundable cleaning charges disguised as deposit deductions.

Deducting for repainting after a 2-year tenancy. Paint has an accepted useful life of 2–3 years in a rental. If the tenant lived there two years and left normal scuffs, that is wear. Fresh paint every turnover is your cost of doing business, not theirs.

Withholding the deposit "until we figure out the damage." The 30-day deadline is not tolled by your uncertainty. Send what you know is owed, itemize what you are holding and why, and adjust later if needed. Silence is presumed bad faith under § 92.109(d).

Refusing to itemize because the tenant left owing rent. You still owe the itemization. The tenant's unpaid rent is one of the deductions you list. Skipping the paperwork forfeits your defense.

Charging the tenant for code violations you failed to address. If SAWS flagged a leak six months ago and you never fixed it, you cannot charge the tenant for mold remediation at move-out. Section 92.052 puts the repair duty on you.

Assuming a corporate relocation tenant will not sue. Some of the most aggressive JP filings come from military tenants at JBSA-Randolph and JBSA-Fort Sam Houston who know § 92.109 cold and have base legal assistance offices that will draft the demand letter for free.

The demand letter you will receive

When a tenant thinks you mishandled the deposit, expect a written demand citing § 92.103 and § 92.109 and giving you a short window to cure. Take it seriously. If the tenant has a fair point on any deduction, refund that portion immediately with a corrected itemization. Partial cure does not fully eliminate the statutory penalty, but it substantially reduces exposure and often ends the dispute before it reaches a courtroom in Precinct 1, 2, 3, or 4.

If the case is filed, you will get a citation from the constable. You have until the answer date to file a response through eFileTexas or in person at the precinct clerk. Show up to the hearing with your file: signed lease, signed move-in condition form, move-in and move-out photos, forwarding address proof, certified mail receipt, and every invoice. Judges reward organized landlords.

Set up the system once

Deposit handling is not something to improvise per tenant. Build the routine — TAA lease with Inventory and Condition addendum, standardized move-in photo protocol, a spreadsheet with the 30-day deadline the moment the forwarding address arrives, and a preferred cleaner and handyman who invoice properly. Do it once, use it every turnover.

If you are getting ready to list a Bexar County rental and want it in front of qualified tenants before you have to think about the deposit at the other end, you can post it free at HomeFinder's /list-your-home, or browse /resources for more San Antonio landlord guides. If a deposit dispute is already headed to JP court, that is the moment to call a Texas landlord-tenant attorney — the $300 consult is cheaper than a treble-damages judgment.