San Antonio Security Deposit Rules 2026–27: How to Get Your Deposit Back Under Texas Law, a Sample Demand Letter and Free City Mediation
You moved out of your San Antonio apartment weeks ago, cleaned the place top to bottom, and you are still waiting on your deposit. Or a check finally came with a list of charges that seem made up. Either way, the question is the same: what does the landlord actually owe you, and how do you get it?
San Antonio has no separate city deposit ordinance. Security deposits in Bexar County follow the Texas Property Code, Chapter 92, Subchapter C. What San Antonio does have is a free city service that many renters never hear about: HUD-certified housing counselors at the Neighborhood and Housing Services Department (NHSD) who mediate landlord-tenant disputes, including security deposits, at no charge.
This guide starts with six real-world situations, then covers a sample demand letter, mediation, and court as a last resort.
Six Situations San Antonio Renters Ask About
"It's been more than a month and I've heard nothing."
Texas gives the landlord until the 30th day after you surrender the premises to refund the deposit (Property Code Section 92.103). If they keep any of it, they must send the remaining balance along with a written description and itemized list of deductions (Section 92.104). If nothing arrives by day 30, the law presumes the landlord acted in bad faith (Section 92.109(d)).
But first check this: did you give a written forwarding address? Under Section 92.107, the landlord has no duty to refund or itemize until you give a written statement of your forwarding address. You do not lose the deposit by forgetting, but the 30 days does not start until you send it. If you never sent it, send it today.
"They charged me for carpet and paint after I lived there three years."
A landlord may not keep any part of a deposit for normal wear and tear (Section 92.104(b)). The Code defines that as deterioration from the intended use of the home, including breakage or malfunction due to age. It does not include damage from negligence, carelessness, accident or abuse by you, your household or guests. The Texas Attorney General's example is that carpet worn from a year of ordinary walking is wear and tear. Carpet ruined by a leaking water bed is not.
If the charge is for ordinary aging after a long tenancy, challenge it in writing. In a lawsuit, the landlord has to prove the deduction was reasonable (Section 92.109(c)).
"The lease says I forfeit my deposit if I don't give 30 days' notice."
That kind of clause counts only if it is underlined or printed in conspicuous bold in the lease (Section 92.103(b)). Find your lease and look. If the clause is in plain type, the landlord cannot keep your deposit for lack of notice.
"I signed a lease, paid the deposit, and then couldn't move in."
Under Section 92.1031, you can get your deposit and prepaid rent back if a replacement tenant the landlord accepts moves in on or before your lease start date, whether you found them or the landlord did. If the landlord found the replacement, it may deduct the lease cancellation fee written in the lease, or its actual costs of finding the new tenant.
"Can I just not pay the last month and let them keep the deposit?"
No. Section 92.108 prohibits withholding any part of the last month's rent on the theory that the deposit covers it. A tenant who does this is presumed to act in bad faith and can owe three times the rent withheld plus the landlord's attorney's fees.
"My complex was sold. Who owes me my deposit now?"
The new owner becomes responsible for your deposit from the date it takes title, and it should give you a signed statement with the exact deposit amount (Section 92.105). The previous owner stays responsible until the new owner receives the deposit or assumes the liability. This does not apply when a mortgage lender takes the property through foreclosure.
What the Law Lets You Recover
If the landlord… | The Texas Property Code says… |
Keeps a deposit in bad faith | It can owe $100, plus three times the amount wrongfully withheld, plus your reasonable attorney's fees (92.109(a)) |
In bad faith fails to send an itemized list | It forfeits the right to keep any of the deposit or sue you for damage, and can owe your attorney's fees (92.109(b)) |
Misses the 30-day deadline entirely | It is presumed to have acted in bad faith (92.109(d)) |
Mails the refund or list by day 30 | It is presumed to have complied if the postmark is on or before the deadline (92.1041) |
Step 1: Send a Written Demand
A clear letter fixes many deposit disputes. Since September 1, 2025, Section 92.113 allows notices about deposits to go by email if you and the landlord have already emailed each other, and Section 92.112 treats the leasing agent, managing agent or resident manager as the landlord's agent for these notices. Emailing the leasing office you dealt with is valid notice. Save a copy.
Sample letter (adapt to your facts):
Date: ___
To: [Landlord or management company], [address or email used during the lease]
Re: Security deposit for [unit address]
I moved out and returned the keys on [date]. I gave my forwarding address in writing on [date]. My security deposit was $___.
Under Texas Property Code Sections 92.103 and 92.104, you were required to refund my deposit or send an itemized list of deductions within 30 days after I surrendered the unit. [I have received neither. / The deductions you listed for ___ are normal wear and tear, which Section 92.104(b) does not allow you to charge.]
Please send $___ to [forwarding address] by [date about 10 days out]. If I do not receive it, I plan to seek the amounts allowed by Section 92.109, which include $100 plus three times the amount wrongfully withheld and attorney's fees.
[Your name, phone, email]
Attach your move-out photos and anything showing when you returned the keys.
Step 2: Ask the City for Free Mediation
The City of San Antonio's Fair Housing and Housing Counseling program, part of NHSD, offers free tenant-landlord mediation. Its HUD-certified counselors help with disputes over security deposits, repairs, lease disputes, evictions, code violations, and utility billing and shutoffs. They also explain your rights and obligations.
Phone: 210-207-5309
City customer service: 3-1-1 or 210-207-6000
One important caveat from the city: counselors are not attorneys and do not give legal advice. Mediation works best when the landlord is a real business that would rather settle than go to court. If the landlord ignores the mediator, you still have the legal options below.
The city's Tenants' Rights page at SA.gov/TenantsRights also links to the Renterzine renters' manual, eviction process steps, legal services information, and the city's Notice of Tenants' Rights materials.
Step 3: Go to Justice Court
If letters and mediation fail, file in the Bexar County justice of the peace court for the precinct where the rental is located. Justice courts in Texas hear small claims cases. Bring:
your lease
proof of the deposit amount (receipt, bank record, move-in ledger)
your written forwarding address and the date you sent it
the itemized list, if one came, and the envelope with its postmark
move-out photos and video
your demand letter and proof you sent it
Ask the court for the deposit and the bad-faith amounts in Section 92.109. Remember that if no refund or list arrived within 30 days, the law presumes bad faith, and the landlord carries the burden of proving its deductions were reasonable.
For free legal help, low-income residents can contact Texas RioGrande Legal Aid (TRLA), which serves San Antonio. You can also file a consumer complaint with the Texas Attorney General.
Fees Instead of Deposits, and Leases With No Deposit
Some San Antonio complexes advertise "no deposit" move-ins in exchange for a monthly fee. Section 92.111 requires the landlord to also offer a regular deposit, to put the fee agreement in writing, and to tell you in writing that you can switch from the fee to a deposit at any time. The fee is generally nonrefundable. You are still liable for unpaid rent and real damage, but not for normal wear and tear. Before claiming against insurance bought with that fee, the landlord must send you an itemized list within 30 days after you surrender the unit.
If you had no deposit at all, Section 92.110 says the landlord must notify you in writing of any damage claim before it reports the claim to a credit bureau or debt collector. If it skips that step, it loses the right to collect (unless you never gave a forwarding address).
Before Your Next Lease: A Short Prevention List
On move-in day, photograph every room and note existing damage in writing. Ask the landlord to sign or acknowledge it.
Keep the deposit receipt and a copy of the signed lease. Section 92.024 requires the landlord to give you a copy within three business days after everyone signs.
Mark any bold or underlined notice clause in the lease.
At move-out, take photos, return keys in a way you can prove, and email your forwarding address the same day.
Put day 30 on your calendar.
Related Guides
Sources
This guide gives general information, not legal advice. Laws and programs change; check the official sources above before you act.
Comments