San Antonio has a renter population shaped by constant movement. The region is home to Joint Base San Antonio, one of the largest military installations in the Department of Defense (Joint Base San Antonio), along with large universities and a steady flow of people relocating for work. Each of those moves ends with a deposit that should come back to you, and Texas law sets clear rules for when and how.
Across the San Antonio and New Braunfels metro area, the median gross rent is $1,363 a month, and about 354,600 of roughly 967,500 occupied homes, or 36.7 percent, are rented, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora San Antonio dataset, Table B25064; Table B25003). Those figures cover the metro area as a whole, not individual neighborhoods, but they set a realistic baseline: a one month deposit around here is well over a thousand dollars.
Homzora is a housing research publisher, not a law firm. This article explains Texas statutes in plain English and is not legal advice for your situation.
What Texas law guarantees
The rules for residential deposits are in Subchapter C of Chapter 92 of the Texas Property Code. They apply to all residential leases (§ 92.101), and a landlord’s duties concerning security deposits cannot be waived in the lease (§ 92.006).
| Rule | What it means for you | Statute |
|---|---|---|
| 30 day refund | Your landlord must refund the deposit on or before the 30th day after you surrender the unit | § 92.103 |
| Forwarding address | The duty to refund and itemize begins once you give a written forwarding address | § 92.107 |
| No wear and tear charges | Ordinary deterioration from normal use cannot be deducted | § 92.104 |
| Itemized list | Deductions require a written description and itemized list | § 92.104(c) |
| Bad faith penalty | $100, three times the amount wrongfully withheld, and reasonable attorney’s fees | § 92.109(a) |
| Presumption | No refund and no list within 30 days creates a presumption of bad faith | § 92.109(d) |
Deposits for military families in San Antonio
Service members and their families often move on short notice when orders arrive. Texas law gives military tenants a specific right to end a lease early, and that right interacts with the deposit rules in useful ways.
Ending the lease on orders
Section 92.017 allows a tenant who is a service member, or the dependent of a service member, to terminate a lease when the service member receives orders for a permanent change of station or to deploy with a military unit for 90 days or more, among other qualifying situations. The tenant must deliver written notice of termination along with a copy of the orders or other qualifying documentation (§ 92.017). For a lease with monthly rent, termination is effective on the 30th day after the first date on which the next rental payment is due after notice is delivered (§ 92.017(d)).
The same section requires the landlord to refund prepaid rent no later than the 30th day after the effective date of termination (§ 92.017(e)). Your security deposit is handled under the ordinary rules in Subchapter C, which means the 30 day clock after surrender and the forwarding address requirement still apply. A landlord who violates Section 92.017 is liable for actual damages, a civil penalty of one month’s rent plus $500, and attorney’s fees (§ 92.017(h)).
Federal protection on top of state law
The federal Servicemembers Civil Relief Act also allows service members to terminate residential leases in qualifying circumstances, including permanent change of station orders and deployments of 90 days or more (50 U.S.C. § 3955). Your installation legal assistance office can help you decide which protection to invoke and can review your notice before you send it.
A move out tip for PCS season
Orders often mean a fast move out and a forwarding address that is not settled yet. Give your landlord the best address you have, such as a family member’s address or a unit address that will reach you, in writing on move out day. Section 92.107 ties the landlord’s obligation to that written address (§ 92.107), so a delay in sending it delays your refund.
What landlords may and may not keep
Deductions are allowed only for damages and charges for which you are legally liable under the lease or as a result of breaching it, and never for normal wear and tear (§ 92.104). Normal wear and tear is defined as deterioration that results from the intended use of a dwelling, excluding deterioration caused by negligence, carelessness, accident, or abuse by the tenant, household members, or guests (§ 92.001).
San Antonio summers are long and hot, and appliances such as air conditioners work hard. Ordinary aging of systems and finishes from normal use is the landlord’s cost. Damage caused by neglect, such as failing to report a leak you knew about, can be a different story, so report problems in writing as soon as they appear and keep copies of those reports.
How the penalty works in practice
Assume your deposit equals the metro median gross rent of $1,363. If your landlord keeps $400 for repainting walls that simply aged during a three year tenancy, and a court finds the deduction was made in bad faith, Section 92.109(a) would make the landlord liable for $100 plus three times $400, which is $1,300, plus reasonable attorney’s fees (§ 92.109(a)). Whether repainting is wear and tear depends on facts like the length of the tenancy and the condition at move in, so documentation matters.
Do not use the deposit as last month’s rent
Section 92.108 prohibits a tenant from withholding any part of the last month’s rent on the grounds that the deposit covers it. A tenant who does so in bad faith can be liable for three times the rent withheld plus the landlord’s reasonable attorney’s fees (§ 92.108).
Step by step: recovering your deposit in San Antonio
- Document the unit. Photograph every room at move in and move out, and keep your signed inventory form.
- Give notice correctly. If your lease requires advance notice of surrender in bold or underlined print, follow it (§ 92.103(b)).
- Surrender and send your address. Return keys, get a receipt, and provide your forwarding address in writing.
- Wait 30 days. Count from the date of surrender.
- Send a demand letter if the refund or itemized list has not arrived, citing Sections 92.103, 92.104, and 92.109.
- File in justice court if needed. The Texas State Law Library notes that deposit claims under $20,000 can be filed in justice court (Texas State Law Library). For San Antonio rentals, that is generally a Bexar County Justice of the Peace court for the precinct where the property is located, or the justice court of the surrounding county if you rented outside Bexar.
Where to get free help
Texas RioGrande Legal Aid provides free civil legal services to eligible residents across South and Central Texas, including San Antonio (Texas RioGrande Legal Aid). TexasLawHelp.org publishes free forms and guides for deposit disputes (TexasLawHelp.org). Military members and families can also contact the legal assistance office at their installation.
A sample deposit demand letter
If day 30 passes without a refund or an itemized list, a demand letter is the next step. A simple version might read:
Date: 2026. To: [landlord or management company]. Re: Security deposit for [address, unit number]. I surrendered the premises on 2026 and provided my forwarding address in writing on 2026. More than 30 days have passed, and I have not received my security deposit of [amount] or an itemized list of deductions as required by Texas Property Code Sections 92.103 and 92.104. Under Section 92.109, a landlord who fails to do so is presumed to have acted in bad faith and may be liable for $100, three times the amount wrongfully withheld, and attorney’s fees. Please send the full deposit to [address] by 2026. If I do not receive it, I will file a claim in justice court. Sincerely, [name].
Send the letter by a method that gives you proof of delivery and keep a copy for court. Bring the letter, your lease, your photos, and proof of your forwarding address if you need to file.
Frequently asked questions
Is there a maximum deposit in San Antonio?
No Texas statute caps the amount, and the Texas State Law Library’s deposit guide identifies no maximum (Texas State Law Library). The amount is set by your lease.
Does a new owner have to return my deposit?
Yes, subject to the conditions in Section 92.105, a new owner is liable for the return of security deposits under the subchapter (§ 92.105).
Do I earn interest on my deposit?
Chapter 92 does not require landlords to pay interest on residential security deposits (Texas Property Code Chapter 92).
Explore the San Antonio data
Rent, tenure, income, and vacancy figures for the region are available as free CSV and JSON downloads in Homzora’s San Antonio data library.
Sources
- Texas Property Code, Chapter 92 (Residential Tenancies), Texas Legislature
- Texas State Law Library, Landlord and Tenant Law: Security Deposits
- 50 U.S.C. § 3955, Servicemembers Civil Relief Act, Legal Information Institute
- Joint Base San Antonio
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, Table B25064, via Homzora
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, Table B25003, via Homzora
- Texas RioGrande Legal Aid
- TexasLawHelp.org