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You cannot withhold (not pay) your rent even if the landlord has failed to repair a condition that needs repair. Withholding rent will probably get you evicted in Texas.
Section 92.109 allows the tenant to sue the landlord to recover ?three times the portion of the deposit wrongfully withheld? plus other fees. When less than $20,000 is involved, the tenant can sue by going to the local justice of the peace office (justice court). These suits often do not involve attorneys.
Reasons to Withhold a Tenant's Security Deposit Some of the scenarios may be: If the tenant defaults on unpaid rent or fails to pay rent. If the tenant causes damage beyond ordinary wear and tear. If the tenant fails in restoring the rental unit to a reasonable condition.
If the landlord withholds for repairs, you are entitled to a written, itemized list of the damage and cost of repairs and the balance of your deposit after the repairs are subtracted. If you disagree with the deductions or your deposit is not refunded, you can sue in small claims court to recover the entire amount.