Quote Quoting Kalian
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Hi,

Thank you so much for posting that link. For some reason I always believed Texas laws favored Landlords. I spent the better part of an hour reading through the security deposit section.

here is what I found relevant to my case. Do I just show this to the judge and say hey he violated these 2 laws?

Sec. 92.103. OBLIGATION TO REFUND. (a) Except as provided by Section 92.107, the landlord shall refund a security deposit to the tenant on or before the 30th day after the date the tenant surrenders the premises.

Sec. 92.109. LIABILITY OF LANDLORD.
(a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
(b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
(1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
(2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
(c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
(d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith.

I really do not want to sue. I just want my security deposit back minus the steam cleaning. But apparently if I go to court and he loses, he'd be liable for much more.

I've also done some research on carpet depreciation and apparently the IRS values its depreciation at 10%-20% a year; and that carpet was WAY beyond its useful life.

I had a gut feeling that he was in the wrong. Had he given me a chance to remedy the situation, or at least smell the odor and see the problem myself I wouldn't have been so upset.

I will send his check back along with a demand letter for my security deposit minus steam cleaning that will include a list of grievances even if I am legally entitled to the full amount.

Hopefully he is reasonable. If not i'll file a claim in court.

Thank you Jack, and everybody else for your help and input.
DO NOT send the check back. Keep it as evidence for court.