The Move-In Inspection That Actually Holds Up in a Bexar County JP Court

Most security-deposit disputes in Bexar County are not won at move-out. They are won — or lost — in the 90 minutes you spent documenting the unit on move-in day. If a tenant sues you in Justice of the Peace court under Texas Property Code § 92.109 for wrongful withholding, the judge is going to ask one question in several different ways: How do you know that damage wasn't already there? Your move-in inspection either answers that cleanly or it doesn't.

Here is how to build one that actually works as evidence, not just a form you file and forget.

What the statute actually requires

Texas doesn't mandate a move-in inspection form the way it mandates a seller's disclosure (§ 5.008) for sales. What it does require is this:

• § 92.103 — you return the deposit, or a written itemized list of deductions, within 30 days of the tenant surrendering the unit and giving a forwarding address.
• § 92.104 — you may only deduct for damage beyond normal wear and tear, plus unpaid rent or other contractual amounts.
• § 92.109 — if you retain any portion in bad faith, you're liable for $100 plus three times the wrongfully withheld amount plus the tenant's reasonable attorney's fees. Failing to provide the itemized list creates a rebuttable presumption of bad faith.

"Bad faith" in a JP court often comes down to whether you can prove the condition at move-in. No proof, no deduction, trebled damages. That is the risk you are managing.

The form is the smaller half of the job

A usable move-in condition form — the TAR Residential Lease (TAR 2001) includes one as an inventory and condition addendum, and you can also use a standalone sheet — should cover, room by room:

• Walls, ceiling, baseboards, paint condition
• Flooring (type + specific marks, not "okay")
• Windows, blinds, screens, locks
• Doors and door hardware
• Outlets, switches, light fixtures, ceiling fans
• Appliances — model, whether tested, any existing dents or scratches
• HVAC — filter date, thermostat function, vents
• Plumbing fixtures — test each one, note drips or slow drains
• Smoke and CO detectors — tested in tenant's presence (required under § 92.255)
• Exterior — fencing, gates, driveway, yard condition, sprinkler zones

The form is the index. The evidence is the photos and video.

The photo and video protocol that wins

A judge in JP Precinct 3 (covering most of the far north side, including Stone Oak) sees dozens of deposit cases a year. What moves the needle is not quantity — it's three things: timestamp, context, and the tenant's presence.

Timestamped photos

Use a phone camera with location and timestamp turned on in settings, or a property management app that embeds metadata. You want 150–300 photos of an average 3/2. Shoot:

• Wide shot of each room from each corner
• Close-ups of anything already imperfect — a nail hole, a scuff, a worn threshold
• All appliance interiors (fridge shelves, oven, dishwasher racks, microwave turntable)
• Every floor surface at an angle that shows scratches or their absence
• Under-sink cabinets for existing water stains
• The water heater, furnace, and electrical panel
• Exterior: all four sides of the house, fence line, roof from the ground

A single continuous video walkthrough

One unedited video, 8–15 minutes, narrating as you walk. "Entering the primary bedroom. North wall has a small nail hole left of the window, no other marks. Carpet is clean, no stains visible." A continuous video is hard to challenge as staged.

The tenant signs and initials

Walk the unit with the tenant on the day they take possession. Give them the form, a pen, and 48–72 hours to add anything they noticed that you missed. Texas doesn't require this, but a form the tenant signed and added notes to is nearly impossible for them to later call inaccurate. Email them the photo set and the video link the same day, and keep the delivery receipt.

Normal wear and tear is where landlords lose

Texas case law and the Property Code don't define "normal wear and tear" with a bright line, but JP judges in Bexar County apply a practical test: would this damage occur from ordinary, reasonable use over the length of tenancy? Examples that routinely go against landlords:

• Small nail holes and faint picture-hanging marks after a 2-year tenancy
• Carpet matting in high-traffic areas after 3+ years (carpets have an IRS useful life of 5 years; judges often use similar logic)
• Minor scuffs on baseboards
• Faded paint on sun-facing walls

Examples that are typically chargeable:

• Pet urine stains soaking through carpet pad
• Burn marks, large holes, unauthorized paint colors
• Broken blinds, missing screens, damaged appliances beyond cosmetic
• Smoke damage (if the lease is non-smoking)

Your move-in documentation has to be detailed enough that you can point at a move-out photo and say, "This was not here on August 14 when they took possession — here is the same angle from that day."

What most people get wrong

1. Using "good," "fair," "poor" on the form. Those words mean nothing in court. Write what you see: "2" scratch on LVP at kitchen threshold" or "small paint touch-up spot, wall behind door, bedroom 2."

2. Not testing appliances with the tenant. If the dishwasher didn't work at move-in and you didn't document it, you will hear about it at move-out when they claim it's been broken the whole time. Run each appliance. Note model and serial.

3. Skipping the smoke and CO detectors. Section 92.255 requires working smoke detectors and gives the tenant a private right of action if you fail the duty. Test them in the tenant's presence, write the date on the form, and photograph the green light.

4. Relying only on a signed form with no photos. A form says "walls: good." A photo shows the wall. Judges weigh photos heavily. Forms alone are weak.

5. Losing the chain of custody. Dumping 200 photos into your phone's camera roll and hoping to find them 18 months later is how cases collapse. Create a folder per property per tenancy the day they move in. Back it up to cloud storage. Keep the move-in set untouched.

6. Charging for carpet replacement when the carpet was already 6 years old. Depreciation matters. If you replace a fully depreciated carpet on the tenant's dime, you're asking for a § 92.109 finding. Pro-rate or don't charge.

When it ends up in JP court

Bexar County has four JP precincts, each with a court handling small-claims and eviction matters. Security-deposit suits fit within Justice Court jurisdiction (up to $20,000). Filing is typically through eFileTexas; the filing fee is modest, and the tenant will often file pro se.

At the hearing — usually 30–60 days after filing — you will have maybe 10–15 minutes. Bring:

• The signed lease and the signed move-in condition form
• A printed set of the most damning comparison photos (move-in vs. move-out, same angle, labeled)
• The itemized deduction letter you sent within 30 days, with proof of mailing to the tenant's last known or forwarding address
• Receipts or invoices for actual repair costs
• Depreciation schedule for any item over 3 years old

If you have all of that and your move-in documentation is thorough, you win most of the time. If you are missing the itemized letter or the move-in photos, expect to lose and pay trebled damages plus the tenant's attorney's fees.

Build the habit before your first tenant

The landlords who don't get sued for deposits are not luckier. They spent two hours on move-in day doing something boring and thorough, and it paid off 14 months later when they had receipts. Do it once, save the template, and every future tenancy gets faster.

If you are still lining up your first tenant, list the unit free on RentInSA at /list-your-home, or browse /resources for more landlord-side guides on Texas lease drafting, screening, and the first-year operating checklist.