Rosalie Graf Schneider v. Charles Whatley and Virginia Whatley, 535 S.W.3d 236

Whatleys leased Schneider’s house (security deposit $2,650). They gave notice to vacate June 30, 2013; Schneider’s new tenant moved in July 1, 2013.
Schneider sent a July 10, 2013 itemization of repairs (estimates totaling $3,142.56) and retained the deposit, claiming $492.56 owed after applying the deposit.
Whatleys disputed the deductions, claimed many changes were improvements made with Schneider’s permission, and demanded refund and receipts under the Property Code.
Justice court entered judgment for Whatleys; Schneider appealed; county court held a de novo bench trial, allowed certain deductions ($660 total) but found Schneider wrongfully withheld $1,990 and assessed statutory damages ($100 + 3× $1,990) plus $3,000 attorneys’ fees.
Trial court’s written findings did not explicitly state Schneider acted in bad faith, but the court implicitly found wrongful withholding; Schneider did not request additional findings on bad faith.

Issue	Plaintiff's Argument (Whatley)	Defendant's Argument (Schneider)	Held
Whether evidence legally supports a finding that landlord acted in bad faith under Tex. Prop. Code § 92.109(a)	Schneider’s retention and claimed repair costs, contradicted communications showing she accepted improvements, show dishonest disregard/intent to deprive refund	No evidence of bad faith; Schneider timely provided an itemization within 30 days so statutory presumption of bad faith does not apply; retention was based on estimates of repairs	Affirmed. Evidence and surrounding circumstances support an implied finding of bad faith; omission of an express finding was cured by deemed finding because defendant failed to request additional findings

Ford Motor Co. v. Castillo, 444 S.W.3d 616 (Tex. 2014) (legal‑sufficiency review standards)
Cent. Ready Mix Concrete Co. v. Islas, 228 S.W.3d 649 (Tex. 2007) (consider evidence favorable to the finding)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for reviewing factual sufficiency and evidentiary weight)
Johnson v. Waters at Elm Creek, L.L.C., 416 S.W.3d 42 (Tex.App.—San Antonio 2013) (definition of landlord bad faith under § 92.109)
Shamoun v. Shough, 377 S.W.3d 63 (Tex.App.—Dallas 2012) (intent to deprive is not established merely by retention past 30 days)
Pulley v. Milberger, 198 S.W.3d 418 (Tex.App.—Dallas 2006) (measure of damages for non‑permanent rental damages)
A.B. Inv. Corp. v. Dorman, 604 S.W.2d 506 (Tex.Civ.App.—Dallas 1980) (intent and wrongful retention principles)
Lemus v. Aguilar, 491 S.W.3d 51 (Tex.App.—San Antonio 2016) (bench‑trial fact‑finder credibility and weighing of testimony)