If a landlord withholds money from your security deposit, do they have to spend it to make repairs?

[gervaso81]

I moved into a rent house yesterday and noticed a couple of holes in the wall in my bedroom. They were not there when my roommates and I had previously looked at the property. The holes are about 2 inches in diameter, but not too deep. My landlord withheld part of the previous tenant's security deposit, but when I asked if she was going to repair the holes in my wall she said she would not. I live in Texas and have read the property code, but I can't find anything about what the landlord must do with the money they withhold. Do I have any rights as the new tenant?

[oakley]

No.

[jorian23]

no. just move out.

[toryn34]

No they do not. They can withhold the value of the damage, that makes them whole. Whether or not they do the repairs is a separate issue.

Hole in the wall as you describe it would be cosmetic, and the LL would have no obligation to fix the issue.

[gofraidh34]

You have no rights to demand that your landlord repair the holes. Your landlord charged the previous tenants for damages incurred. That has NOTHING to do with your tenancy agreement. If you did not like those holes, it is incumbent on YOU to demand that they be repaired prior to your occupancy.