Security Deposit Dispute in Texas: Small Claims Court Process
This page describes the small claims court process for security deposit disputes in Texas. Texas Property Code Section 92.103 requires landlords to return security deposits within 30 days of a tenant's move-out. If your landlord has not returned your deposit or has made deductions you believe are improper, Texas Justice Court (small claims court) allows tenants to pursue this claim without an attorney. This page is informational — it describes the process and what Texas law states. It is not legal advice.
Common Situations
- A landlord did not return the deposit within 30 days of move-out and provided no written explanation
- A landlord returned only part of the deposit without providing a written itemized list of deductions
- Deductions were made for normal wear and tear, which Texas Property Code does not permit
- A landlord claimed damage that existed before the tenant moved in
- A landlord deducted amounts that exceed the actual cost of repairs
- A landlord has not responded to written requests for the deposit or an itemized statement
Your Options
Send a demand letter
A formal written demand to the landlord requesting return of the deposit or a proper itemized statement. Sending a demand letter documents your claim and gives the landlord a deadline before court action.
Flash Justice: Flash Justice provides a free demand letter template for security deposit disputes.
File in Texas small claims court
Texas Justice Court (JP Court) handles landlord-tenant disputes up to $20,000. File in the county where the rental property is located. No attorney is required.
Flash Justice: Flash Justice prepares your JP Court petition and supporting documentation package so you can file at your local courthouse.
Consult a tenant rights organization
Several Texas nonprofit organizations provide free or low-cost guidance on tenant rights, including Lone Star Legal Aid and Texas RioGrande Legal Aid. These organizations do not file your case but may provide guidance on your options.
Flash Justice: Flash Justice does not provide legal advice — for legal guidance, these organizations can help.
Documentation Courts Typically Request
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Flash Justice helps you prepare your Texas small claims court petition and documentation package.
The Filing Process
Texas Legal Context
Texas Property Code Section 92.103 requires landlords to return security deposits within 30 days after a tenant surrenders the property. Section 92.104 permits deductions only for unpaid rent and damages beyond normal wear and tear. Section 92.109 provides that a landlord who acts in bad faith may be liable for $100, three times the amount wrongfully withheld, and the tenant's attorney's fees.
Texas Justice Court handles civil disputes up to $20,000 (excluding statutory interest and court costs).
Security deposit claims in Texas are contract-based and are generally subject to a 4-year statute of limitations under Texas Civil Practice & Remedies Code Section 16.004, running from the date the cause of action accrued. This is a general reference — consult official Texas courts resources or a licensed attorney.
File in the Justice Court (JP Court) in the county where the rental property is located. Find your county's JP Court at txcourts.gov.
Important Notes
- Texas small claims court is called Justice Court or JP Court — file in the county where the rental property is located, not where you currently live.
- Bring organized, tabbed copies of all evidence to the hearing — original documents and copies for the judge.
- The 30-day clock starts when you surrender the property (return keys), not when your lease ends.
- Flash Justice helps prepare your court filing — the judge makes all legal determinations.
Frequently Asked Questions
Ready to File Your Claim?
Flash Justice helps you prepare your Texas small claims court petition and documentation package — so you can file at your local Justice Court with everything in order.
This guide is for general informational purposes only and does not constitute legal advice. Flash Justice is not a law firm and does not provide legal representation. The information on this page reflects general Texas small claims court procedures and may not apply to your specific situation. For legal advice about your case, consult a licensed Texas attorney.