How to sue your landlord for your security deposit in Texas

Court

Justice Court (small claims case), in each county's justice of the peace precincts

Limit

Up to $20,000.

Filing fee

Set by each county, plus a fee to serve the landlord. Check your county's justice court website for the current amount; you can ask to file without paying if you can't afford it.

Where to file

Under Rule 502.4, in the county and precinct where the landlord lives, where most of what the claim is about happened, or where the lease was to be performed. Many counties ask you to pick the precinct on their website.

Lawyers

You can represent yourself or hire a lawyer. A company can appear through an employee, owner or officer. If you win, the deposit statute also lets you recover attorney's fees.

• Make sure the landlord has your forwarding address in writing, and count 30 days from the later of move-out and that date.
• Ask in writing first, by Certified Mail, so you have proof.

Not sure of the dates? Check the rules in our Texas security deposit law guide.

A landlord who in bad faith keeps a deposit is liable for $100, plus three times the portion wrongfully withheld, plus reasonable attorney's fees (Prop. Code § 92.109(a)).

For example, if a landlord kept all of a $1,800 deposit, the most a court could award under the statute is about $5,500, if it finds the landlord acted in bad faith. Courts decide penalties on the facts, so ask for what the statute allows and be ready to explain why it applies.

Everything you claim, penalties included, has to fit under the court's limit, or you give up the excess by filing there.

1. Find the right precinct. Use the county justice court site to find the precinct for the landlord's address or the rental.
2. File a small claims petition. Use the court's petition form, with the landlord's correct legal name. For a company, find its registered agent with the Texas Secretary of State.
3. Pay the fee and request service. The constable or a private process server delivers the papers to the landlord.
4. Prepare your evidence. Bring copies of everything for the judge and the landlord.
5. Go to the hearing. Explain the dates, the amount, whether you got an itemized list, and why each deduction isn't valid. Point out that the landlord must prove each deduction was reasonable (§ 92.109(c)).

If the landlord neither refunded nor itemized by day 30, the law presumes bad faith (§ 92.109(d)), and a court can award $100 plus three times what was wrongfully withheld, plus attorney's fees.

• Your lease
• Proof of the deposit
• Your written forwarding address and proof of when you sent it
• Move-in and move-out photos
• Any itemized list and its postmark
• Your demand letter and Certified Mail receipt

Put everything in date order. Judges hear many cases a day, and a clear timeline is the most persuasive thing you can bring.

Each of these has a self-help center or clerk who can explain local filing. Search the court's name plus “small claims” for its current forms and fees.

• Harris County Justice Courts (Houston)
• Dallas County Justice Courts
• Travis County Justice Courts (Austin)
• Bexar County Justice Courts (San Antonio)
• Tarrant County Justice Courts (Fort Worth)
• Collin County Justice Courts