Landlord-Tenant Small Claims in Texas: Defendant Guide

How Landlord-Tenant Disputes End Up in Justice Court

Most non-eviction landlord-tenant claims in Texas fall into three buckets: a tenant suing a landlord for a withheld security deposit, a landlord suing a tenant for unpaid rent or property damage beyond the deposit, or a dispute over repair obligations under the Texas Property Code. These claims can go to Justice Court when the amount is $20,000 or less. Eviction cases follow a separate, accelerated process under TRCP Rule 510.

For a non-eviction small-claims money case, a defendant has 14 calendar days to file a written answer. Repair-and-remedy cases follow a separate process under TRCP Rule 509, with the appearance date on the citation serving as the trial date. In most eviction cases, a written answer is optional before trial; the tenant must attend the hearing or risk losing the case. The appeal deadline in an eviction case is 5 days. Missing the 14-day deadline in a small-claims money case means the judge can enter a default judgment against you without a hearing.

If You Are a Landlord Being Sued

Security Deposit Claims

Texas Property Code § 92.103 requires landlords to refund a tenant's security deposit within 30 days after surrender, subject to § 92.107. If the landlord keeps any of the deposit, § 92.104 generally requires returning the balance with a written description and itemized list of deductions by that deadline. Under § 92.109, a landlord who in bad faith retains a deposit can owe $100, three times the portion wrongfully withheld, and reasonable attorney's fees. A bad-faith failure to provide a required accounting forfeits the right to withhold any part of the deposit or sue for property damage and can carry reasonable attorney's fees.

Your defense depends on your documentation. Bring these to the hearing:

• The lease agreement (showing the deposit amount and any deduction provisions)
• Move-in and move-out inspection reports with photos
• Receipts or invoices for repairs you deducted
• A copy of the itemized deduction letter you mailed (with proof of mailing if possible)
• Evidence that the tenant did not provide a written forwarding address (the landlord's refund and accounting duty does not begin until it is provided)

If you made legitimate deductions but failed to provide the required itemized accounting by the deadline, the landlord may lose the right to retain any part of the deposit or sue for property damage; reasonable attorney's fees may also be awarded. Section 92.109(d) presumes bad faith when the landlord fails to return or account for the deposit by day 30, subject to the forwarding-address rule.

Unpaid Rent and Damage Claims from Tenants

If a former tenant sues you for overcharging on a final statement or applying the deposit to fictional damages, your itemized records are the core of your defense. Dated photographs, contractor invoices, and the lease clause authorizing the deductions do the heavy lifting.

If You Are a Tenant Being Sued

Unpaid Rent

A landlord suing for unpaid rent needs to prove the lease existed, the rent amount, and that you failed to pay. Common defenses include:

• Constructive eviction — conditions so severe you were forced to leave (no heat, no water, mold)
• Rent withholding under Property Code § 92.0561 — if you followed the repair-and-deduct procedure correctly and the landlord is now claiming you underpaid
• Incorrect accounting — the landlord applied your last month's rent or deposit incorrectly

Bring your lease, all rent payment records (bank statements, money order receipts, Venmo/Zelle screenshots), any written communication about habitability problems, and photographs of the unit's condition.

Property Damage Beyond the Deposit

Landlords can sue for damage exceeding the security deposit. The distinction between normal wear and tear (not the tenant's liability) and tenant-caused damage (the tenant's liability) is where most hearings hinge. Texas Property Code § 92.001(4) defines "normal wear and tear" as deterioration from intended use, including age-related breakage or malfunction, but excludes deterioration caused by the tenant's negligence, carelessness, accident, or abuse. Judges apply that definition to the evidence, including the item's age and the length of the tenancy.

Faded paint after a four-year tenancy is wear. A hole punched through a wall is damage. Carpet stains from a three-year occupancy fall into a gray area where photographs and replacement receipts matter.

Filing Your Answer

For non-eviction small-claims money cases, whether you are the landlord or the tenant, file a general denial within 14 days of being served. That single sentence — "Defendant denies generally each and every allegation" — puts the burden of proof on the other side.

If you have a counterclaim (the tenant sues for the deposit, and you have a damage claim exceeding it, or vice versa), you can file a counterclaim up to $20,000 along with your answer. A counterclaim has its own filing fee unless you qualify for a fee waiver.

Preparing for the Hearing

Landlord-tenant cases are document-heavy. Organize your evidence chronologically and make copies for the judge and the other side. The judge will want to see the lease, any relevant Property Code notices, financial records, and photographs.

If the other party's witness (a property manager, a roommate) has key testimony, you may need to subpoena them to ensure they appear.

The Responding to a Small Claims Case in Texas guide walks you through the full response process — from reading the citation through the hearing and post-decision options — with a deadline tracker and evidence organization checklist.

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