Texas Security Deposit Small Claims: How to Sue Your Landlord for a Withheld Deposit

After you surrender the property and give your forwarding address in writing, your landlord generally has 30 days to return your security deposit or send an itemized deduction list. If that deadline passes, Texas Property Code Chapter 92 gives you leverage most tenants never use — for bad-faith retention, you can seek $100 plus three times the amount wrongfully withheld, and reasonable attorney fees if you hire a lawyer.

What the Law Actually Requires of Your Landlord

Under Texas Property Code § 92.103, the clock starts ticking when two things happen: you surrender the property and provide your forwarding address in writing. Your landlord then has 30 calendar days to either return the full deposit or send you an itemized list of deductions with the remaining balance.

The forwarding address requirement is critical. If you never gave one in writing, the 30-day window never officially starts. Before you do anything else, confirm that you provided it. A text message or email counts — it just needs to be written and traceable.

§ 92.104 limits what landlords can legally deduct: unpaid rent, damage beyond normal wear and tear, and breach of lease. Routine wear — scuffed floors, faded paint, minor carpet wear from normal use — is not deductible. A landlord who deducts for repainting walls you lived with for three years is overreaching.

When You Can Claim Treble Damages

Texas Property Code § 92.109 provides different remedies for bad-faith retention and failure to itemize:

• Bad-faith retention (§ 92.109(a)): $100 plus three times the portion wrongfully withheld, and reasonable attorney fees.
• Bad-faith failure to itemize (§ 92.109(b)): The landlord forfeits the right to withhold any portion of the deposit or sue for damages, and is liable for reasonable attorney fees in a suit to recover the deposit.

Bad faith does not require malicious intent. If the landlord fails to return the deposit or provide an itemized list by the 30th day after surrender, the statute presumes bad faith. In a dispute over deductions, the landlord has the burden to prove that retaining the deposit was reasonable.

Writing the Demand Letter

Send a formal demand letter before filing suit. While not always legally required for a general deposit return, it establishes your paper trail and signals that you understand the statutory framework.

Your demand letter should:

• Reference Texas Property Code § 92.109 specifically
• State the amount of the deposit
• List any deductions you dispute and explain why
• Set a deadline for response (10 days is standard practice)
• Note that you will file suit seeking treble damages if the deposit is not returned

Send it by certified mail, return receipt requested. Keep a copy of the letter, the mailing receipt, and the delivery confirmation.

Filing the Small Claims Petition

If the demand produces no result, file a Small Claims Petition in the Justice of the Peace court. File in the precinct where the rental property is located — that is proper venue for security deposit disputes under TRCP 502.4.

You will need:

• The landlord's full legal name (or the property management company's registered name — check SOSDirect if they operate as an LLC)
• The rental property address
• The amount you are claiming (deposit plus treble damages plus the $100 penalty, up to the $20,000 Justice Court cap)
• Your forwarding address delivery date and the date the 30-day window expired

Filing fees run $54 in most counties, plus constable service fees of $65–$100 depending on the county. If you cannot afford the fees, file a Statement of Inability to Afford Payment of Court Costs under TRCP 502.3.

Preparing Your Evidence

Security deposit cases are heavily document-driven. Print and organize:

• Your lease agreement showing the deposit amount
• Proof you provided a written forwarding address (email, text screenshot, certified mail receipt)
• Your landlord's deduction list (if they sent one)
• Move-in and move-out photos showing the property's condition
• Any communication with the landlord about the deposit
• A calendar showing the 30-day deadline and when it expired

Judges in Texas Justice Courts require physical copies of all evidence — you cannot show documents from your phone screen during the hearing. Prepare three sets: one for the judge, one for the opposing party, and one for yourself.

What to Expect at the Hearing

Security deposit hearings are typically straightforward. The judge will want to see that you surrendered the property, provided a forwarding address, and that the 30-day window expired without a proper response. If your landlord made deductions, the burden shifts to them to prove those deductions were legitimate.

Bring your evidence organized chronologically. The judge may ask you directly about the timeline — when you moved out, when you gave the forwarding address, what response you received. Keep your answers factual and specific.

If the landlord does not appear, you can request a default judgment. You will still need to present evidence supporting your damages, particularly if you are claiming treble damages rather than just the deposit amount.

The Texas Small Claims Filing Guide walks through the entire process — from drafting your demand letter through preparing your hearing evidence binder — with worksheets and deadline tracking built in.

See more Texas guides →