Suing for a Deposit in Texas: $20,000 JP Limit and 3x Penalty

By Steve Levine · Updated November 3, 2026

Short answer: A Texas security deposit lawsuit is usually filed as a small claims case in the justice of the peace court, which hears money claims up to $20,000 under Tex. Gov’t Code § 27.031. If the landlord kept your deposit in bad faith, Tex. Prop. Code § 92.109 lets you recover $100, plus three times the amount wrongfully withheld, plus reasonable attorney’s fees.

Texas is one of the few states where the burden of proof flips to the landlord once you sue. Section 92.109(c) says the landlord has to prove that keeping any part of the deposit was reasonable. That single rule shapes how you prepare, what you bring to the hearing, and why many landlords settle once a petition is on file.

Texas Deposit Suit at a Glance

Rule	Texas	Statute
Refund deadline	On or before the 30th day after you surrender the premises	Prop. Code § 92.103(a)
Forwarding address	Landlord need not refund or itemize until you give one in writing	Prop. Code § 92.107
Bad-faith penalty	$100 + 3x the amount wrongfully withheld + attorney’s fees	Prop. Code § 92.109(a)
Missed 30-day deadline	Landlord presumed to have acted in bad faith	Prop. Code § 92.109(d)
Court and limit	Justice court, up to $20,000 excluding interest	Gov’t Code § 27.031(a)(1)
Appeal window	21 days after judgment is signed	Tex. R. Civ. P. 506.1

Before You File: The Forwarding Address Matters More Than a Demand Letter

Texas law does not require a formal demand letter before you sue over a deposit. What it does require is a written forwarding address, a point the Texas Attorney General’s renters’ rights page also stresses. Under § 92.107(a), the landlord has no duty to refund the money or send a list of deductions until you give a written statement of where to send the refund. Section 92.107(b) adds that you do not lose the deposit just because you forgot, but the 30-day clock in practice keys off that letter.

A short written demand is still smart. It shows the judge you gave the landlord a fair chance, and it often ends the dispute. Our security deposit demand letter guide walks through what to include. In Texas, quote § 92.109 by number, state the amount, and give a firm date. Keep a copy and proof of mailing.

One timing detail helps you: § 92.1041 treats the landlord as having refunded or accounted on time if the envelope is postmarked by the deadline. So when you count days, use the postmark, not the day the letter reached your mailbox.

Which Court Hears a Texas Security Deposit Lawsuit

Justice courts have original jurisdiction over civil matters where the amount in controversy is not more than $20,000, exclusive of interest, under Gov’t Code § 27.031(a)(1). The Texas Rules of Civil Procedure define a small claims case as one for no more than $20,000, excluding statutory interest and court costs but including attorney fees. Because fees count toward the cap, a large bad-faith claim with a lawyer’s bill attached could push past the limit.

Venue rules in the same justice court rules generally let you sue in the county and precinct where the landlord lives or where the events behind the claim happened. For most tenants, that means the precinct where the rental sits. An individual may represent himself or herself, so you do not need a lawyer to file.

Filing fees

Texas justice courts post their own fee schedules, and the court costs you pay at filing vary by county because service charges differ. Dallas County’s JP Court 1-1 lists a $54 small claims filing fee (or $134 with in-county service), a $5 abstract of judgment and a $64 appeal filing fee. Tarrant County Justice Court 5 lists a $54 filing fee plus $75 per defendant for constable service in the county. Call your own precinct before you file. If you cannot afford costs, the rules allow a Statement of Inability to Afford Payment of Court Costs.

What You Can Recover Under § 92.109

The penalty depends on what the landlord did wrong:

Bad-faith retention. $100, plus three times the portion wrongfully withheld, plus your reasonable attorney’s fees (§ 92.109(a)).
Bad-faith failure to itemize. The landlord forfeits the right to withhold any of the deposit and the right to sue you for damage to the premises, and owes your attorney’s fees (§ 92.109(b)).
Missing the 30-day mark. If the landlord neither refunds nor itemizes on or before the 30th day after you surrender possession, bad faith is presumed (§ 92.109(d)).

The landlord can still rebut that presumption, for example by showing you never gave a forwarding address. Normal wear and tear is never a lawful deduction under § 92.104(b); see our wear-and-tear explainer for examples.

Evidence That Carries a Texas Deposit Case

Because § 92.109(c) puts the burden on the landlord, your job is mainly to show the basics clearly and let the landlord try to justify each deduction. Bring:

The lease, with any clause about advance notice of move-out. Under § 92.103(b), such a clause only binds you if it was underlined or in conspicuous bold print.
Proof of the deposit amount: receipt, bank record or lease language.
Your dated, written forwarding address and proof of delivery.
Move-in and move-out photos or video, ideally time-stamped.
The itemized list, if any, plus the envelope showing the postmark date.
Any repair invoices you asked for and did or did not receive.

Do not skip the last month’s rent and tell the landlord to use the deposit. Section 92.108 presumes a tenant who does that acted in bad faith and exposes you to three times the rent withheld plus the landlord’s attorney’s fees.

Worked Example: A Houston Renter Sues

Danielle rents a one-bedroom in Houston and paid a $1,400 deposit. She turns in her keys on May 31, 2026, and hands the manager a signed note with her new address the same day. The 30th day after surrender is June 30, 2026. By July 10 she has received neither money nor an itemized list.

Under § 92.109(d), the landlord is presumed to have acted in bad faith. If the court finds the entire $1,400 was wrongfully withheld, the § 92.109(a) formula is $100 plus three times $1,400 ($4,200), or $4,300, plus her reasonable attorney’s fees if she hired a lawyer. That is well under the $20,000 justice court ceiling. She files in the precinct where the apartment is located, pays the filing fee and service cost posted by that court, and brings her note, photos and lease to the hearing.

The Hearing, Judgment and Collecting in Texas

At trial, the judge hears both sides, reviews documents and rules. If you win and the landlord does not pay, Texas Rule of Civil Procedure 621 says justice court judgments are enforced by execution or other appropriate process, with the writ returnable in 30, 60 or 90 days as you request. Rule 621a lets you use discovery after judgment to find the landlord’s assets, as long as the judgment has not gone dormant. Courts also issue an abstract of judgment on request; Dallas County’s JP 1-1 charges $5 for one.

Either side can appeal within 21 days after the judgment is signed. Under Rule 506.1, a plaintiff appeals with a $500 bond, and a defendant must post a bond equal to twice the judgment. That cost discourages many landlords from appealing a small award.

The deposit subchapter itself does not set a filing deadline, so do not wait. Memories fade, photos get lost, and landlords sell buildings. If ownership changes, § 92.105 makes the new owner liable for returning deposits from the date title was acquired.

Frequently Asked Questions

Does the Texas deposit clock start if I never gave a forwarding address?

The 30-day refund duty in § 92.103 is tied to the forwarding address rule in § 92.107. Until you give the landlord a written forwarding address, the landlord is not obligated to refund or itemize. Send one in writing as soon as possible and keep proof.

Can I sue for more than three times the deposit in justice court?

Only if the total stays at or below $20,000. The small claims definition counts attorney fees toward that cap but excludes statutory interest and court costs. A bigger claim belongs in county or district court.

My landlord mailed the list on day 30 and I got it on day 34. Is that late?

No. Section 92.1041 presumes the landlord made the refund or accounting on time if it was postmarked on or before the deadline. Keep the envelope as evidence of the postmark date.

What if the landlord sold the building after I moved in?

The new owner becomes liable for returning deposits under § 92.105 from the date title transferred. Name the current owner in your petition, and include the former owner if you are unsure who held the money.

Can I appeal if I lose?

Yes. Rule 506.1 gives you 21 days after the judgment is signed to file a $500 bond, a cash deposit, or a Statement of Inability to Afford Payment of Court Costs. Under Rule 506.3 the case is then tried de novo in county court, as if there had been no earlier trial.

This article explains Texas law in general terms and is not legal advice. For help with your own case, use LSC’s get legal help finder. Your next step: send the landlord your forwarding address and a dated demand citing § 92.109, then download the petition from your precinct’s justice court if the 30th day passes. For the underlying deposit rules, read our Texas security deposit law guide, compare other states on the deposit lawsuit hub, or see the general small claims walkthrough.

Sources

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