Texas Justice Court
Security Deposit Disputes
Texas landlords generally must refund a residential security deposit or send an itemized deduction list within 30 days after surrender — but the clock usually waits for your written forwarding address.
Legal information only: This site provides legal information for Texas Justice Court users. It is not legal advice, does not create an attorney-client relationship, and does not replace advice from a licensed Texas attorney or instructions from your court. County and precinct practices vary. Filing methods, local forms, service fees, court closures, and clerk procedures can change. Always verify details with the correct Justice of the Peace court before filing or relying on a deadline.
Important
- Deductions may not include normal wear and tear, but what counts as wear and tear is fact-specific.
- Statutory penalties for bad-faith retention depend on facts and proof. This page explains vocabulary, not the strength of your case.
Step-by-Step Starting Point
- 1Give the landlord your forwarding address in writing and keep proof.
- 2Count 30 days from surrender of the premises (and delivery of the forwarding address).
- 3Compare any itemized deduction list against your move-out photos and the lease.
- 4Send a written demand letter citing Property Code Chapter 92, Subchapter C.
- 5If unresolved, a small claims case in Justice Court is the usual lane.
The 30-day machine
Texas Property Code Sections 92.103 and 92.104 set the baseline: refund on or before the 30th day after surrender, with a written itemized deduction list if anything is withheld. Section 92.107 makes the written forwarding address a practical prerequisite.
Section 92.109 gives teeth to the rule: a landlord who retains a deposit in bad faith may owe $100 plus three times the wrongfully withheld amount plus reasonable attorney fees, and a landlord who fails to provide a required itemized list may forfeit the right to withhold.
Evidence that decides these cases
Move-in and move-out condition forms, dated photos taken the day you left, the lease pages about deposits and cleaning, rent payment history, and the deduction list itself.
Repair-cost deductions should be supported by the landlord. Vague "cleaning and damages" line items invite scrutiny.
Templates & kits for this task
Demand Letter Pack
$19Four Texas-specific demand letters plus sending instructions.
Full Texas Small Claims Starter Kit
$49Every template and guide, from first demand letter to collecting a judgment.
Self-help templates, not legal advice. County court forms always come first when your JP court publishes one.