Texas Small Claims Court Guide

Texas Quick Facts

How to File in Texas Justice Court

Texas handles small claims through its Justice Court system — formerly known as Justice of the Peace Courts. With a $20,000 limit (second highest in the nation), the court can handle virtually any security deposit dispute. Texas also has one of the strongest penalty structures: if a landlord acts in bad faith, you can recover 3× the wrongfully withheld amount, plus a flat $100, plus reasonable attorney fees. That combination makes Texas one of the best states for tenants pursuing deposit claims.

1. Assemble your evidenceGather your lease, deposit receipt, move-in and move-out photos, your written demand for the deposit return, and all communication with the landlord. Texas requires you to provide a forwarding address in writing — make sure you can prove you did this, as it triggers the 30-day clock.
2. Find the correct Justice Court precinctFile in the precinct where the rental property is located or where the landlord resides. Texas counties are divided into precincts, each with its own Justice Court. Check the county's website or call the county clerk to find the right precinct for your case.
3. Complete the petitionFill out the Small Claims Petition form (available at the court or online for many counties). State the amount you're claiming — include the deposit, the 3× penalty, the $100 statutory amount, and attorney fees if applicable. Reference Tex. Prop. Code § 92.109 and describe the landlord's bad faith.
4. Pay the filing fee & serve the defendantPay the filing fee ($31–$92 based on claim amount). The court will issue a citation. Service is typically handled by a constable or private process server ($75–$150). Certified mail is also an option in some precincts. Ensure the return of service is filed before your hearing.
5. Present your case at the hearingHearings are typically scheduled within 30–60 days. The Justice of the Peace conducts an informal trial. Present your evidence chronologically: the lease, the deposit paid, the move-out condition, your forwarding address notice, the 30-day deadline, and the landlord's failure to comply. The judge usually rules the same day.

Texas Filing Fees

Texas uses a four-tier fee structure. The fees are $31, $46, $62, and $92 depending on the claim amount, scaling up toward the $20,000 limit. Constable service fees add $75–$150 per defendant. Some precincts also charge a small technology fee.

Fee waivers are available through a Statement of Inability to Afford Payment of Court Costs (Form OCA-CIV-003). If you win, the court will typically order the landlord to reimburse your filing fees, service costs, and reasonable attorney fees under Tex. Prop. Code § 92.109.

What You Can Sue For

• Security deposits — Landlord failed to return your deposit within 30 days or acted in bad faith under Tex. Prop. Code § 92.109 (3× penalty + $100 + attorney fees)
• Habitability issues — Landlord failed to make repairs affecting health or safety after proper notice under Tex. Prop. Code § 92.056
• Property damage — Damage to your personal property caused by the landlord's negligence or failure to maintain the premises
• Breach of lease — Landlord failed to honor lease terms, provide agreed-upon services, or return prepaid rent

Frequently Asked Questions