Recover Your Security
Deposit in Harris County.
Texas law gives Houston-area renters real tools to fight back against unlawful deductions. This guide explains your rights, the Harris County filing process, and what it costs to start — so you can move forward with confidence.
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At a Glance
The four rules that matter most
30-Day Deadline
Your landlord generally must return your deposit — or send an itemized list of deductions — within 30 days of move-out.
Itemized Deductions
If any amount is withheld, the landlord must provide a written, itemized list of every deduction. A vague 'cleaning fee' is not sufficient.
Normal Wear and Tear
Landlords cannot charge for normal wear and tear — faded paint, minor scuffs, or carpet worn from regular use.
Bad-Faith Penalty
If a court finds bad faith, you may be able to recover $100, three times the wrongfully withheld amount, and reasonable attorney's fees.
This page provides legal information and self-help guidance, not legal advice. Every situation is different. If your case is complex or involves a large amount, consider consulting a licensed Texas attorney.
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If You're in Houston, Confirm Your County First
Houston is large — and it spans multiple counties. Many renters searching for "Houston security deposit" are actually in Fort Bend County, Montgomery County, Galveston County, Brazoria County, or Waller County — not Harris County. The county your rental property sits in determines which Justice of the Peace Court you file in.
Before relying on the Harris County filing instructions below, confirm that your rental address is actually in Harris County. You can do this through the Harris County Appraisal District property search at hcad.org or by checking your lease for the county designation.
Texas Property Code § 92
Texas Security Deposit Rules
These rules apply uniformly across every Texas county, including Harris. Understanding them is the foundation of any deposit dispute.
The 30-Day Deadline
§ 92.103Your landlord generally must return your security deposit — or send an itemized written statement of deductions — within 30 days after you surrender the premises. Missing this deadline creates a presumption of bad faith under Texas law, which can significantly strengthen your position.
Itemized Deductions Required
§ 92.104If your landlord keeps any portion of your deposit, they must provide a written description and itemized list of each deduction. A single line like "cleaning: $300" without specifics may not satisfy this requirement. Failing to itemize by day 30 also creates a presumption of bad faith.
Normal Wear and Tear Is Not Chargeable
§ 92.104Landlords may not deduct for normal wear and tear — the gradual deterioration that results from ordinary use. Faded paint, minor scuffs on walls, worn carpet from regular foot traffic, and small nail holes from hanging pictures are typically considered normal wear and tear. Damage beyond that — such as large holes, burns, or stains — may be legitimately chargeable.
Forwarding Address — Preserve Your Proof
§ 92.107Under Texas Property Code § 92.107, a landlord's obligation to return the deposit is generally triggered after the tenant surrenders the premises and provides a written forwarding address. Providing that address in writing — by text, email, or written notice — and keeping proof of it matters for your timeline.
Note: Failing to provide a written forwarding address does not automatically forfeit your rights, but it can affect when the landlord's 30-day clock starts and may complicate your case. Document how and when you provided your address.
Bad-Faith Penalty: Up to 3× + $100
§ 92.109If a court finds that your landlord acted in bad faith in withholding your deposit, you may be entitled to recover $100, three times the amount wrongfully withheld, and reasonable attorney's fees. This penalty is not automatic — it requires a court finding of bad faith. However, failing to return the deposit or itemize by day 30 creates a presumption of bad faith that your landlord would need to rebut.
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Harris County Court System
Where to File in Harris County
Security deposit money-damages cases in Harris County are generally handled in Justice Court — also called Justice of the Peace (JP) Court.
Justice of the Peace Court
A security deposit money-damages case in Harris County would generally be handled in Justice Court (Justice of the Peace Court) if the amount in dispute is within the $20,000 cap. This is the appropriate venue for most deposit disputes.
JP Court is designed for self-represented litigants. You do not need an attorney to file or appear.
8 JP Precincts, Up to 16 Locations
Harris County has eight Justice of the Peace precincts, many with two court locations (Place 1 and Place 2). For non-eviction civil money claims, the rules for which precinct applies can be nuanced. Use the official precinct finder to confirm the correct court for your rental property address before you file.
Confirm your precinct before filing. Use the Harris County precinct finder to identify the correct court for your rental address. Filing in the wrong precinct can delay your case.
Official Harris County Resources
Harris County JP Precincts
Each precinct has its own court location(s) and may have precinct-specific forms. Confirm the correct precinct using the official precinct finder before you file.
7300 North Shepherd, Houston, TX 77091
(713) 274-0695
1302 Preston, Rm 203, Houston, TX 77002
10851 Scarsdale, Ste 500, Houston, TX 77089
(281) 481-9630
107 East Shaw, Pasadena, TX 77506
14350 Wallisville Rd, Houston, TX 77015
(713) 274-0760
701 W. Baker Rd, Baytown, TX 77521
6831 Cypresswood Dr, Ste 4, Spring, TX 77379
6000 Chimney Rock, Ste 102, Houston, TX 77081
16715 Clay Rd, Houston, TX 77084
(713) 274-0800
1001 Macario-Garcia Dr, Houston, TX 77011
5737 Cullen Blvd, Houston, TX 77021
(713) 274-1499
5300 Griggs Rd, 2nd Floor, Houston, TX 77021
7330 Spencer Hwy, Pasadena, TX 77505
(281) 479-6900
16603 Buccaneer, Houston, TX 77062
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Harris County Fees
Harris County Filing Costs
Filing in Justice Court is significantly less expensive than hiring an attorney. Harris County fees are among the more affordable in Texas.
Typical Starting Costs
Based on Harris County Justice Courts Civil Filing Fees (January 2025)
Filing Fee — Small Claims
To initiate a small claims case
Filing Fee — Regular Civil
If filed as a regular civil case instead of small claims
Service Fee (1 defendant)
To serve the defendant with notice of the suit
Typical Starting Total
$34 + $75 (small claims) or $49 + $75 (regular civil)
Additional parties, alternative service methods, or other circumstances may affect total costs. Fee schedules can change — verify current amounts with the Harris County Justice Court before filing. These figures reflect the January 2025 published schedule.
Context: Harris County is actually cheaper to file in than many Texas counties. If your landlord is found to have acted in bad faith, you may be able to recover your filing costs as part of your damages. A $109–$124 filing investment to pursue a $1,200 deposit — or potentially up to 3× that amount — is a meaningful asymmetry in your favor.
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Filing Resources
Forms and Filing Tools
Harris County and the Texas court system offer several resources to help self-represented litigants file and navigate the process.
Guide & File
Guided toolTexas courts offer a Guide & File tool that walks you through completing small claims forms step by step. It is designed for self-represented litigants and covers common claim types including money disputes.
Open Guide & FileElectronic Filing
AvailableElectronic filing (e-filing) is available for Harris County Justice Court cases. This allows you to submit your petition and documents online without appearing in person to file.
Texas E-File PortalHarris County JP Courts
Official portalThe Harris County JP Courts portal (jp.hctx.net) provides forms, court locations, fee schedules, and precinct-specific resources. Check both the countywide portal and your specific precinct's page.
Harris County JP CourtsPrecinct-specific forms: Some Harris County JP forms and procedures vary by precinct. After confirming your correct precinct using the official precinct finder, check that precinct's specific resources in addition to the countywide portal.
Step by Step
How the Process Usually Works
From identifying a violation to preparing for your Harris County JP Court hearing — here's the typical path.
Check Whether You Have a Violation
Determine whether your landlord missed the 30-day deadline, failed to itemize deductions, charged for normal wear and tear, or otherwise violated Texas Property Code § 92. This is your foundation.
Gather Your Evidence
Collect your lease, move-in and move-out photos, proof of your forwarding address, any itemization your landlord sent, text messages or emails, and your move-out date documentation.
Run the DepositRights Audit
Use the free DepositRights audit to analyze your situation against Texas law, estimate your potential recovery, and understand whether the bad-faith penalty may apply.
Confirm Your Harris County Precinct
Use the Harris County precinct finder (jp.hctx.net/info/find-contact.htm) to identify which of the eight JP precincts covers your rental property address. This determines which court you file in.
Prepare Your Petition and Filing Details
Complete the small claims petition form with your facts, the amount you are claiming, and the legal basis. The DepositRights Court-Ready Packet includes pre-filled petition support.
File and Arrange Service
Submit your petition — in person or via e-filing — and pay the filing fee ($34 small claims or $49 regular civil) and service fee ($75). The court will arrange service on your landlord.
Prepare for Your Hearing
Organize your evidence, prepare a clear narrative of the facts, and know your key legal points. JP Court hearings are informal, but preparation matters. The Court-Ready Packet includes a hearing preparation script.
FAQ
Frequently Asked Questions
Common questions from Harris County renters about security deposit disputes.
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Everything in Standard Recovery plus small claims filing forms, pre-filled petition, hearing preparation script, and evidence organization guide. Built for Harris County JP Court.
DepositRights provides legal information and self-help tools, not legal advice. We are not a law firm. Results depend on the specific facts of your case and the court's determination.
Content Integrity
DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.
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