Houston renters are protected by Texas Property Code § 92 — one of the strongest security deposit laws in the country. Know your 30-day rule, your wear-and-tear rights, and which county court handles your case.
30 days
Return deadline
3× deposit
Bad faith penalty
8
Harris County precincts
5+
Surrounding counties
Quick Reference
Your landlord must return your deposit within 30 days of move-out and surrender of the unit. Missing this deadline is a violation.
Any deductions must be accompanied by a written itemized list. No list within 30 days = no lawful deduction.
Landlords cannot charge for normal wear and tear — including minor scuffs, small nail holes, and routine carpet wear.
If your landlord withholds in bad faith: $100 + 3× the wrongfully withheld amount + attorney's fees (§ 92.109).
Security deposit disputes go to Justice of the Peace (JP) Court in the county where the rental is located — not city court.
Houston Multi-County Complexity
The Houston metro spans multiple counties. "Houston" is not a legal venue for security deposit disputes. You must file in the county where the rental property is located — most commonly Harris County, but also Fort Bend, Montgomery, Galveston, Brazoria, or Waller counties for properties in the greater metro area.
Find Your Court
Your filing court is determined by the county where the rental property is located — not by the city. Select your county below to find the right JP Court.
The vast majority of Houston rental properties fall within Harris County. If your rental address is in Houston proper, Pasadena, Pearland (part), Humble, or Baytown, this is almost certainly your county.
8 precincts, 15+ court locations. Filing fee: $109–$124.
Sugar Land, Missouri City, Richmond, Rosenberg, and Stafford are in Fort Bend County. If your rental is in these areas, you file in Fort Bend County JP Court.
Fort Bend County JP Courts: fortbendcountytx.gov
Detailed county guide — coming soon
The Woodlands, Conroe, Spring (part), and Magnolia are in Montgomery County. Renters in these areas file in Montgomery County JP Court.
Montgomery County JP Courts: mctx.org
Detailed county guide — coming soon
Galveston, Texas City, League City, and Friendswood (part) are in Galveston County. Renters in these areas file in Galveston County JP Court.
Galveston County JP Courts: co.galveston.tx.us
Detailed county guide — coming soon
Pearland (part), Alvin, Angleton, and Lake Jackson are in Brazoria County. Renters in these areas file in Brazoria County JP Court.
Brazoria County JP Courts: brazoriacountytx.gov
Detailed county guide — coming soon
Katy (part), Brookshire, and Hempstead are in Waller County. Renters in these areas file in Waller County JP Court.
Waller County JP Courts: co.waller.tx.us
Detailed county guide — coming soon
Check Your Lease
The county is often listed in the property address section or jurisdiction clause of your lease.
Search HCAD
Search your rental address in the Harris County Appraisal District at hcad.org to confirm if it's in Harris County.
Use the Free Audit
The DepositRights free audit can help you identify the correct county and court for your rental address.
The Law
Texas Property Code Chapter 92 applies uniformly statewide — including all Houston-area counties. These are the rules your landlord must follow.
Landlord must return the deposit within 30 days of surrender of the unit. If the tenant provides a forwarding address, the clock starts on the date of surrender.
Any deductions must be accompanied by a written itemized list sent within 30 days. Failure to provide the list forfeits the right to withhold.
Deterioration from normal, intended use of the dwelling is not damage. This includes minor scuffs, small nail holes, and routine carpet wear.
Withholding in bad faith: $100 + 3× the wrongfully withheld amount + attorney's fees. Burden shifts to landlord to prove good faith.
Common Issues
These are the most frequent security deposit violations we see in the Houston metro area.
The most common violation. Landlord simply keeps the deposit without returning it or sending an itemized list.
Landlords routinely charge for routine carpet cleaning. This is normal wear and tear — not a lawful deduction.
Charging for repainting or small nail holes is almost always unlawful. Paint depreciates — most charges are overcharges.
Landlord deducts from the deposit but never sends a written itemized list. This is a § 92.104 violation.
Charging full replacement cost for items that have depreciated. Even legitimate damage must be charged at depreciated value.
Houston renters sometimes file in the wrong county. The correct court is in the county where the rental property is located.
How It Works
Answer 5 questions about your situation. Get an instant violation check and estimated recovery amount.
Confirm whether your rental is in Harris, Fort Bend, Montgomery, Galveston, Brazoria, or Waller County. This determines your JP Court.
Gather move-in photos, move-out photos, your lease, and any communication with your landlord. The evidence checklist guides you.
Send a written demand citing the specific Texas statutes violated. Many landlords settle at this stage.
If the landlord doesn't respond, file in your county's Justice of the Peace Court. Filing fees are $109–$150.
Present your evidence. JP Court hearings are informal — no attorney required. Most cases resolve in one hearing.
FAQ
Take Action
Start with the free audit. Know exactly where you stand before spending a dollar.