Recover Your Security
Deposit in Travis County.
Texas law gives you real tools to fight back against unlawful deductions. This guide explains your rights, the Travis 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 Austin, Start Here
Most Austin renters will use the Travis County filing process — but not all. Austin city limits extend into Williamson County and Hays County in some areas. The county your rental property sits in determines which Justice of the Peace Court you file in.
Before relying on the Travis County filing instructions below, confirm that your rental address is actually in Travis County. You can do this through the Travis County Appraisal District property search 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 Travis. 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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Travis County Court System
Where to File in Travis County
Security deposit money-damages cases in Travis 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 Travis 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.
5 JP Precincts
Travis County has five Justice of the Peace precincts. For non-eviction civil money claims, the rules for which precinct applies can be nuanced. The safest approach is to use the official precinct map to confirm the correct court for your rental property address before you file.
Confirm your precinct before filing. Use the Travis County precinct map to identify the correct court for your rental address. Filing in the wrong precinct can delay your case.
Travis County JP Precincts
Each precinct has its own court location and may have precinct-specific forms. Confirm the correct precinct using the Travis County official resources before you file.
Official Travis County Resources
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Travis County Fees
Travis County Filing Costs
Filing in Justice Court is significantly less expensive than hiring an attorney. Here are the typical costs to start your case.
Typical Starting Costs
Based on current Travis County fee schedule
Filing Fee
To initiate your small claims case
Service Fee (1 defendant)
To serve the defendant with notice of the suit
Typical Starting Total
For a single-defendant case
Additional parties, alternative service methods, or other circumstances may affect total costs. Fee schedules can change — verify current amounts with the Travis County Justice Court before filing. Some older fee information may still appear in search results; the figures above reflect current published rates.
Context: 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 $144 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
Travis County offers 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 Travis County Justice Court cases. This allows you to submit your petition and documents online without appearing in person to file.
Texas E-File PortalOfficial Forms Hub
Court formsTravis County maintains a forms hub with court forms for civil cases. Note that some forms may be precinct-specific, even though there is also a countywide forms layer. Check both the county-wide and your specific precinct's resources.
Travis County JP CourtsPrecinct-specific forms: Some Travis County JP forms and procedures vary by precinct. After confirming your correct precinct, check that precinct's specific resources in addition to the countywide forms hub.
Step-by-Step
How the Process Usually Works
A typical Travis County deposit dispute follows these steps. Every case is different, but this gives you a clear picture of the path ahead.
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 Travis County Precinct
Use the Travis County precinct map to identify which of the five 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 ($54) and service fee ($90). 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.
Common Questions
Frequently Asked Questions
Answers to the most common questions about Travis County deposit disputes.
Next Steps
Ready to move forward?
Start with the free audit to understand your position. Then choose the level of support that fits your situation.
Free Audit
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Standard Recovery
$99 one-time
Full violation analysis, itemized deductions report, professional statutory demand letter, and certified mail instructions. The complete toolkit to settle without court.
Court-Ready Packet
$199 one-time
Everything in Standard Recovery plus small claims filing forms, pre-filled petition, hearing preparation script, and evidence organization guide. Built for Travis 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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