You've sent the demand letter. The landlord hasn't responded. Now it's time to file. This guide walks you through every step — from calculating your claim to what to say at the hearing.
4–8 wks
Filing to hearing
~$134
Typical filing cost
No
Lawyer required?
3× deposit
Max penalty
Is This Page For You?
And the landlord didn't respond, refused to pay, or offered less than you're owed.
The landlord missed the 30-day return deadline with no refund and no itemized list.
JP Court is your next step and you need to know exactly how to prepare.
You want to claim the full bad-faith penalty — $100 + 3× withheld — not just the deposit.
Haven't sent a demand letter yet? Start with the How to Dispute a Security Deposit guide first. A demand letter is not legally required, but judges appreciate it — and many landlords settle before you ever file.
The Guide
Work through each step in order. By Step 7, you'll be fully prepared.
Which county and precinct?
You must file in the JP Court precinct where the rental property is located — not where you currently live. Use your county's precinct finder tool to confirm.
Filing fee
Typical total: $34–$54 filing fee + $75–$90 constable service fee. Most Texas counties run $110–$145 total. Check your specific county's fee schedule.
E-file or in-person?
Most Texas counties support e-filing through eFile Texas (efile.txcourts.gov) or the Guide & File tool (selfhelp.efiletexas.gov/srl). Both are free to use.
Defendant information
Check your lease for the landlord's legal name and address. If a property management company is named, sue them. Use the exact legal name — not a nickname or abbreviation.
Claim Calculator
Use this to determine the correct amount to write on your petition.
This is an estimate for planning purposes. Consult the Texas Property Code or an attorney for your specific situation. JP Court small claims limit is $20,000 in Texas.
Avoid These
Most losses in JP Court are avoidable. These are the mistakes that cost renters their cases.
Filing in the wrong precinct
Always file in the precinct where the rental property is located — not where you currently live. Use your county's precinct finder tool.
Suing the wrong entity
Sue the landlord or property management company named on the lease. Use the exact legal name. Filing against a nickname or wrong entity can get your case dismissed.
Forgetting the bad faith penalty
If the landlord missed the 30-day deadline or failed to provide an itemized list, you're entitled to $100 + 3× the withheld amount. Include it in your claim.
Not bringing enough copies
Bring 3 copies of every document — one for you, one for the judge, one for the defendant. Arriving without copies makes you look unprepared.
Being emotional at the hearing
Judges respond to clear, organized facts — not frustration. Stick to the timeline, the statutes, and the dollar amounts. Save the emotion for after you win.
Not sending a demand letter first
Not legally required, but judges appreciate it. It shows you gave the landlord a chance to resolve the dispute before filing. It also starts the paper trail.
FAQ
Content Integrity
DepositRights provides legal information and self-help tools, not legal advice. This page does not create an attorney-client relationship.
Primary Statutes