Texas · Landlord-tenant dispute
Landlord-tenant dispute in Texas small claims
Unpaid rent, withheld deposit, or property damage? Resolve it in small claims.
Landlord-tenant disputes over money — unpaid rent, a withheld deposit, damage charges, or a landlord's failure to make repairs you paid for — often end up in small claims court. The key to a strong case is a clear paper trail: your lease, rent receipts, move-in and move-out documentation, and all written communication with the other party. You do not need a lawyer to present this kind of claim.
In Texas, small-claims cases are heard in the Justice Court (Justice of the Peace) and you can sue for up to $20,000 (including any attorney's fees, but excluding statutory interest and court costs).
Good to know: Texas no longer has a separate "small claims court." Since 2013, a small-claims case is a civil case heard in the Justice Court (the Justice of the Peace, or "JP" court) under Texas Rules of Civil Procedure 500–510.
Landlord-tenant dispute in Texas: local specifics
Texas landlord-tenant money disputes are filed as civil petitions in the Justice Court (JP court). Texas also has separate landlord-tenant statutes governing deposit returns, habitability, and remedies; those rules run independently of the general filing deadline shown below.
Landlord-tenant dispute: steps that matter
- Gather your lease, all rent payment records, and any written communication between you and the other party about the dispute.
- Document the property's condition thoroughly — photos and videos at move-in, during the tenancy, and at move-out.
- Send a written demand stating exactly what you are claiming and why, and keep proof of delivery.
- Confirm whether your state has a separate, shorter statutory deadline for your specific claim (such as deposit return) with your court or local housing authority.
- File in the small claims court for the county where the rental property is located.
Filing your petition in Texas
- Gather your information. Collect your evidence and the full legal names and addresses of everyone you are suing. You can sue for up to $20,000.
- Find the right Justice Court. File in the Justice of the Peace precinct with proper venue, usually where the defendant lives or where the events happened. Call the clerk to confirm venue, fees, and local procedure.
- File your petition. Complete and file the petition in person, by mail, or through eFileTexas.gov, which offers a guided small-claims petition. Pay the filing fee when you file.
- Serve the defendant. The court issues a citation that, with your petition, must be served on the defendant by a constable, sheriff, approved process server, or the clerk by certified mail. You cannot serve the papers yourself.
Filing fees: Filing fees are set locally and vary by county, commonly in the range of about $30–$100, plus a separate service-of-citation fee. Verify the exact amount with your Justice Court.
Deadline that applies to your landlord-tenant dispute
A landlord-tenant money dispute is usually grounded in the lease — a contract — so the contract statute of limitations is the typical outer deadline for filing. Many states also have separate landlord-tenant statutes with shorter deadlines for specific remedies such as security deposit return. Confirm which deadline applies to your exact claim with the court or your state's official landlord-tenant resource.
Breach of written or oral contract: 4 years (Tex. Civ. Prac. & Rem. Code § 16.004)
Answering a lawsuit: The defendant must answer by the end of the 14th day after being served with the citation and petition (Texas Rule of Civil Procedure 502.5). If that day falls on a weekend or holiday, the answer is due the next business day.
Serving the defendant: The petition and citation are served by a constable, sheriff, court-approved process server, or the clerk by certified or registered mail. The plaintiff cannot personally serve the defendant.
Appeals: Either party may appeal a Justice Court judgment to the county court within 21 days, where it is heard de novo (a brand-new trial). Perfecting the appeal requires an appeal bond, cash deposit, or a Statement of Inability to Afford Payment of Court Costs (Texas Rule of Civil Procedure 506.1).
All Texas small-claims deadlines
The table below lists the filing deadlines Justice Court (Justice of the Peace) applies by claim category. Confirm the exact rule that applies to your landlord-tenant dispute claim with your court before relying on any figure.
| Claim type | Filing deadline |
|---|---|
| Breach of written or oral contract (Tex. Civ. Prac. & Rem. Code § 16.004) | 4 years |
| Debt (Tex. Civ. Prac. & Rem. Code § 16.004) | 4 years |
| Property damage (Tex. Civ. Prac. & Rem. Code § 16.003) | 2 years |
| Personal injury (Tex. Civ. Prac. & Rem. Code § 16.003) | 2 years |
Texas small-claims forms for your landlord-tenant dispute case
These forms are published by the Justice Court (Justice of the Peace). CaseBySelf can pre-fill them automatically from your case details.
- Petition - Small Claims Case: Begins a Texas small-claims case in justice court.
- Self-Help Legal Information Packet: Filing a Small Claims Case: Explains Texas justice-court small-claims eligibility, filing, service, trial, appeal, and collection basics.
- Statement of Inability to Afford Payment of Court Costs or an Appeal Bond: Requests permission to file, participate, or appeal without prepaying court costs the person cannot afford.
- Answer - Small Claims Case: Lets a Texas justice-court defendant answer a small-claims case.
This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Texas State Law Library: Small Claims Cases. Last reviewed 2026-06-22.