Security Deposit Demand Letter: Filing Sequence in Texas

You moved out, cleaned the place, and handed over the keys. Weeks later, your landlord keeps the deposit and sends a list of deductions that seem made up. You typed "security deposit demand letter" into Bing and now you're wondering what comes next. In Texas, you can take this to Justice Court – Small Claims (for claims up to $20,000). Here's the exact filing sequence, step by step, so you know what to prepare and when.

1. Know the court and the limit

Justice Court – Small Claims handles disputes up to $20,000, excluding interest and costs. That's the court for most security deposit cases. If your claim is for more than that, you'd need County Court at Law, but the limit there varies by county, so check with the clerk. You can represent yourself in either court; no lawyer is required.

Before you file, confirm you're in the right county and precinct. The events – like the lease signing or the property address – usually determine that. If you file in the wrong place, the clerk may reject your petition. The court's website or the clerk's office can tell you which precinct covers the property.

2. Gather your documents first

You'll need the lease or rental agreement, especially the pages about deposits and deductions. Also collect any move-in/move-out inspection reports, photos, emails, texts, and the demand letter you sent. The court wants to see the facts in order, so put dates and amounts on each document.

Make copies of everything. The filing rules say you need one signed original petition plus one copy for each defendant, and one for the court file. So if you're suing one landlord, that's the original, one copy for them, and one for the court – plus your own copy to keep.

3. Write the petition correctly

Your petition is your story on paper. Use letter-size paper, 1-inch margins, 12-point font (like Times New Roman), double-spaced, and numbered paragraphs. Start with a caption that lists the court name, county, and precinct, plus your full name and street address, and the defendant's full name and street address. Leave the cause number blank – the clerk will assign it.

In the Statement of Facts, write one paragraph per event, in date order. For example: "On [date], I paid a $1,000 security deposit." Then "On [date], I moved out and gave the keys." Then "On [date], the landlord sent a list of deductions." Keep it factual – no legal arguments. Then list each communication: who you talked to, when, by what means (email, letter, phone), and what happened.

4. Attach your evidence with an index

Number every attachment continuously, starting at 1. Create an index page that lists each attachment by number and name – like "Exhibit 1: Lease Agreement, dated [date]". If you're relying on the lease, attach a copy of the pages you're relying on. The clerk will return exhibits if the index doesn't match the attachments, so double-check.

Also, if you expect the defendant not to show up and you want a default judgment, you'll need a military status affidavit for the defendant. That's a form you can get from the clerk. Without it, the court won't sign a default judgment.

5. Sign and file at the justice court

Your signature must be in ink on the signature line, with your printed name, address, and phone number below it. An unsigned petition is struck – the clerk won't accept it. Then take the original, the copies, and the filing fee to the justice court clerk. If you can't afford the fee, you can file a Statement of Inability to Afford Payment of Court Costs instead – ask the clerk for the form.

The clerk will check your petition for completeness. They'll look for the caption, the parties' addresses, the signature, and the attachments. If something's missing, they'll tell you. Once filed, the clerk will assign a cause number and set a hearing date.

6. Serve the defendant properly

After filing, the court will arrange for service of process – usually a constable or sheriff delivers the citation to the defendant. You can't just text them a copy. The court needs to know the defendant's exact name and street address to issue service. If you don't have that, the clerk can't proceed.

Once the defendant is served, they have a chance to respond. If they don't, you can ask for a default judgment – but you'll need that military status affidavit. If they do respond, the court will set a hearing where both sides tell their story.

7. Prepare for the hearing

Before the hearing, organize your evidence in the same order as your attachments. Bring extra copies. Practice explaining your timeline: deposit paid, move-out date, deductions, your demand letter. The judge will ask how you calculated the amount you're claiming – so have that math written out.

For anything you file after the petition – like a motion or an updated document – you must include a certificate of service. That's a statement saying when and how you delivered a copy to the other side. Without it, the court may not consider your filing.

8. Follow the court's current instructions

Rules change. The Texas Rules of Civil Procedure are online, and the justice court clerk is your best resource. They can tell you the exact fee amount, the precinct, and any local forms. Don't guess – ask. The court's instructions control over anything you read here.

If you're unsure about any step, the guided preparation flow on this site can help you build your petition. And remember, this article is about the filing sequence, not legal advice. Your outcome depends on the facts and the judge.

Related reading

• Justice Court - Small Claims (Claim up to $20,000)
• Check your court
• All articles