Texas · TX

Demand letters in Texas.

In Texas, landlords must return a deposit within 30 days, and the Justice Court (Small Claims docket) hears claims up to $20,000 (includes attorney fees; excludes statutory interest and court costs). Here's the law you need — and a generator that cites it for you.

By The Demand Letter Kit Team Sourced from official statutesUpdated June 1, 2026

Texas demand letter facts at a glance

Deposit return deadline

30 days

Small claims limit

$20,000 (includes attorney fees; excludes statutory interest and court costs)

Filing fee

Check the filing court’s current fee schedule; service charges may be additional

Written-contract SOL

4 years

Personal-injury SOL

2 years

Legal/judgment interest

5% to 8.25% per year (post-judgment, prime-based, set monthly by the OCCC).

Security deposit demand letters in Texas

If your former landlord is holding your deposit, Texas law is on your side. A landlord must return your security deposit within 30 days, along with an itemized statement of any deductions. Bad-faith retention can expose the landlord to $100 plus three times the portion wrongfully withheld plus attorney’s fees.

Build a Texas security-deposit letter

Statutes of limitation in Texas

A demand letter doesn't pause the clock — you must file suit within these windows:

Written contracts 4 years
Oral contracts 4 years
Personal injury 2 years
Property damage 2 years

Small claims court in Texas

The relevant court is Justice Court (Small Claims docket). Limit: $20,000 (includes attorney fees; excludes statutory interest and court costs). Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. A dollar limit alone does not establish eligibility; check the court’s claim, venue and service requirements.

Read the limit source

Small-claims limit source checked: 2026-09-29. This date does not apply to the other laws on this page.

How Texas compares

The same dispute is worth pursuing in one state and barely worth the paperwork in another. Here is where Texas actually sits.

  • Justice Court (Small Claims docket) in Texas: $20,000 (includes attorney fees; excludes statutory interest and court costs). Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Limits are not directly comparable across states because court, plaintiff and claim-specific rules differ.

  • Texas sits on the national norm — 30 days for a landlord to return the deposit, 15th tightest of the 51 and level with the 30-day median. Diarise the date you moved out and count from there. Miss it and Texas exposes the landlord to up to 3× the amount withheld, which is the figure to quote in the letter.

  • Do not sit on it. Texas allows only 4 years to sue on a written contract — 2 years shorter than the 6-year median for written contracts, and 41st longest of the 51. Oral agreements expire sooner still, at 4 years, and a demand letter does not pause either clock.

Worth putting a number on: withhold $1,500 wrongly in Texas and the exposure reaches $4,500 once the 3× penalty applies, still inside what Justice Court (Small Claims docket) can award. A landlord reading your letter is weighing that figure, not the deposit.

Good to know in Texas

Texas requires deposits back within 30 days, and a landlord who withholds in bad faith faces a distinctive penalty: $100 plus three times the wrongfully withheld portion plus attorney’s fees, and the landlord bears the burden of proving good faith. You must give a forwarding address in writing to start the clock. Small claims are heard in the Justice Court up to $20,000. Texas’s four-year contract limitations period applies to unpaid invoices and debts alike.

Texas demand letter FAQ

How long does a landlord have to return a security deposit in Texas?
In Texas, a landlord generally must return your security deposit within 30 days. Bad-faith retention can expose the landlord to $100 plus three times the portion wrongfully withheld plus attorney’s fees. The governing statute is Tex. Prop. Code § 92.101 to § 92.109.
What is the small claims court limit in Texas?
Texas's Justice Court (Small Claims docket): $20,000 (includes attorney fees; excludes statutory interest and court costs). Filing fee information: Check the filing court’s current fee schedule; service charges may be additional. Check the linked source for eligibility, venue and claim-specific exceptions.
How long do I have to sue in Texas?
Texas's statute of limitations is 4 years for written contracts, 4 years for oral contracts, 2 years for personal injury, and 2 years for property damage. Sending a demand letter does not pause these deadlines, so don't wait too long.
Do I have to send a demand letter before filing in Texas?
Texas does not always require a demand letter before suing, but sending one is strongly recommended: many courts expect it, it can resolve the dispute without filing, and it documents that you tried to settle in good faith — which helps your case if you do end up in Justice Court (Small Claims docket).

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