Texas Justice Court (Small Claims) Guide for Renters

Most landlord-tenant money disputes in Texas — an unreturned security deposit, unpaid repair-and-deduct costs, a roommate who skipped out on rent — never need a lawyer or a big courthouse. They go to Justice of the Peace (JP) court, sometimes still called "small claims" out of habit even though Texas folded its old small-claims courts into the JP courts in 2013. Here's how the process actually works, what it costs, and when it's the right tool.

What a JP court can hear

Under Tex. Gov't Code §27.031, a justice court has jurisdiction over civil cases where the amount in controversy is $20,000 or less (not counting interest), plus forcible entry and detainer (eviction) cases and some lien enforcement. That $20,000 ceiling covers the overwhelming majority of renter-landlord money disputes — an unreturned deposit, a repair-and-deduct reimbursement, unpaid rent, property damage. JP courts can't hear divorce cases, title-to-land disputes, or slander claims, but those rarely come up in a landlord-tenant dispute anyway.

You don't need a lawyer — and neither does your landlord's company

JP court was built for people to represent themselves. Individuals can file and argue their own case, and under §27.031(d), even a corporation doesn't need an attorney to appear in justice court — so don't assume a landlord showing up with a company representative instead of a lawyer has some advantage you don't.

How to file

1. Find the right precinct. Texas counties are divided into JP precincts; you generally file in the precinct where the defendant lives, where the dispute arose, or (for a rental dispute) where the property is located. Your county's website lists precinct boundaries and the JP courts' contact information.
2. Fill out a petition. Most JP courts provide a simple fill-in-the-blank petition form (in person or on the county's website) stating who you're suing, why, and how much you're asking for.
3. Pay the filing fee (a modest amount, generally well under $100, varying by county) or ask about a fee waiver if you can't afford it — courts have a process (a "statement of inability to afford payment of court costs") for this.
4. The court serves the defendant with citation, and sets a hearing date, usually within a few weeks.
5. Show up with your evidence — your lease, the itemized deposit letter (or lack of one), photos, receipts, texts, and a clear, dated timeline. JP court hearings are informal and relatively quick; bring copies for the judge and the other side.

What to bring to a security-deposit or repair dispute

• A copy of your lease
• Your move-in/move-out condition checklist and dated photos, if you have one
• Any written demand letter you sent (see our security deposit demand letter template)
• Proof of your forwarding address and when you gave it to the landlord
• Bank statements, receipts, or canceled checks showing rent was paid and current
• Copies of the statute sections you're relying on — for a deposit case, Tex. Prop. Code §§92.103-92.109 is worth having printed out

Judgments and appeal

If you win, the court enters a judgment for the amount owed. Collecting on it is a separate step from winning — a JP court judgment doesn't automatically hand you a check, and you may need to pursue post-judgment collection (like a writ of execution) if the other side doesn't pay voluntarily. Either side that's unhappy with a JP court result generally has the right to appeal for a new trial in county court, so a JP court judgment isn't always the final word — but most cases settle at this level.

Frequently asked questions

Is there still a separate "small claims court" in Texas?

Not since 2013 — Texas merged its small claims courts into the justice courts. People still say "small claims" out of habit, but you'll file the case as a regular JP court civil case, using the same simplified procedures small claims court used to offer.

What's the dollar limit for a JP court case?

$20,000, excluding interest, under Tex. Gov't Code §27.031(a)(1). A claim above that amount needs to go to county or district court instead.

Do I need a lawyer?

No. JP court is designed for self-represented parties, and even a corporation can appear through a non-lawyer representative under §27.031(d).

How long does a JP court case take?

Faster than district court — hearings are typically set within a matter of weeks of filing, and the proceedings themselves are informal and brief compared to a full civil trial.

Can I use JP court for an eviction case too?

Yes — forcible detainer (eviction) suits are also filed in JP court, in the precinct where the property is located, but that's a distinct, faster-moving process from a money-damages claim. See our guide on what a Texas notice to vacate means and our eviction court defense guide if you've already been sued.

This guide is educational information, not legal advice. Court procedures and fees vary somewhat by county — confirm the current petition form, filing fee, and precinct with your county's Justice of the Peace court clerk before filing.