Texas Residential Security Deposit Dispute Pro Se Legal Packet Self-Help Template Kit

Packet Overview & Purpose

This pro se toolkit is designed for Texas residential tenants seeking to challenge improper security deposit deductions or late deposit returns following move-out. Under Texas Property Code §§ 92.101–92.109, landlords must return security deposits or provide a detailed, itemized list of deductions within 30 days of surrender and written receipt of the tenant's forwarding address.

This packet provides a step-by-step framework to document damages, issue a formal presuit demand letter, propose a binding settlement, and file a petition in Texas Justice Court (Small Claims) if informal resolution efforts fail.

Important Usage Note: Do not file the court petition until you have delivered a formal written demand, reviewed all supporting move-in/move-out evidence, and verified local Justice Court filing procedures and precinct boundaries for your county.

Packet Contents & Included Forms

1. Formal Security Deposit Demand Letter: Pre-litigation formal demand specifying disputed charges, applicable statutory timelines, and evidence preservation requests under Tex. Prop. Code §§ 92.103, 92.104, and 92.107.
2. Evidence & Statutory Damages Worksheet: A centralized timeline, accounting ledger, and statutory penalty calculation tool (§ 92.109 bad-faith remedies).
3. Itemized Deduction Dispute Chart: A line-by-line factual and legal breakdown of each contested landlord repair charge (e.g., normal wear and tear vs. tenant-caused damage).
4. Security Deposit Settlement Proposal: A formal compromise agreement offer to settle out of court while preserving formal legal remedies if unpaid.
5. Justice Court Original Petition (Wrongful Withholding): A ready-to-file Small Claims pleading detailing claims for deposit recovery, statutory penalties ($100 + 3x wrongfully withheld funds), and court costs.
6. Justice Court Hearing Preparation & Evidentiary Checklist: Step-by-step guidance on exhibit foundation, witness examination, cross-examination questions for landlords, and court protocol.

[Gather Evidence] ──> [Complete Dispute Chart] ──> [Send Demand Letter] ──> [Negotiate / Settle] ──> [File Justice Court Petition if needed]

Audit Documentation: Collect lease agreement, deposit receipts, move-in/move-out photos, repair invoices, and written forwarding address delivery receipts.

Calculate Dispute: Complete the Itemized Deduction Dispute Chart to distinguish between standard property aging (wear and tear) and unauthorized or undocumented landlord repair charges.

Issue Presuit Notice: Fill out and send the Security Deposit Demand Letter via Certified Mail (Return Receipt Requested) or traceable electronic delivery. Allow 10–14 days for a response.

Evaluate Statutory Penalties: If the landlord failed to provide an accounting within 30 days of receiving your forwarding address, utilize the statutory bad-faith calculations in the Evidence and Damages Worksheet.

File Petition & Hearing Prep: If unresolved, complete the Justice Court Petition, file in the correct precinct county court, and follow the Hearing Preparation Checklist to organize exhibit binders.