What You Can Recover in Eviction Court
In an eviction case, you can recover:
Back rent owed by the tenant
Court filing fees you paid
Attorney's fees (if your lease authorizes them)
Service fees for the constableWhat You CANNOT Recover in Eviction Court
The following must be pursued in Small Claims Court:
Late fees
Unpaid utility bills
Property damage
Cleaning costs
Early termination fees
Security deposit disputesWhen to File Small Claims
Consider filing a Small Claims case when:
The tenant owes more than just back rent
There's significant property damage
The tenant has already vacated but owes money
You want to recover the security deposit differenceSmall Claims Court Basics
In Texas Small Claims Court:
Maximum claim amount: $20,000
Filing fee: Varies by county
You represent yourself (no attorney required)
More informal than higher courtsCollecting Your Judgment
Winning a judgment is just the first step. To collect:
1. The judgment becomes a lien you can enforce
2. You may garnish wages (with limitations)
3. You can levy bank accounts
4. The judgment accrues interestStrategic Considerations
Sometimes it makes sense to:
Focus on getting possession first (eviction)
File Small Claims after the tenant is out
Combine claims if amounts are significantOur team can advise you on the best strategy for your specific situation.
