How to sue your landlord in small claims court for a security deposit

The claim limits we can state with a citation

How much you may claim in small claims court differs by state. These are the limits for the ten states this guide covers:

• California — $12,500 (natural persons; a business claimant is capped lower).
• Texas — $20,000.
• New York — $10,000.
• Florida — $8,000.
• Illinois — $10,000.
• Pennsylvania — $12,000. 42 Pa.C.S. § 1515.
• New Jersey — $5,000.
• Washington — $10,000.
• Georgia — $15,000.
• Massachusetts — $7,000.

The process, in outline

• Send a written demand first — it is expected, and it produces useful evidence.
• Find the small claims court for the county where the rental is located, and ask the clerk for the right form.
• File the claim and pay the filing fee; ask about a fee waiver if money is tight.
• Serve the landlord with the claim in the way the court directs.
• Attend the hearing with your documents and photos.

Filing fees are set county by county

Small claims filing fees are set by the individual court and usually scale with the amount claimed, so a single figure is wrong somewhere. Real ranges are wide — from roughly $20 to over $170 depending on the state and county. The clerk can give you the exact fee, and every state in this guide offers a fee waiver for low-income filers.

Common questions

Do I need a lawyer in small claims court?

In most small claims courts a lawyer is not required, and some courts do not allow attorneys to represent the parties at the hearing. That is exactly why the forum suits a deposit dispute.

What if my claim is larger than the limit?

Claims above the small-claims limit generally go to a higher court, where the procedure is more formal. Some states let you waive the excess to stay in small claims; check your state’s rule.

Is this legal advice?

No. This page is general information with sources, not advice for your situation.