Before you file
Send a demand letter and, if needed, a final notice. Judges look favourably on renters who tried to resolve the dispute first, and some courts expect a written demand.
Where to file
File in the small claims court for the county where the rental property is, unless your court's rules say otherwise. Most courts have a small claims self-help page with the forms, filing fee and dollar limit. Check your local court's website.
What to bring
- The lease and proof of the deposit paid
- Move-in and move-out photos or video with dates
- Any itemized list the landlord sent, with the envelope
- Your demand letter, final notice and certified mail receipts
- Proof you gave a forwarding address
- Texts or emails about the deposit
- Copies of everything for the judge and the landlord
What to ask for
Ask for the amount wrongfully withheld, any statutory penalty your state allows, and court costs. The state pages show the penalty for each covered state, with a link to the statute you can show the judge.
Common questions
How much does it cost to file in small claims court?
Filing fees vary by state and county and are usually modest. Some courts waive fees for people with low income. Check your court's small claims page.
Do I have to serve the landlord?
Yes, the landlord must be formally notified of the case. Courts explain the allowed methods, which commonly include certified mail by the clerk, a sheriff or a process server.