You’re a tenant who’s moved out and cleaned the rental from top to bottom. Weeks later, your landlord still hasn’t returned your security deposit. And when you finally get in touch with them, they’re reporting property damage. But you know you’re not at fault, and you have pictures to prove it.
In situations like these, you might have to escalate the issue to small claims court. Here’s a helpful guide outlining the process and regulations in each state. We’ll cover best practices for filing your case, including fees, the statute of limitations, and maximum claim limits.
Why Landlords and Tenants Use Small Claims Court
Landlords and tenants may go to small claims court for many reasons, but the most common causes include disputes over the security deposit and breaches in the lease agreement.
Here are a few examples of why both parties file cases with their local courts:
Common Reasons Landlords File Suits
- They need to recover unpaid rent from the tenant.
- Damage costs exceed the tenant’s security deposit.
- Tenants didn’t pay utility bills or fees, so the landlord had to pay out of pocket.
- The tenant has illegally subletted the unit.
Common Reasons Tenants File Suits
- Their landlord doesn’t return their security deposit after move-out.
- The property manager or landlord violates their privacy.
- They’re dealing with landlord retaliation or illegal charges.
- Their landlord fails to fix issues, putting their health and safety at risk.
While no one wants to end up on trial, sometimes it’s the best way to resolve the issue.
Small Claims Court Process for Tenants
Although the exact steps vary by state, here’s a general overview of the process:
Step 1: Confirm the Issue’s Eligibility
Before you begin filing your case, make sure the issue qualifies for trial to avoid wasting time and money. As a first step, verify that your issue meets the criteria for claim amount and dispute type. Also, check for any necessary actions you’d need to take leading up to the case, like sending your landlord a demand letter.
Step 2: File a Complaint
Next, you’ll file your official complaint to identify the defendant, explain the situation, and clearly state any losses. Contact your local court to obtain the official complaint form and any other additional forms you’ll need.
Step 3: Serve the Defendant
Once you file the complaint, the defendant must receive an official summons that tells them when to appear in court. Each local area has specific delivery methods, such as the sheriff serving the documents or sending them through certified mail.
Step 4: Attend the Trial
On the trial date, plaintiffs and defendants should bring copies of any evidence and prepare to state their arguments. Then, the judge will decide whether to dismiss the case or issue a judgment. A judgment is a court order requiring the losing side to pay the winning party.
Step 5: Collect the Judgment
If the case isn’t dismissed, judges issue their final judgment after the trial. The court refers to the winning party as the judgment creditor, and they’re responsible for securing payment from the losing party.
In the best case, the losing side pays its debt on time. If they don’t, legal authorities won’t pursue payment from them unless the judgment creditor takes further action and documents their efforts.
How long does the process take?
It usually takes 1–3 months from the date of filing to the issuance of a judgment. The process can be delayed if there are problems serving the defendant or if the trial is rescheduled. However, there are steps you can take to help the process progress smoothly.
Next, we’ll discuss best practices for preparing your case so you can resolve the issue quickly and recover any balances owed.
How to Prepare to File with Small Claims Court
Follow these four steps to help increase your chances of winning the judgment:
Send a Demand Letter
In some states and situations, sending a demand letter to the defendant is required before filing a lawsuit. Even if the state doesn’t mandate it, this first step can potentially help you resolve the issue without going to trial.
Collect Documentation
As soon as you’re aware of the issue, start gathering all the evidence you can. Create a file including the rental agreement, photos and videos of the issue, receipts, and copies of related texts, emails, or letters.
Organize Your Evidence
Judges usually respond well when you clearly explain and structure your case. Once you have the documentation you need, we recommend:
- Creating a clear timeline by listing all related events in chronological order.
- Labeling all evidence so it corresponds to your argument’s main points.
- Scanning digital backups since most trials accept electronic evidence.
As an extra step, practice your presentation so you’re prepared to present your argument in a calm, collected way. Memorize the essential facts, damage amounts, and the legal basis for your argument.
Find the Right Court
Depending on the type of case, state law, and local protocols, you’ll have to file it in a specific location. Disputes regarding rental contracts can typically be filed in the jurisdiction where the rental property is located. However, you might have to file the case where the defendant lives or works.
We recommend speaking with a trusted legal professional to get clarity.
How Much are Filing Fees for Small Claims Court?
Filing fees are typically less than $100, but they vary by state and court. Here’s a helpful chart outlining the fee amounts in all 50 states, plus Washington D.C.:
| State | Filing Fee |
|---|---|
| Alabama | Varies by court |
| Alaska | $50 – Claims $2,500 or less $100 – Claims over $2,500.01 |
| Arizona | $25 |
| Arkansas | Varies by court |
| California | $30 – Claims up to $1,500 $50 – Claims $1,500.01 to $5,000 $75 – Claims over $5,000.01 |
| Colorado | $31 – Claims $500 or less $55 – Claims over $500.01 |
| Connecticut | $95 |
| Delaware | $35 – Claims under $1,000 $40 – Claims $1,000 to $5,000 $45 – Claims over $5,000 & eviction cases |
| Florida | $55 – Claims under $100 $80 – Claims $100.01 to $500 $175 – Claims $500.01 to $2,500 $300 – Claims over $2,500.01 |
| Georgia | Varies by court |
| Hawaii | $35 |
| Idaho | $69 |
| Illinois | Varies by court |
| Indiana | Varies by court |
| Iowa | $95 |
| Kansas | Varies by court |
| Kentucky | Varies by court |
| Louisiana | Varies by court |
| Maine | $70 |
| Maryland | $34 |
| Massachusetts | $40 – Claims $500 or less $50 – Claims $500.01 to $2,000 $100 – Claims $2,000.01 to $5,000 $150 – Claims over $5,000 |
| Michigan | $30 – Claims $600 or less $50 – Claims $600.01 to $1,750 $70 – Claims over $1,750.01 |
| Minnesota | Varies by court |
| Mississippi | Varies by court |
| Missouri | Varies by court |
| Montana | $30 |
| Nebraska | $29 |
| Nevada | Varies by court |
| New Hampshire | $90 – Claims $5,000 or less $145 – Claims over $5,000.01 |
| New Jersey | $35 |
| New Mexico | $77 |
| New York | $15 to $20 – City or District Court $10 to $15 – Town or Village Court |
| North Carolina | $96 |
| North Dakota | $10 |
| Ohio | Varies by court |
| Oklahoma | Varies by court |
| Oregon | Varies by court |
| Pennsylvania | Varies by court |
| Rhode Island | $55 – In-person filing or by mail $75.75 – Electronic filing |
| South Carolina | $70 |
| South Dakota | $20.76 – Claims up to $100 $26.76 – Claims from $100.01 to $1,000 $36.76 – Claims from $1,000.01 to $3,999.99 $38.76 – Claims over $4,000 |
| Tennessee | Varies by court |
| Texas | $54 |
| Utah | $60 – Claims up to $2,000 $100 – Claims from $2,001 to $7,499 $185 – Claims over $7,500 |
| Vermont | $65 – Claims $1,000 or less $90 – Claims $1,000.01 or more |
| Virginia | Varies by court |
| Washington | $35 or $50 depending on the court |
| Washington D.C. | $5 – Claims under $500 $10 – Claims from $500 to $2,500 $45 – Claims over 2,500 |
| West Virginia | $50 – Claims $500 or less $55 – Claims from $500.01 to $1,000 $60 – Claims from $1,000.01 to $2,000 $70 – Claims over $2,000 |
| Wisconsin | $94.50 – In-person filing $114.50 – Electronic filing |
| Wyoming | $10 |
The plaintiff may have to pay additional charges to serve the defendant with their official summons and any other required documents. If the plaintiff can’t afford the filing fees, they can apply for a fee waiver by detailing their financial situation.
How Long Does the Plaintiff Have to File a Small Claims Case?
The statute of limitations sets the deadline for a plaintiff to file a small claims case. If you don’t file before this time limit, the lawsuit can’t be processed. It varies by state and issue type, but the typical statute of limitations ranges from 2 to 6 years.
Here’s what it looks like from state to state:
| State | Time Limit to File |
|---|---|
| Alabama | 6 years – Oral or written lease agreement |
| Alaska | 3 years – Oral or written lease agreement |
| Arizona | 1 year – Security deposit dispute 3 years – Violation of an oral lease agreement 6 years – Violation of a written lease agreement |
| Arkansas | 3 years – Oral lease agreement 5 years – Written lease agreement |
| California | 2 years – Violation of an oral lease agreement 3 years – Property damage, security deposit dispute 4 years – Violation of a written lease agreement |
| Colorado | 1 year – Security deposit dispute (with damages) 3 years – Violation of a lease agreement 6 years – Security deposit dispute (without damages) |
| Connecticut | 3 years – Oral lease agreement 6 years – Written lease agreement |
| Delaware | 3 years – Oral or written lease agreement |
| Florida | 4 years – Oral lease agreement 5 years – Written lease agreement |
| Georgia | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Hawaii | 1 year – Security deposit dispute 6 years – Violation of a lease agreement |
| Idaho | 2 years – Return of a security deposit 4 years – Violation of an oral lease agreement 5 years – Violation of a written lease agreement |
| Illinois | 2 years – Penal provisions (e.g., security deposit dispute) 5 years – Remedial provisions (e.g., lease agreement violation) |
| Indiana | 6 years – Oral or written lease agreement |
| Iowa | 5 years – Oral lease agreement, unpaid rent 10 years – Written lease agreement |
| Kansas | 3 years – Oral lease agreement 5 years – Written lease agreement |
| Kentucky | 5 years – Oral lease agreement, security deposit claim 10 years – Written lease agreement |
| Louisiana | 1 year – Security deposit dispute, property damage 3 years – Unpaid rent 10 years – Violation of a lease agreement |
| Maine | 6 years – Oral or written lease agreement |
| Maryland | 2 years – Security deposit claim 3 years – Other civil claims |
| Massachusetts | 4 years – Violation of the Consumer Protection Act 6 years – Violation of a written or oral lease agreement |
| Michigan | 45 days – Some security deposit disputes 3 years – Property damage 6 years – Lease agreement violation, failure to return a security deposit |
| Minnesota | 2 years – Security deposit claim with damages 6 years – Violation of a lease agreement, property damage |
| Mississippi | 3 years – Oral or written lease agreement |
| Missouri | 3 years – Security deposit dispute with damages 5 years – Violation of a statute or a lease agreement 10 years – Unpaid rent |
| Montana | 5 years – Oral lease agreement 8 years – Written lease agreement |
| Nebraska | 4 years – Oral lease agreement 5 years – Written lease agreement |
| Nevada | 4 years – Oral lease agreement 6 years – Written lease agreement |
| New Hampshire | 3 years – Oral or written lease agreement |
| New Jersey | 6 years – Oral or written lease agreement |
| New Mexico | 4 years – Oral lease agreement 6 years – Written lease agreement |
| New York | 3 years – Property damage 6 years – Security deposit dispute, lease agreement violation |
| North Carolina | 3 years – Oral or written lease agreement |
| North Dakota | 6 years – Oral or written lease agreement |
| Ohio | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Oklahoma | 1 year – Violation of law with a statutory penalty (e.g. failure to place security deposit in an escrow account) 3 years – Oral lease agreement violation, violation of law without a statutory penalty (e.g., retaliation) 5 years – Written lease agreement violation |
| Oregon | 1 year – Oral or written lease agreement |
| Pennsylvania | 4 years – Oral or written lease agreement |
| Rhode Island | 10 years – All civil claims |
| South Carolina | 3 years – Lease agreement violation, security deposit dispute, property damage |
| South Dakota | 6 years – Oral or written lease agreement |
| Tennessee | 3 years – Property damage 6 years – Lease agreement violation, unpaid rent |
| Texas | 4 years – Oral or written lease agreement |
| Utah | 4 years – Oral lease agreement 6 years – Written lease agreement |
| Vermont | 6 years – All civil claims |
| Virginia | 3 years – Oral lease agreement 5 years – Written lease agreement |
| Washington | 3 years – Security deposit dispute, oral lease agreement violation, property damage 6 years – Written lease agreement violation |
| Washington D.C. | 3 years – Written or oral lease agreement |
| West Virginia | 5 years – Oral lease agreement 10 years – Written lease agreement |
| Wisconsin | 3 years – Security deposit dispute 6 years – Lease agreement violation, unpaid rent |
| Wyoming | 3 years – Security deposit dispute 6 years – Lease agreement violation, unpaid rent |
| Wyoming | 8 years – Oral lease agreement 10 years – Written lease agreement |
What is the Maximum Recoverable Amount in Small Claims Court?
Each state and court places a cap on the amount plaintiffs can claim. Use this chart to determine the limit your area:
| State | Maximum Claim Amount |
|---|---|
| Alabama | $6,000 |
| Alaska | $10,000 |
| Arizona | $3,500 |
| Arkansas | $5,000 |
| California | $10,000 for individuals $5,000 for businesses |
| Colorado | $7,500 |
| Connecticut | $5,000 (may be exceeded if the judge awards damages) |
| Delaware | $25,000 |
| Florida | $8,000 |
| Georgia | $15,000 |
| Hawaii | $5,000 (no limit for security deposit claims) |
| Idaho | $5,000 |
| Illinois | $10,000 |
| Indiana | $10,000 |
| Iowa | $6,500 |
| Kansas | $4,000 |
| Kentucky | $2,500 |
| Louisiana | $5,000 (may be exceeded if the judge awards damages) |
| Maine | $6,000 |
| Maryland | $5,000 |
| Massachusetts | $7,000 (may be exceeded if the judge awards damages) |
| Michigan | $6,500 |
| Minnesota | $15,000 |
| Mississippi | $3,500 |
| Missouri | $5,000 |
| Montana | $7,000 |
| Nebraska | $3,900 |
| Nevada | $10,000 |
| New Hampshire | $10,000 |
| New Jersey | $5,000 |
| New Mexico | $10,000 |
| New York | $10,000 – New York City Court $5,000 – City or District Court $3,000 – Town or Village Court |
| North Carolina | $5,000 or $10,000 depending on the court |
| North Dakota | $15,000 |
| Ohio | $6,000 |
| Oklahoma | $10,000 |
| Oregon | $10,000 |
| Pennsylvania | $12,000 |
| Rhode Island | $5,000 |
| South Carolina | $7,500 |
| South Dakota | $12,000 |
| Tennessee | $25,000 |
| Texas | $20,000 |
| Utah | $15,000 |
| Vermont | $5,000 |
| Virginia | $5,000 |
| Washington | $10,000 for individuals $5,000 for businesses |
| Washington D.C. | $10,000 |
| West Virginia | $10,000 |
| Wisconsin | $10,000 |
| Wyoming | $6,000 |
What Happens if the Defendant Doesn’t Pay a Small Claims Judgment?
Even after a plaintiff follows the legal process, the defendant may refuse to pay the final judgment. If they’re delinquent or refuse to pay, the judgment creditor can ask the court to take action by:
- Garnishing the defendant’s wages or bank accounts
- Seizing their property
- Placing a lien on their property
Tips for Avoiding Small Claims in the First Place
While some situations are out of your control, you can reduce the risk of having to take legal action. Here’s how:
- Make sure the lease agreement clearly outlines damages, deposits, and both parties’ obligations.
- Take photos and videos when performing the move-in/move-out inspections.
- Practice good communication.
- Keep records of all payments and correspondence.
- Know your local landlord-tenant laws.
Even if you can’t prevent the problem from escalating, these steps can help defend yourself if legal disputes arise. And always speak with a trusted legal advisor who can help you navigate the process with peace of mind.
Small Claims Court FAQs
What are court fees for small claims?
There’s typically the filing fee, the service fee for notifying the defendant, and additional costs for issuing a summons, reviewing documents, and other tasks.
Is it worth going to small claims court for $500?
It depends on the circumstances. Speak with a legal professional to determine your best course of action.
Who pays attorney fees in small claims court?
In most cases, both parties pay their own attorneys.
Is it worth taking a business to small claims?
Since circumstances vary, always consider:
- The award amount versus legal costs
- The time and effort required
- The strength of your argument
Before making a final decision, speak with a legal advisor and attempt to resolve the issue without legal action.
