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Security deposits

Taking your landlord to small claims for a deposit

By housr editorsUpdated 2026-10-05Legal review pending
A named legal reviewer hasn't signed this page yet. Until review, this page isn't indexed. This is information, not legal advice.

Small claims court exists for disputes like a withheld deposit: modest amounts, simple procedure, and usually no lawyers needed. This guide covers what we have verified about limits and procedure, and how to prepare your case from the deposit statute itself.

01Limits we have verified

Checked 2026-10-05 on the official sites linked below. Other states: check your court’s self-help pages.
StateCourtLimitSource
CaliforniaSmall claims$12,500 for individuals ($6,250 for businesses)California Courts Self-Help Guide
TexasJustice courtNot more than $20,000, exclusive of interestTex. Gov’t Code §27.031(a)(1)
FloridaCounty court, small claims rulesNot more than $8,000, exclusive of costs, interest and attorneys’ feesFla. Sm. Cl. R. 7.010(b)
ArizonaJustice court small claims divisionNot more than $5,000, exclusive of interest and costsA.R.S. §22-503(A)

Some deposit statutes point to small claims directly. California’s says an action under the deposit section “may be maintained in small claims court if the damages claimed, whether actual, statutory, or both, are within the jurisdictional amount.”

02Before you file

  1. Confirm the deadline passed, or that the itemized list includes charges you can show were wear and tear, preexisting, or unsupported.
  2. Send a written demand that states the facts and cites the statute. Courts generally expect you to have asked first, and some statutes require notice before suing.
  3. Work out the amount: the deposit (or the part withheld), any interest your state requires, and any statutory damages the statute provides, kept within the court’s limit.

03Bring the evidence the statute cares about

  • The timeline: move-out date, how you returned the keys, when you sent your forwarding address, when (or whether) anything arrived. The statute’s deadline runs from these dates.
  • The condition: move-in checklist and photos, move-out photos. Washington, for example, makes the landlord liable for the deposit if no written move-in checklist was provided.
  • The paperwork: the itemized list, any receipts, and your letters with proof of sending.
  • The law: a printed copy of the statute section, highlighted where it sets the deadline and the penalty.

Several statutes put the burden on the landlord to justify what was kept. Texas says “the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable,” and New York that the landlord “shall bear the burden of proof as to the reasonableness of the amount retained.”

Pre-filled with your state’s statute, the date it was due and any disputed items.

Write the demand letter first

04If you shared the lease

A deposit paid by several roommates is often refunded as one payment. Virginia, for example, says that unless every tenant agrees otherwise in writing, the disposition is made “with one check being payable to all such tenants and sent to a forwarding address provided by one of the tenants.” California likewise defaults to a check payable to all adult tenants unless they sign a different agreement. Before filing, agree among yourselves who is bringing the claim and how any recovery will be split, and say so in your demand.

If your landlord has sold the building, many statutes make the new owner responsible for the deposit. Our state pages quote the transfer rules where we have read them.

05At the hearing

Be brief and chronological. Bring copies for the judge and the landlord, organised in the order you will talk about them. Start with the dates, then the statute, then the evidence of condition. If you are disputing a charge for an old item, show the item’s age and a prorated estimate, and say where the useful life you used comes from. Answer the judge’s questions directly, and if the landlord raises something new, ask to see the document they rely on.

Get help

Court self-help centers and legal aid can explain local procedure. Our state pages list the self-help and legal-aid links we have verified.

Sources

  1. California Courts Self-Help Guide: Small claims. selfhelp.courts.ca.gov/small-claims
  2. Tex. Gov’t Code §27.031 (Texas Legislature). tcss.legis.texas.gov/resources/GV/htm/GV.27.htm
  3. Florida Small Claims Rules, Rule 7.010 (The Florida Bar). www-media.floridabar.org/uploads/2026/08/2026_01-JUL-Small-Claims-Rules-7-1-2026-1.pdf
  4. A.R.S. §22-503 (Arizona Legislature). www.azleg.gov/ars/22/00503.htm
  5. Cal. Civ. Code §1950.5 (California Legislative Information). leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1950.5.&lawCode=CIV
  6. Tex. Prop. Code ch. 92, subch. C (Texas Legislature). tcss.legis.texas.gov/resources/PR/htm/PR.92.htm
  7. N.Y. Gen. Oblig. Law §7-108 (New York State Senate). www.nysenate.gov/legislation/laws/GOB/7-108
  8. RCW 59.18.260 (Washington State Legislature). app.leg.wa.gov/RCW/default.aspx?cite=59.18.260
  9. Va. Code §55.1-1226 (Virginia General Assembly). law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226/