The Steps to Suing Your Landlord
One of the most common tenant-landlord disputes is the return of a security deposit. If you feel your landlord has wrongfully withheld some or all of your deposit, and you have tried to reason with them, you may have the right to file a small claims court case to recover what you are owed.
This guide will walk you through the general steps to sue your landlord in small claims court over a security deposit dispute, following procedures that should apply in all 50 states.
Every state has security deposit laws that dictate:
How much time a landlord has to return the deposit
What deductions are allowed (e.g., unpaid rent, damages beyond normal wear and tear)
Penalties if a landlord wrongfully withholds your deposit
Upload your lease to www.leasewisely.com to check your lease agreement for any relevant clauses and if they adhere to your state’s landlord-tenant laws. If needed, you can often find your state’s laws on your state’s housing department website or by searching on “Security Deposit Laws By State”.
Before taking legal action, it is important that you send written requests, by email and certified mail, asking for the return of your security deposit. In your communication:
Politely remind your landlord of their legal obligation and lease policy
List the amount you believe you are owed
Request an itemized list of deductions (if you haven't received one)
Set a reasonable deadline (e.g., 7-14 days)
This written request serves as evidence that you attempted to resolve the dispute before filing a lawsuit.
To succeed in small claims court, you need strong documentation. Gather the following to improve your case:
Your Lease Agreement – Shows the terms of your security deposit
Move-In & Move-Out Photos/Videos – Proves the condition of the rental
Written Communication – Any emails, texts, or letters regarding maintenance or your deposit
Repair Receipts & Estimates – If your landlord claims damages, request proof
State Laws – Print copies of your state’s security deposit regulations
If your landlord failed to follow the law, such as not returning your deposit within the required timeframe, it strengthens your case.
File your case in the county where the rental property is located. Small claims courts handle tenant-landlord disputes in every state, though names vary:
Small Claims Court (most states)
Justice of the Peace Court (e.g., Texas)
Magistrate Court (e.g., Georgia)
Each state has a maximum dollar limit for small claims cases, typically ranging from $2,500 to $10,000. Filing fees are usually $30 to $100 and some courts offer fee waivers if you qualify.
Complete a Small Claims Complaint Form (available at your local court’s website)
Pay the filing fee
Serve your landlord as soon as possible after filing
This process is called “service of process” and is your responsibility.
Send a certified letter to the defendant’s home or business address to officially notify them of the lawsuit
You may also use a Personal Service or courier with proof of delivery.
If suing more than one defendant, each defendant must receive notice of the lawsuit
Your landlord will have a set time to respond or settle before the hearing date.
At your hearing, be prepared to present your case clearly with all supporting documents. The judge will likely ask:
Why do you believe the deposit was wrongfully withheld?
What proof do you have of the rental’s condition?
Did you follow the proper move-out procedures?
Keep your arguments concise and fact-based. If your landlord violated state laws, the judge may award you not only the withheld deposit but also penalties (such as double or triple damages in some states).
If you win, the court will order your landlord to pay you. If they refuse to comply, you may need to collect through one of these methods:
Request a wage or bank garnishment
Place a lien on their property
Hire a collection agency
Most landlords pay after a judgment to avoid further legal trouble, but be prepared to act.
Filing a small claims court case may seem intimidating, but it’s often the most effective way to recover a wrongfully withheld security deposit. It is important that you have read your lease and adhered to the policies within. The best way to make sure you are aware of your lease policies is by uploading to www.leasewisely.com and checking your lease evaluation and details. Not all landlords act irresponsibly, but by following the steps in this document and understanding your rights, you can stand up to unfair landlord practices and protect your hard-earned money.
LeaseWisely, my friends.