Kentucky · Security deposit dispute

Security deposit dispute in Kentucky small claims

Landlord kept your deposit? Take it to small claims.

If your landlord did not return your security deposit, or kept part of it without a proper itemized reason, small claims court is the usual place to get it back. Most states require the landlord to return the deposit (or send an itemized list of deductions) within a set number of days after you move out. Because that specific deadline varies by state and is not a filing statute of limitations, verify it with your court or state housing agency before you rely on it.

In Kentucky, small-claims cases are heard in the Small Claims Division of the District Court and you can sue for up to $2,500 (exclusive of interest and costs).

Security deposit dispute: steps that matter

  1. Document the unit's condition at move-out (photos, video, a signed walkthrough) and keep your lease and move-in records.
  2. Send the landlord a written demand for the deposit, with your forwarding address, and keep proof you sent it.
  3. Check your state's deposit-return rules (how many days the landlord had, and whether an itemized statement was required) with your court or state housing agency.
  4. If the deposit is not returned, file in small claims within the deadline below and bring your lease, photos, and demand letter.

Filing your Small Claims Complaint (AOC-175) in Kentucky

  1. Complete the Small Claims Complaint (AOC-175). Fill out the AOC-175 with the correct name and address of the person or business you are suing and an explanation of the dispute. The clerk cannot fill it out or give legal advice.
  2. File in the correct county (or e-file). File with the Circuit Court Clerk in the county where the defendant lives or does business (contract disputes have exceptions). You can also e-file at ehelp.kycourts.net.
  3. Pay the filing fee. Pay the filing fee when you file. By KRS 24A.270 it equals the District Court fee for claims of $500 or less.
  4. Clerk issues the summons and serves the defendant. The clerk issues the Small Claims Summons (AOC-180) and serves the defendant with the complaint. Tell the clerk whether you want certified mail or sheriff service.
  5. Confirm service and appear at the hearing. Check with the clerk that the defendant was served, then appear at the hearing date listed on the summons with your evidence and witnesses.

Filing fees: The filing fee is set by statute to equal the District Court fee for claims of $500 or less (KRS 24A.270); the official handbook confirms a fee is charged but does not state the dollar amount, so verify it with the clerk. Certified-mail or sheriff service costs are paid separately.

Deadline that applies to your security deposit dispute

A security-deposit claim is generally treated as a contract claim (your lease), so the contract statute of limitations below is the usual outer deadline to sue. Many states ALSO set a separate, shorter deadline for the landlord to return or itemize the deposit — that landlord deadline is set by your state's landlord-tenant statute, not shown here, so confirm it with your court or state consumer/housing agency.

Written contract: 15 years (Kentucky Small Claims Handbook (P-6))

Answering a lawsuit: No written answer is required. The defendant is summoned to appear at the hearing, set 20 to 40 days after service; failing to appear can result in a default judgment.

Serving the defendant: After filing, the Circuit Court Clerk issues the summons (AOC-180) and serves the defendant with the complaint. You choose the method: certified mail (return receipt, postage prepaid to the clerk) or personal service by the Sheriff (fee paid to the Sheriff).

Appeals: Either party may appeal to Circuit Court within 10 days of the judgment being entered (KRS 24A.340), then file a Statement of Appeal within 30 days. The Circuit Court reviews only whether the law was applied correctly; no new evidence is allowed.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: Kentucky Court of Justice: Small Claims Handbook (P-6). Last reviewed 2026-06-24.