Security deposit dispute in small claims court

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.

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.

Find your state's guide

• Texas — up to $20,000 · Justice Court (Justice of the Peace) ✓ Auto-fill
• Connecticut — up to $5,000 · Small Claims Court (a session of the Superior Court) ✓ Auto-fill
• Delaware — up to $25,000 · Justice of the Peace Court ✓ Auto-fill
• Hawaii — up to $5,000 · Small Claims Division of the District Court ✓ Auto-fill
• Kansas — up to $10,000 · the small claims division of the District Court ✓ Auto-fill
• Maryland — up to $5,000 · Small Claims division of the District Court of Maryland ✓ Auto-fill
• Michigan — up to $7,000 · Small Claims Division of the District Court ✓ Auto-fill
• Missouri — up to $5,000 · Small Claims Court (the small claims division of the Circuit Court) ✓ Auto-fill
• North Dakota — up to $15,000 · Small Claims Court (a division of the District Court) ✓ Auto-fill
• Pennsylvania — up to $12,000 · Magisterial District Court ✓ Auto-fill
• South Dakota — up to $12,000 · Small Claims Court (within the Circuit Court system) ✓ Auto-fill
• California — up to $12,500 · Small Claims Court (the small claims division of the Superior Court)
• New York — up to $10,000 · Small Claims Court (the small claims part of the local civil court)
• Florida — up to $8,000 · County Court (Small Claims division)
• Illinois — up to $10,000 · Circuit Court (Small Claims)
• Ohio — up to $6,000 · Small Claims Division of the Municipal or County Court
• North Carolina — up to $10,000 · Small Claims Court (heard by a magistrate in the District Court division)
• New Jersey — up to $5,000 · Small Claims Section of the Special Civil Part (Superior Court, Law Division)
• Virginia — up to $5,000 · Small Claims Division of the General District Court
• Washington — up to $10,000 · District Court (Small Claims Department)
• Georgia — up to $15,000 · Magistrate Court
• Massachusetts — up to $7,000 · District Court, Boston Municipal Court, or Housing Court (small claims)
• Indiana — up to $10,000 · Small Claims docket of the Circuit or Superior Court
• Wisconsin — up to $10,000 · Circuit Court (Small Claims)
• Colorado — up to $7,500 · Small Claims Court (a division of the County Court)
• Minnesota — up to $20,000 · Conciliation Court
• South Carolina — up to $7,500 · Magistrates Court
• Louisiana — up to $5,000 · Small Claims Division of a City Court
• Arizona — up to $5,000 · Small Claims Division of the Justice Court
• Arkansas — up to $5,000 · Small Claims Division of the District Court
• Idaho — up to $5,000 · Small Claims Department of the Magistrate Division of the District Court
• Iowa — up to $6,500 · District Court (small claims docket)
• Kentucky — up to $2,500 · Small Claims Division of the District Court
• Maine — up to $10,000 · Small Claims Court (a session of the District Court)
• Montana — up to $7,000 · Small Claims Court (a division of the Justice Court)
• Nebraska — up to $7,500 · Small Claims Court (a division of the county court)
• Nevada — up to $10,000 · Justice Court (small claims division)
• New Hampshire — up to $10,000 · Circuit Court, District Division
• New Mexico — up to $10,000 · Magistrate Court (Metropolitan Court in Bernalillo County)
• Oklahoma — up to $10,000 · District Court (small claims docket)
• Rhode Island — up to $5,000 · Rhode Island District Court (Small Claims)
• Utah — up to $20,000 · Justice Court
• Vermont — up to $10,000 · Vermont Superior Court, Civil Division (small claims)
• West Virginia — up to $20,000 · Magistrate Court
• Wyoming — up to $6,000 · Circuit Court (Small Claims)
• District of Columbia — up to $10,000 · Small Claims and Conciliation Branch, Civil Division, Superior Court of the District of Columbia
• Oregon — up to $10,000 · Small Claims Department of the Circuit Court

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: always verify with your local court.