How to sue your landlord for your security deposit in California

Court

Small Claims Court, a division of the Superior Court in each county

Limit

Up to $12,500 for an individual. You can file only two claims over $2,500 in a calendar year.

Filing fee

Between $30 and $100, depending on the amount and how many claims you've filed. You can ask for a fee waiver.

Where to file

Usually the county where the landlord lives or does business, or where the rental is.

Lawyers

You can get advice from a lawyer beforehand, but neither side can have a lawyer represent them in court.

• Ask in writing first. A judge will want to see that you gave the landlord a chance to pay.
• Work out the total: the amount withheld, plus up to twice the deposit if you'll argue bad faith. Everything you claim must fit under the limit.

Not sure of the dates? Check the rules in our California security deposit law guide.

If a court finds the landlord kept the deposit in bad faith, it may award statutory damages of up to twice the amount of the deposit, in addition to actual damages (Civ. Code § 1950.5(m)).

For example, if a landlord kept all of a $1,800 deposit, the most a court could award under the statute is about $5,400, if it finds the landlord acted in bad faith. Courts decide penalties on the facts, so ask for what the statute allows and be ready to explain why it applies.

Everything you claim, penalties included, has to fit under the court's limit, or you give up the excess by filing there.

1. Fill out the claim. Form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court, with the landlord's correct legal name (check your lease or the owner on record).
2. File it with the court clerk. In person, by mail or online where your court allows it, and pay the fee. You'll get a hearing date.
3. Serve the landlord. Someone over 18 who isn't part of the case, a process server or the sheriff delivers the papers, and files proof of service.
4. Prepare your evidence. Organize it by date. Bring three copies of everything: one for you, one for the judge, one for the landlord.
5. Go to the hearing. Tell the judge what you paid, when you moved out, what you got back and when, and which rule was broken. Keep it short and factual.

The landlord has the burden of proving that the amounts they kept were reasonable (Civ. Code § 1950.5(m)).

• Your lease
• Proof of the deposit: receipt, canceled check or bank record
• Move-in and move-out photos or video
• The itemized statement, if any, and its postmark
• Your demand letter and its Certified Mail receipt
• Texts and e-mails with the landlord

Put everything in date order. Judges hear many cases a day, and a clear timeline is the most persuasive thing you can bring.

Each of these has a self-help center or clerk who can explain local filing. Search the court's name plus “small claims” for its current forms and fees.

• Los Angeles County Superior Court
• San Diego County Superior Court
• Orange County Superior Court
• San Francisco Superior Court
• Alameda County Superior Court
• Santa Clara County Superior Court
• Sacramento County Superior Court