By following these steps to file a complaint in small claims court, you'll have the best chance of having your security deposit returned to you.
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by Ronna L. DeLoe, Esq.
Ronna L. DeLoe is a freelance writer and a published author who has written hundreds of legal articles. She does...
Updated on: March 29, 2023 · 5 min read
If you're having trouble getting your landlord to refund your security deposit, you always have the option to take them to small claims court.
Every state's law is different, but most states require landlords to return your security deposit within 30 days. Some states require compliance in as few as 14 days, while others allow landlords 60 days to return your deposit. Even if only a few weeks have passed since you've moved out, send another written request for your security deposit if you haven't yet heard from your landlord.
Most states require landlords to send you an itemized list of anything they're deducting from the security deposit.
Landlords cannot charge you for normal wear and tear, which generally means changes due to aging, such as carpeting becoming threadbare or paint getting dingy. However, they can charge you for unusual damage, such as holes in the wall, chips in a porcelain sink, or damage from a pet.
Most states prevent attorneys from appearing for you in small claims court. That doesn't mean attorneys can't help you behind the scenes, such as by calling the landlord for you, writing a letter, or preparing you for court.
Before you proceed to small claims court, try to resolve your claim with the landlord. Sometimes a simple letter from an attorney requesting your security deposit back is all it takes for the landlord to comply.
If you decide to proceed, take the following steps:
The key to winning in small claims court is thorough preparation. Hopefully, you have photos with a date stamp showing how the apartment looked when you moved in and when you moved out. Get the landlord's inventory or report of the move-out inspection. Gather photos, receipts, canceled checks, the lease, inventories, letters to vacate, letters for return of the deposit, an itemized list of deductions, and anything else that shows:
Make copies of your evidence. If you want to bring a witness, you can usually do so. Check with the clerk to see if they can give you a subpoena to serve upon your witness unless you're confident your witness will show up.
When you go to small claims court, bring all the evidence you gathered (plus copies), even if you're not sure you'll need it. Keep your evidence organized so you can retrieve it quickly.
Tell the judge in a respectful manner that you didn't get your deposit back, why you're entitled to it, that you gave the landlord proper notice to vacate, and that you left the apartment in excellent condition. Offer to show the court the lease and photos to prove the apartment's condition.
State your case similar to what's in your complaint, in short, easy-to-understand sentences, and in an audible voice. Ask for your security deposit back and for punitive damages.
Sometimes the judge will render a decision at the hearing, and sometimes you'll receive the decision in the mail.
If your case is good, you should get a judgment for at least some, if not all, of your security deposit. Sometimes a judge will determine that some damages are beyond normal wear and tear. Still, if you are owed a substantial amount of money, small claims court is the best way to get back your security deposit, or at least part of it.
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