Suing for your security deposit in California small claims court

Start with a written demand

Before you file, write to the landlord. State the amount of the deposit, your move-out date, the date you gave your forwarding address and why the deductions are wrong or why no statement was sent within 21 days. Ask for payment by a specific date, and mention that you will go to small claims court if it is not paid. Keep a copy and proof of sending. The small claims forms ask whether you demanded payment first.

Many disputes settle at this stage. If the landlord offers part of the amount, consider it carefully, and put any agreement in writing.

Filing your claim

You file a Plaintiff's Claim (form SC-100) in the small claims court for the area where the rental is or where the landlord lives or does business, and pay a filing fee unless you qualify for a fee waiver. You must then have the claim served on the landlord within the deadlines the court sets. The California Courts Self-Help Guide explains the forms, the fees and the service rules.

In small claims court, people generally represent themselves; attorneys usually cannot appear for a party at the hearing, but you can get advice before the hearing. Many courts have a small claims advisor who can help for free.

• Name the correct defendant: the landlord or the owner, not just the property manager's employee.
• Ask for the amount wrongly withheld and, if you believe the landlord acted in bad faith, the additional damages.
• Bring three copies of your evidence to the hearing.

Evidence that wins deposit cases

Bring your lease, proof of the deposit you paid, the move-in checklist, dated move-in and move-out photos or videos, the landlord's itemized statement and receipts if any, your forwarding address letter, and messages with the landlord. Under Civil Code § 1950.5, the landlord must prove that the deductions were reasonable, and deductions for normal wear and tear are not allowed. Clear photos taken on the day you returned the keys are often decisive.

If the landlord never sent an itemized statement within 21 days, say so clearly and show the dates. If you think the landlord acted in bad faith, explain why, for example deductions for damage that was already there at move-in.

After the hearing

The judge decides the case at the hearing or by mail. If you win, the landlord must pay, but collection is your responsibility, and the court's self-help pages explain the options. A landlord who loses may be able to appeal, which leads to a new hearing in the Superior Court. A tenant who brought the claim generally cannot appeal a loss on their own claim, so prepare well the first time.