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How to Sue Your Landlord for a
Security Deposit in
California Small Claims Court

If your landlord has ignored your demand letter or failed to return your security deposit within the mandatory 21-day period, California Small Claims Court is your most powerful next step. The system is designed for individuals to seek justice without a lawyer, and the state’s laws provide strong penalties for landlords who act in “bad faith.”

This guide will walk you through the entire process of filing a small claims case to recover your deposit. We will cover the court forms, the filing process, and the evidence you need to build a winning case against your landlord.

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Understanding Your Legal Basis for Suing in California

Your lawsuit is built on a clear violation of California Civil Code § 1950.5. As our California Security Deposit Demand Letter Guide explained, your landlord has only 21 calendar days after you move out to return your full deposit or provide a detailed, itemized statement of deductions.

If your landlord missed the 21-day deadline, failed to provide an itemized list, or made improper deductions for “normal wear and tear,” they have broken the law. Small Claims Court is where you hold them accountable. If you can show a judge the landlord kept your deposit in “bad faith,” the court can award you up to twice the amount of the deposit in penalties, in addition to your original deposit back.

California security deposit law infographic

This Guide Covers:

  • The $10,000 limit for California Small Claims Court

  • A step-by-step guide to filling out the “Plaintiff’s Claim” (SC-100)

  • How to properly “serve” the lawsuit on your landlord

  • The evidence you need to prove your case and win “bad faith” damages

  • How Sue.com can help you prepare your court forms

Key Questions Before You File Your Case

How Much Can I Sue For?

As an individual, you can sue for up to $10,000 in California Small Claims Court. This limit is high enough to cover your original deposit plus the 2x bad faith penalty (e.g., $2,000 deposit + $4,000 penalty = $6,000 total claim).

Where Do I File My Case?

You must file your case in the correct court, or “venue.” For a security deposit dispute, you can file in the county where the rental property is located. You will file your forms with the Clerk of the Superior Court for that county.

How Long Do I Have to File? (Statute of Limitations)

The time limit to file depends on your lease. For a breach of a written lease, you have four years. For a breach of an oral (verbal) lease, you have two years. You should file your case as soon as possible after the landlord has refused to return your deposit.

How to File Your Small Claims Case in California: A Step-by-Step Guide

Step 1: Get the Correct Forms

The main form to start your lawsuit is called “Plaintiff’s Claim and ORDER to Go to Small Claims Court” (Form SC-100). You can get this form from any California courthouse or download it from the official courts.ca.gov website.

Step 2: File Your Forms with the Court Clerk

You must file the completed SC-100 form with the Superior Court Clerk in the proper county. Many counties in California now offer or require “e-filing” through their court’s website. You will state who you are, who you are suing (the landlord), and why you are owed money (e.g., “Landlord failed to return $2,000 security deposit in violation of Civil Code § 1950.5”).

Step 3: Pay the Filing Fees

You will have to pay a filing fee, which is based on the amount you are suing for (e.g., $30 for claims under $1,500, $50 for claims up to $5,000). If you win, the judge will almost always add your filing fees to the judgment, meaning the landlord has to pay you back.

Step 4: "Serve" the Claim on Your Landlord

This is a critical legal step. You must have your landlord “served” with a copy of the filed SC-100 form. You cannot do this yourself. You must have it served by:

  • The County Sheriff: You can pay the Sheriff’s office to serve the papers.

  • A Licensed Private Process Server: A professional who will deliver the documents.

  • A Friend or Family Member: Any adult over 18 who is not part of the case can serve the papers.

  • Certified Mail: You can pay the court clerk to serve the papers via certified mail.

Gathering Your Evidence to Win

You must be prepared to prove your case to the judge. Bring organized copies of all your evidence to the hearing. Your evidence file should include:

  • The Lease: Your original signed lease agreement.

  • Proof of Payment: Canceled checks or bank statements proving you paid the security deposit.

  • The Demand Letter: A copy of the formal demand letter you sent.

  • Mail Receipts: The certified mail receipt for your demand letter, proving the landlord received it.

  • Move-In/Move-Out Photos: This is your most powerful evidence. A video or photos from move-in and move-out showing the clean condition of the unit will destroy a landlord’s false claims of “damage.”

  • All Communications: Any emails, texts, or letters between you and your landlord about the deposit or move-out.

How Sue.com Helps You File Your Case

The California court system, with its specific forms and e-filing portals, can be intimidating. Our $99 Small Claims Court Package is built to give you the confidence to file correctly.

The $39 Demand Letter was the first step. This is the next. We move beyond just a guide and help you:

  • Prepare Your Official “SC-100” Form: We help you fill out the Plaintiff’s Claim form, making sure you clearly state your case for bad faith damages under § 1950.5.

  • Navigate E-Filing: We provide guidance on using your county’s online e-filing system.

  • Organize Your Evidence: We’ll help you structure your evidence file to present a clear, simple, and powerful case to the judge.

This package is designed to demystify the process and help you take the final step to recover your money.

Resources

Step 1

Answer a Few Simple Questions

Tell us what happened — who owes you, how much, and why. Our system guides you step-by-step with no legal jargon.

Step 2

We Draft Your California Demand Letter

Using your answers, we instantly generate a professionally written, legally sound California demand letter tailored to your situation.

Step 3

We Mail It for You

We print and mail the California demand letter directly to the recipient via USPS — creating proof you attempted to resolve the matter before court.

California security deposit demand letter

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Got questions about how Sue.com works, what’s included in each package, or what happens after your letter is sent? We’ve got you covered — quick, clear answers to help you move forward with confidence.

What is the maximum amount I can sue for in California Small Claims Court?

As an individual, you can sue for up to $10,000. If you are a business (like an LLC or corporation), the limit is $5,000.

This is the official, two-page form used to start all small claims cases in California. It’s called the “Plaintiff’s Claim and ORDER to Go to Small Claims Court.”

“Bad faith” is when the landlord knowingly and intentionally keeps your deposit without a valid reason. The best evidence is showing they missed the 21-day deadline, refused to provide an itemized list, or charged you for things that were clearly “normal wear and tear.”

No. In fact, you are not allowed to have a lawyer represent you in a California small claims hearing. The system is designed for you to speak for yourself.

If you have proof that your landlord was properly served with the SC-100 and they don’t appear, the judge will hear your side of the story and, if your evidence is sufficient, will likely grant you a “default judgment” for the full amount you are asking for.

Need help or stuck on something? Our team’s ready to jump in anytime through 24/7 live chat.