How to File a Small Claims Lawsuit for the Return of a Security Deposit

In court, the judge will balance your claims against those of the landlord.

When you sign a lease for a rental property, you will be asked for a security deposit. This is to protect the landlord in case you damage the property or default on your lease. At the end of your lease, you are entitled to receive your security deposit, provided you have not damaged the property or defaulted on the terms of your lease. If your landlord fails to return your security deposit in a timely fashion, you can sue him in small-claims court.

Instructions

1. Demand payment from your landlord in writing. The judge may want to see that you attempted to settle the matter before taking your claim to the small-claims court. If the landlord returns the money, you will not need to proceed with your lawsuit.

2. Contact the small-claims court in the county where your landlord conducts his business. This is most likely where the rental property is located, but check your lease for the landlord's or property agent's address. You will need to see the clerk at the county court.

3. Fill out the form provided by the clerk. For example, in Polk County, Florida, the form is called a Statement of Claim form. The Statement of Claim form will ask you to clearly explain the facts of the case and how much money you are asking to be awarded, as well as the name and address of your landlord.

4. Include copies of any documents you have to support your claim, such as your lease agreement and receipts for your deposit. Pay the filing fee when you submit your Statement of Claim form to the clerk. The fee amount will depend on how much money you are suing the landlord for.

5. Provide the landlord with a copy of your claim. This can be done by certified mail through the court clerk or in person via a process server.

6. Prepare your case for your day in court. Collect documents and evidence, and ask witnesses to appear on your behalf. Compile notes and practice what you will say to the judge.

7. Appear in court. Be sure to have all of your evidence ready and that your witnesses appear. The judge will guide you through the informal process.

8. Request that the judge awards you all costs incurred from going to court if you win.

   You will most likely not be able to appeal if you lose, unless the court made an error in applying the law.

Tips & Warnings

• Attend the court prior to your trial and observe some small-claims court proceedings. If possible, try to view your judge's cases. This will give you an idea of the process and how your judge behaves in court.

• There is usually a statute of limitations, or time limit, for you to file your claim. Be sure to do so promptly after the dispute arises.

References

• All Business: Small Claims Court Basics
• Legal Zoom: Small Claims Court: How To Get Your Security Deposit Back
• Florida's 10th Judicial Circuit: All About Small Claims