Start with your state
Rules, fees, and forms change by state and county. Pick your state to reach the exact court — or start your claim and we will ask where you would sue.
Start my claimWhy not just download the free form?
The forms are free. Why pay?
The forms are free. Knowing what to write in them is not. Most rejected filings are rejected on the claim narrative, not the paperwork.
Can't I just hire a lawyer?
Most attorneys will not take a small claims-sized case, and the ones who will cost more than the claim.
What if I get it wrong?
You refile and pay the fee again. That is the actual cost of guessing.
Common questions
Can a landlord sue a tenant for damages?
Yes. When damage exceeds the security deposit, a landlord can sue the former tenant in small claims for the balance, up to the state limit.
What can a landlord sue a tenant for?
Beyond-normal-wear damage, unpaid repair costs, and cleaning or restoration the deposit didn't cover. Ordinary wear and tear is not recoverable.
What proof does a landlord need?
Move-in and move-out photos, the lease, the itemized deposit accounting, and repair estimates or invoices. We organize them into the claim.
Do I have to return the deposit before suing?
You must follow your state's deposit-accounting rules first; then you sue for the amount above the deposit. We include that step on your checklist.
Your small claims filing packet — $49
Everything above, assembled and filled in with your facts:
- Your court's own forms, with your claim written in the language the court expects
- A demand letter built from the same facts
- A filing checklist with your court's address, hours, and fee
- What to bring to your hearing
Answer a few questions first — starting with where you would sue. See your claim written out before you pay anything.
Reviewed by Small Claims Desk · Last reviewed 2026-08-28 · Sourced from State judiciary self-help resources and each county's clerk of court and Varies by state. See how we verify.