Dec 15, 2025
Landlord Ignoring Your Rights? Here’s How to Sue in Small Claims Court
Written by
Kai-Rhie Terry
Attorney Reviewed by
Daniel Ruskin on December 15, 2025
What to Do Before You File a Claim
Start by sending a demand letter to your landlord explaining your dispute - if your landlord has refused to return your deposit or make necessary repairs, or has otherwise ignored your rights, this is the time to frame your case.
If you’ve written a demand letter and your landlord is still unresponsive, small claims court is often the next step to a resolution. Small claims court is designed for regular people and the process is more straightforward than most renters think. If your landlord kept your money unfairly, ignored repair laws, or violated your agreement, you can bring the dispute to a judge who can order them to pay what you’re owed. Legal training isn't necessary and you don’t need an attorney.
Before filing, you need to gather proof and research the law that applies to you. You'll need to consider where and when you file, whether you have to send a demand letter first, how long the landlord legally has to return your deposit, and if you can get back extra money or punitive damages.
Before suing your landlord, carefully consider the risks and liabilities. Your landlord could countersue for damages and you might be liable for their legal fees if you owe back rent, damaged the unit, etc so you’ll want to talk to a lawyer first.
How to Find and File in the Correct Court
You’ll want to start with finding your local court which is a simple process. Just Google "small claims courts + your city" to get the results you need. For example: If you live in Salt Lake City, Utah, you can file your claim in the Salt Lake City Justice Court. For New York City residents, you'd file in New York City Small Claims Court. It is very important that you file in the right jurisdiction. Filing in the wrong place could get your case dismissed. After filing, you must properly serve your landlord. Filing and serving are two separate steps that must be done correctly or your case could be kept from moving forward.
You can often handle this process online through court systems, hire a professional server for a small fee, or let TinyGavel take care of your demand letter for just $5!
If you don’t follow the right steps when taking action against your landlord, you could lose your case. Be sure to carefully read and follow your state’s rules on where to file your case, how to serve your landlord with legal papers, and whether you need to give your landlord a certain amount of time to respond to your demand letter before filing.
While you wait for your court date, start preparing early. Gather proof that could be important to your claim - like photos, videos, text messages, emails, your lease, and any receipts or notices. If you are moving out, it’s a good idea to take a quick video of the unit before you leave to prove that it was in good condition.
What Happens After You File
After filing, you wait for your court date. Once a case is filed, your landlord might try to contact you to settle before the court date. If your landlord offers a settlement, don’t feel obligated to accept it right away. A settlement usually means you’re agreeing to end the dispute and give up the right to ask for anything else later on - so it’s important to make sure the settlement will give you the justice you deserve.
Before saying yes, make sure it’s in writing, the amount being offered actually covers what you’re owed, including your full security deposit, any incorrect deductions, and any damages you may be entitled to under the law. You also want to check whether there are any conditions like confidentiality or deadlines that may affect you.
If you don’t settle, the court will assign a date for the judge to hear your case. You will present your evidence and facts to the judge, who will be familiar with landlord/tenant law. TinyGavel can help by providing an evidence prep packet and reviewing settlement options with you so you’re ready for your day in court.
How to Present Your Case to the Judge
Judges need clear documentation. Save all attempts to contact your landlord about repairs, deposit returns, or charge clarification, especially if they didn't respond. Try to keep things in writing, and take screenshots of any text messages.
Some states also require that you give your landlord a final written notice or “demand letter” before suing - and you may need to prove that you sent this letter in court. It can be as simple as a message explaining what they owe, why, and a deadline for responding. That letter often becomes important evidence later. Sending via a trackable method creates irrefutable proof that they received your notice and it shows that you tried to resolve the issue before moving forward to small claims court.
Collecting Your Money If You Win
If you win, the judge orders the landlord to pay, possibly with added damages. After winning, certify the judgment and formally demand payment by a deadline. If the landlord delays, use discovery to locate assets (bank accounts, wages, property). Then, use court approved methods like freezing accounts, garnishing wages/rent, or placing a property lien to collect the money. The amount will accrue interest, and the judgment is usually renewable.
The court's decision is final and your landlord has to follow it. Small claims court gives regular people the power to challenge their landlords. If you prepare well, know the process, and have solid evidence, you can get the justice you deserve.