Forms & Documents

How to Prepare a Small Claims Case Against Your Landlord

By
Arta Wildeboer Esq.

Apr 23, 2025

A man preparing a small clains case at a desk that has some paperwork and a judges gavel and a stack of money

💰 For Wrongfully Keeping Your Security Deposit in California

🚨 First, What the Law Says (CA Civil Code § 1950.5)

Your landlord must:

  • Return your security deposit within 21 days of you moving out OR

  • Send an itemized list of deductions, plus any remaining amount

  • Include receipts or good-faith estimates for deductions over $125

They can’t keep the deposit just because:

  • You broke the lease early (unless there’s unpaid rent or actual damage)

  • There’s normal wear and tear (faded paint, worn carpet, etc.)

  • They just “feel” like you left it dirty without proof

✅ Step-by-Step Checklist to Build Your Case

📷 Step 1: Document Everything (Before and After Move-Out)

Item

What to Do

Photos/videos

Take clear pictures before move-in and after move-out. Time/date stamp them if possible.

Move-in checklist

If you got one when you moved in, save it or request a copy.

Move-out cleaning log

List what you cleaned. Save supply receipts if possible.

Forwarding address

Prove you gave it in writing (text, email, lease form, certified mail).

📬 Step 2: Send a Final Demand Letter (If 21 Days Pass)

Subject: Demand for Return of Security Deposit

Dear [Landlord],

I moved out of [address] on [date]. As of today, [date], you have not returned my security deposit or provided an itemized list of deductions.

Under California Civil Code § 1950.5, you were required to do so within 21 days.

I am demanding the full return of my $[amount] deposit by [7 days from today]. If not, I will file a claim in Small Claims Court.

Sincerely,

[Your Name]

[Phone/Email]

✅ Send it via certified mail and email/text for proof.

🧾 Step 3: Organize Your Evidence

Create a physical or digital folder with:

  • Lease agreement

  • Photos (move-in and move-out)

  • Cleaning proof

  • Forwarding address message

  • Security deposit receipt

  • Demand letter + proof of sending

  • Any texts/emails from landlord after move-out

📌 Pro Tip: Use Google Drive or a paper folder to bring to court.

📄 Step 4: File in Small Claims Court

Task

Notes

File your case

Go to my.lacourt.org or your local courthouse

Use Form SC-100

That’s your Plaintiff’s Claim

Filing Fee

$30–$75 (can be waived based on income—ask for FW-001)

Defendant’s name

Must be correct legal name of landlord or property company

Statute of Limitations

4 years if you had a written lease, 2 years if it was verbal

🧠 Step 5: Know What to Say in Court

The judge wants facts. Keep it tight:

“Your Honor, I moved out on [date]. I gave my forwarding address. My landlord did not return my $[amount] deposit or give an itemized list within 21 days.

I cleaned the unit and have photos and receipts. I’m asking for the full deposit and a penalty for bad faith under Civil Code § 1950.5(l).”

📌 The judge may award 2x the deposit as a penalty if the landlord acted in bad faith (e.g., lied, ignored the law, or ghosted you).

👩‍👧‍👦 For Neurodivergent Families: Know This

Landlords sometimes blame:

  • Wall dents from safety gates

  • Noise-related wear (scratches, impact)

  • Messes during meltdowns or medical crises

➡️ These may count as normal wear and tear or disability-related impacts

➡️ You can use a letter from your caseworker or therapist to explain that this was not “damage” under the law

🧠 Bonus: Ask for Mediation Through ODR

Before your hearing, you can request Online Dispute Resolution (ODR) for free.

If the landlord agrees, you may settle your case online and avoid going to court at all.

Go to:

👉 LA County ODR Portal

🧾 Example Case: Rosa in Paramount

Rosa moved out of her two-bedroom Section 8 unit with her autistic son.

The landlord refused to return her $1,500 deposit, claiming “deep cleaning” was needed. But Rosa had photos, cleaning supply receipts, and a letter from her Regional Center caseworker showing her son’s condition required extra safeguards—none of which caused damage.

✅ She won in Small Claims. The judge awarded her $3,000—the deposit plus the bad faith penalty.

🛠 Summary: Build a Winning Case

✅ Photos

✅ Receipts

✅ Timeline

✅ Demand letter

✅ Legal code on your side

✅ Calm story, clear facts

📞 Need Help?

  • LAFLA Small Claims Advisors: (800) 399-4529

  • Housing Rights Center: (800) 477-5977

  • Regional Center Caseworker: Ask for a support letter for housing impact