Small Claims Landlord-Tenant FAQ

To sue your California landlord for a security deposit in small claims court, first ensure the legal requirements were violated. Landlords must return security deposits within 21 days after the tenant vacates, along with an itemized statement of any deductions. If the landlord failed to return your deposit or made improper deductions, gather your evidence including:

• Your original lease agreement
• Move-in and move-out inspection reports
• Photographs of the unit's condition when you left
• The landlord's itemization letter if any
• Proof of your forwarding address provided to the landlord

File Form SC-100 in the county where the rental property is located. You can sue for the deposit amount wrongfully withheld plus up to twice the deposit amount in bad faith penalties if the landlord's retention was willful. The statute of limitations is two years.

California law strictly limits what landlords can deduct from security deposits. Allowable deductions include:

• Unpaid rent through the end of tenancy
• Cleaning costs to restore the unit to its move-in condition (beyond ordinary wear and tear)
• Repair of damages caused by the tenant beyond normal wear and tear
• Costs specified in the lease that the tenant agreed to pay

Landlords cannot deduct for normal wear and tear, which includes minor scuffs on walls, carpet wearing from normal foot traffic, fading paint, or minor nail holes. The landlord must provide an itemized statement with receipts for deductions over $125 within 21 days. Landlords who wrongfully withhold deposits can be liable for up to twice the deposit amount in bad faith penalties.

Yes, California tenants can sue landlords for habitability violations in small claims court. Under the implied warranty of habitability, landlords must maintain rental units in livable condition, including working plumbing, heating, electrical systems, and weatherproofing, as well as freedom from pest infestations, mold, and safety hazards.

To sue, document the uninhabitable conditions with photographs and written descriptions. Notify your landlord in writing and give reasonable time to make repairs. Calculate your damages, which may include rent reduction for the period of uninhabitable conditions, out-of-pocket expenses for alternative housing or repairs, property damage, and medical bills if conditions caused health issues. The rent reduction is typically the difference between rent paid and fair rental value given the defects.

Yes, California landlords can sue former tenants for unpaid rent in small claims court after the tenancy ends. Landlords cannot use small claims court for eviction (which requires unlawful detainer proceedings), but can pursue money damages for unpaid rent, lease-breaking damages, or property damage after the tenant has vacated.

To sue for unpaid rent, calculate the total amount owed including base rent, late fees per the lease, and any other amounts specified in the rental agreement. Gather evidence including the lease agreement, rent ledger showing payments and balances, any bounced checks, written communications about payment, and the tenant's forwarding address. File in the county where the rental property is located. Landlords using property managers or corporations are limited to the $6,250 business filing limit.

Strong evidence is crucial for landlord-tenant small claims cases in California. Essential documents include:

• The lease or rental agreement showing terms both parties agreed to
• Photographs documenting the property's condition at move-in and move-out
• Written communications between landlord and tenant
• Receipts for rent payments and any deposits paid
• Move-in and move-out inspection checklists signed by both parties
• Repair request records and landlord responses
• Invoices or estimates for cleaning or repairs

For habitability cases, bring evidence of reported problems, photographs of conditions, documentation of health impacts, and receipts for expenses incurred. Organize evidence chronologically and make copies for the judge and opposing party.

Yes, California tenants can sue landlords for illegal entry in small claims court. Landlords may only enter a rental unit for specific reasons including emergencies, agreed-upon repairs, showing the unit to prospective tenants or buyers, and inspections. Except for emergencies, landlords must provide at least 24 hours written notice and enter only during normal business hours.

If your landlord repeatedly entered without proper notice or for unauthorized reasons, you can sue for actual damages suffered and potentially statutory damages. Document each unauthorized entry including dates, times, and circumstances. Gather evidence such as security camera footage, witness statements, and written complaints. While monetary damages for illegal entry alone may be modest, pattern violations or egregious conduct may support larger awards.

If your California landlord refuses to make necessary repairs, you can sue for damages in small claims court after taking proper steps. First, notify the landlord in writing of needed repairs, keeping copies. Give reasonable time for repairs, typically 30 days for non-emergencies. If the landlord fails to act, you have several remedies including repair and deduct (for repairs up to one month's rent), rent withholding, or suing for damages.

For small claims, calculate damages including the reduced value of your rental due to defects, out-of-pocket repair costs, property damage caused by landlord negligence, and temporary housing costs if uninhabitable. Bring evidence of all repair requests with dates, photographs, receipts for expenses, and documentation of how conditions affected your use of the property.

Yes, California landlords can sue former tenants for property damage beyond normal wear and tear in small claims court. After the tenancy ends, if the security deposit doesn't cover damage costs, the landlord can pursue the tenant for the excess. To succeed, landlords must prove the damage goes beyond normal wear and tear.

Essential evidence includes move-in and move-out inspection reports with photographs, documentation of condition when tenant took possession, detailed photographs of all damage claimed, repair invoices or contractor estimates, and receipts for materials. Normal wear and tear (not chargeable) includes minor scuffs, carpet wear in traffic areas, small nail holes, and faded paint. Damage that can be charged includes holes in walls, stained or burned carpets, broken fixtures, and pet damage.

California allows courts to award up to twice the security deposit amount as a bad faith penalty when landlords wrongfully withhold deposits. This penalty is in addition to returning the actual deposit owed, so a tenant could recover up to three times the deposit amount total.

To obtain bad faith penalties, the tenant must prove the landlord's retention was willful, meaning the landlord knew or should have known the deductions were improper. Evidence of bad faith includes making deductions for clearly normal wear and tear, failing to provide required itemization within 21 days, charging for repairs not actually made, deducting amounts far exceeding actual costs, and refusing to return deposits without explanation. The judge has discretion to award penalties based on the landlord's conduct.

California landlord-tenant small claims cases must be filed in the proper venue, which is typically the county where the rental property is located. This venue rule applies regardless of where the landlord lives or where the tenant moved after vacating.

For security deposit disputes, file in the county where the rental unit is located. For claims about habitability or repair issues, file where the property is located since the conditions occurred there. To file, go to the small claims clerk's office at the courthouse in the correct county, or file online if available. If you file in the wrong county, the defendant can request transfer to the proper venue, delaying your case. Verify the landlord's address for service, which may be a property management company or registered agent for corporate landlords.