Using
Small Claims Court to Settle Landlord/Tenant Disputes
If you find yourself in a
situation where you are in a dispute with your landlord over a security deposit
or some other legal issue, you may want to consider filing a claim in small
claims court. Small claims court is most appropriate for disputes involving
money. If your case falls within the financial limits in small claims causes of
action, this may be a more practical route than a regular trial court. Each
state will have different financial limits for small claims court. The
procedure to bring a lawsuit in small claims court is fairly simple. You will
pay a small fee to file the claim, file your lawsuit, serve the landlord, show
up on the appointed day to tell the judge your story, and present your
witnesses and evidence. Showing up with persuasive evidence definitely
strengthens your case.
The chart listed below
will give you information on the various financial limits of each state, but
make sure to call the court clerk and ask for the small claims division to
check all exclusions or special rules.
State | Maximum Claim Amount | Special Notes |
Alabama | $3,000 | |
Alaska | $10,000 | |
Arizona | $3,500 | |
Arkansas | $5,000 | |
California | $10,000 |
|
Colorado | $7,500 | |
Connecticut | $5,000 |
|
Delaware | $15,000 | |
District of Columbia | $5,000 | |
Florida | $5,000 | |
Georgia | $15,000 | (no limit in eviction cases). |
Hawaii | $3,500 |
|
Idaho | $5,000 | |
Illinois | $10,000 | |
Indiana | $6,000 | |
Iowa | $5,000 | |
Kansas | $4,000 | |
Kentucky | $2,500 | |
Louisiana | $5,000 (city court); |
|
Maine | $6,000 | |
Maryland | $5,000 | |
Massachusetts | $7,000 | no limit for property damage caused by motor vehicle. |
Michigan | $5,000 | |
Minnesota | $10,000 |
|
Mississippi | $3,500 | |
Missouri | $5,000 | |
Montana | $7,000 | No personal injury or property damage cases are allowed. |
Nebraska | May not exceed $3,600.00 | |
Nevada | $7,500 | |
New Hampshire | $7,500 | |
New Jersey | $3,000 | |
New Mexico | $10,000 | |
New York | $5,000 | The limit is $3,000 in town and village justice courts. |
North Carolina | $10,000 | |
North Dakota | $15,000 | |
Ohio | $3,000 | |
Oklahoma | $7,500 | |
Oregon | $10,000 | |
Pennsylvania | $12,000 | |
Rhode Island | $2,500 |
|
South Carolina | $7,500 | |
South Dakota | $12,000 | |
Tennessee | $25,000 | There's no limit in eviction suits or suits to recover personal property. |
Texas | $10,000 | |
Utah | $10,000 | |
Vermont | $5,000 | |
Virginia | $5,000 | |
Washington | $5,000 | |
West Virginia | $5,000 | |
Wisconsin | $10,000 | no limit in eviction suits |
Wyoming | $6,000 |
