3 tips if you’re suing your landlord in small claims court for your security deposit
- Renters file in small claims court as long as the amount you seek is less than $10,000
- You pay a small administrative fee of $15 and represent yourself before a judge
By my unofficially tally, at least a quarter of the cases I heard involved renters who were fighting to get their security deposits returned.
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I spent several hours at small claims court in Brooklyn yesterday, arriving stressed and annoyed that I had to take time off to pursue a small amount of money owed to me (my case did not involve real estate so I’ll skip the details). But I left rather impressed with the experience.
I was surprised at the number of New Yorkers who were there for housing-related issues: At least a quarter of the cases I listened to while I waited my turn involved renters who were fighting to get their security deposits returned.
Why were they in small claims court as opposed to housing court? Because once you vacate an apartment and are no longer a tenant, the correct venue for a suit is small claims court, where you can defend yourself, as long as the amount you are seeking is less than $10,000. You pay a $15 fee to file your case.
If the amount you are seeking is more than $10,000, then you pursue your case in civil court (and you need representation).
Alternatives to going to court
Going to court is not your only option if you feel a landlord owes you your security deposit. As Brick has written, you can use LawDroid’s online chatbot to draft a letter to your landlord to demand the return of your security deposit. Here’s a template Brick created with the bot, called Depositron, if you want a document you can quickly adapt.
Your landlord is supposed to return your money to you, minus any repair costs, within 14 days.
If they don’t meet this deadline, they forfeit the right to keep any portion of your deposit and could even be liable for damages up to twice the amount of the deposit.
If they fail to respond to your letter and the 14-day window has passed, you can file a complaint with the New York Attorney General's office online or by downloading and mailing this form. (And yes, complaints to the AG’s office do work.)
Advantages of small claims court
So what is the advantage of taking a landlord to small claims court—as opposed to the ease of sending a bot-written letter via email?
I suspect it is the human element. For me, the opportunity to have my case heard by a judge felt cathartic.
Instead of firing off emails and text messages into the void, as I had been doing with no success, I was finally in a courthouse, where everyone was serious about their responsibilities, especially Judge Mark Kagan, who listened intently and with great patience to each side. In some cases, he worked with the two parties to reach a resolution. In other cases, he said he would deliver a decision within 30 days.
The person I sued was a no show, as is their right, so they weren’t required to explain their behavior, something I was looking forward to.
But even though it took me six months to have my case heard (a snowstorm delayed the initial trial), and I had to wait hours for my turn, I left the courthouse feeling lighter than when I went in and hopeful about the outcome of my case.
Below are three observations to make your experience in small claims court go more smoothly. For more detailed instructions, check out this comprehensive article from The Legal Aid Society.
1) Be clear and support your case
Be prepared to talk about your case succinctly and back it up with documentation. Have a short 20-second answer for when the judge asks, "what is this case about?" and a longer (think three to five minutes) explanation for when you’re asked to provide more detail.
It’s a good idea to write down your statement so you can refer to any important facts. Bring any documentation (more on this below) you have that supports your case and quantifies the amount you are seeking. You may be asked to leave a copy for the judge to look at later.
Ideally, before you moved into your apartment, you requested an inspection. When you do this, a landlord must give you a walk-through to document the condition of the unit and any existing damage.
When you move out, you should also request a walkthrough, and the landlord needs to promptly give an itemized statement of any charges or forfeit the right to keep any part of the deposit. Important: Landlords can't withhold funds for normal wear and tear.
2) Arrive early and travel light
Arrive early and be prepared to go through a metal detector. You’ll be asked to empty your pockets and scan your belongings.
If the guards find something that needs to be kept out of the courtroom (like the man ahead of me who had a Swiss Army knife) you’ll get a receipt so you can reclaim it later, but you’re going to create a delay if you need to go through this process. If it’s something you can’t take into the cabin of an airplane, it’s probably best to leave it at home.
3) Plan to show up in person
You have the ability to appear for your case online, however, on the day I was there, there were technical difficulties. One defendant had a poor Internet connection and her audio couldn’t be heard. She also sent her supporting documents to the wrong email address and they couldn’t be retrieved.
If you can physically get to the courtroom, it seems like the smarter bet.
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