What it costs to sue your landlord for a deposit
Small-claims filing fees for a deposit case in all 50 states and DC, and what each fee means against an example $1,000 deposit. Filing is the first expense: service costs may be additional. A written demand gives the landlord a chance to respond before you decide to file.
$45
median filing fee nationwide
$5
cheapest: Washington, D.C.
$287+
highest starting fee: Illinois
26 of 51
states where winners recover attorney fees
Use the ⓘ buttons for local limits and exceptions. Scroll across to see all columns.
| # | State | Filing fee(from) | % of $1,000deposit | Atty feesback | Small-claimslimit | Fee detail |
|---|---|---|---|---|---|---|
| 1 | Washington, D.C.DC | $5 | 0.5% | - | $10,000 | $5-$45 by claim size |
| 2 | New YorkNY | $10 | 1% | - | $10,000 New York small claims $10,000 in NYC; $5,000 in City Courts and Nassau/western Suffolk District Courts; $3,000 in Town/Village Courts | $10-$20 depending on court and claim amount |
| 2 | WyomingWY | $10 | 1% | - | $6,000 | $10 filing (small claims rules) |
| 4 | North DakotaND | $20 | 2% | - | $15,000 | $20 (raised from $10, eff. July 2025) |
| 5 | South DakotaSD | $24.84 | 2.5% | - | $12,000 | $24.84-$42.84 by claim size + $11.84/extra defendant |
| 6 | KentuckyKY | $25 | 2.5% | - | $2,500 | ~$25-$60 (confirm at kycourts.gov) |
| 7 | ArkansasAR | $30 | 3% | yes | $5,000 | $30-$65 by county + service |
| 7 | CaliforniaCA | $30 | 3% | - | $12,500 | $30-$75 by claim size ($100 for frequent filers) |
| 7 | MichiganMI | $30 | 3% | - | $7,000 | $30-$70 by claim size + service |
| 7 | OhioOH | $30 | 3% | yes | $6,000 | $30-$85 (varies by court) |
| 7 | West VirginiaWV | $30 | 3% | - | $20,000 | $30-$50 tiered (fee waiver available) |
| 12 | ColoradoCO | $31 | 3.1% | yes | $7,500 | $31-$55 by claim size |
| 13 | MarylandMD | $34 | 3.4% | yes | $5,000 | ~$34-$44 + service ($10 certified mail / $40 sheriff per defendant) |
| 14 | DelawareDE | $35 | 3.5% | - | $25,000 | $35 below $1,000, $40 from $1,000 through $5,000, $45 above $5,000 (JP Court debt claim); service may add costs |
| 14 | HawaiiHI | $35 | 3.5% | - | No cap Hawaii small claims No monetary limit for residential security-deposit return claims | $35 filing + service costs |
| 14 | IndianaIN | $35 | 3.5% | yes | $10,000 | ~$35-$97 by county (Marion County townships ~$45) |
| 14 | LouisianaLA | $35 | 3.5% | yes | $5,000 | ~$35-$150 by parish |
| 14 | MissouriMO | $35 | 3.5% | - | $5,000 | ~$35-$45 by county |
| 14 | New JerseyNJ | $35 | 3.5% | yes | $5,000 | $35 (+$5/extra defendant), plus $10 mail service per defendant; $50-$75 filing in Special Civil Part above $5,000 |
| 14 | WashingtonWA | $35 | 3.5% | yes | $10,000 | $35-$50 |
| 21 | MassachusettsMA | $40 | 4% | yes | $7,000 | $40-$150 by claim size (+$7 eFiling) |
| 21 | MontanaMT | $40 | 4% | yes | $7,000 | ~$40 + service (county surcharges vary) |
| 21 | VirginiaVA | $40 | 4% | yes | $5,000 | ~$40-$75 by locality + sheriff service |
| 24 | TennesseeTN | $42 | 4.2% | - | $25,000 | $42-$190 depending on county (base fee plus surcharges; the high end includes service of process) |
| 25 | GeorgiaGA | $45 | 4.5% | yes | $15,000 | $45-$55 (varies by county) |
| 25 | OklahomaOK | $45 | 4.5% | yes | $10,000 | ~$45 (≤$5,000) / district-court fees above (~$190-210 all-in) |
| 27 | KansasKS | $49 | 4.9% | - | $10,000 | ~$49-$69 + ~$5/defendant service |
| 28 | AlaskaAK | $50 | 5% | - | $10,000 | $50 (≤$2,500) / $100 (over) |
| 28 | MississippiMS | $50 | 5% | - | $3,500 | ~$50-$100 by county incl. service |
| 30 | TexasTX | $54 | 5.4% | yes | $20,000 | $54 filing + ~$75-$100 service per defendant |
| 31 | AlabamaAL | $55 | 5.5% | - | $6,000 | ~$55-$100 by county and claim size |
| 31 | FloridaFL | $55 | 5.5% | yes | $8,000 | $55-$300 by claim size (county clerk totals) |
| 33 | OregonOR | $57 | 5.7% | yes | $10,000 | $57 (≤$2,500) / $102 (over) - 2026 schedule |
| 34 | ArizonaAZ | $58 | 5.8% | - | $5,000 | ~$58 (Maricopa; counties vary $40-$75) |
| 34 | NebraskaNE | $58 | 5.8% | yes | $7,500 | $58 + service |
| 36 | UtahUT | $60 | 6% | - | $20,000 | $60-$185 by claim size |
| 37 | MinnesotaMN | $65 | 6.5% | - | $20,000 | ~$65-$80 by county; fee waiver available |
| 37 | VermontVT | $65 | 6.5% | yes | $10,000 | $65-$90 by claim size (verify current schedule) |
| 39 | NevadaNV | $66 | 6.6% | - | $10,000 | $66-$196 by claim size (Las Vegas tiers; townships vary) |
| 40 | PennsylvaniaPA | $68.5 | 6.9% | - | $12,000 | $68.50-$171 (by claim size; Philadelphia: Municipal Court) |
| 41 | IdahoID | $69 | 6.9% | yes | $5,000 | ~$69 (secondary sources; confirm current fee) |
| 42 | MaineME | $70 | 7% | yes | $10,000 | $70 (incl. $15 mediation fee) |
| 43 | New MexicoNM | $72 | 7.2% | yes | $10,000 | ~$72-$77 |
| 44 | Rhode IslandRI | $75 | 7.5% | yes | $5,000 | ~$75-76 + service |
| 45 | South CarolinaSC | $80 | 8% | yes | $7,500 | $80 (incl. $10 service) |
| 46 | WisconsinWI | $94.5 | 9.5% | yes | $10,000 | $94.50 total (Wis. Stat. § 814.62, July 2026) |
| 47 | ConnecticutCT | $95 | 9.5% | - | $5,000 | $95 (added to judgment if the tenant wins) |
| 48 | North CarolinaNC | $96 | 9.6% | yes | $10,000 North Carolina small claims $5,000-$10,000 depending on county; confirm the local court limit | $96 + $30/defendant sheriff service |
| 49 | New HampshireNH | $105 | 10.5% | - | $10,000 | $105 for claims up to $5,000, $160 above that (Circuit Court Rule 1.28) |
| 50 | IowaIA | $115 | 11.5% | - | $6,500 | $115 statewide + service |
| 51 | IllinoisIL | $287 | 28.7% | yes | $10,000 | $287-$379 (Cook County, 2026 fee schedule; other counties lower) |
# - rank by the low-end filing fee, cheapest first; states with the same starting fee share a rank. Filing fee (from) - the low end of the state's small-claims filing fee schedule; many states scale fees with claim size, and service of process usually costs extra. Atty fees back - the deposit statute lets a winning tenant recover attorney fees. Courts commonly add filing costs to the judgment when the tenant wins. State links open the step-by-step small-claims guide with the current fee schedule and citations.
Cite as: GetMyDepositBack, Small-Claims Deposit Costs 2026. Licensed CC BY 4.0 - free to reference with a link to this page. Companion dataset: the Deposit Protection Index ranks the same 51 deposit statutes by tenant protection.
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All 51 jurisdictions, with every score broken down by factor.
Filing fees, court limits, and costs relative to a $1,000 deposit.
Free to cite with attribution (CC BY 4.0). Index methodology.
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Before you pay a filing fee, send the letter
A written demand states the amount you dispute and gives the landlord a chance to respond. Keep a copy and proof of delivery for your records. If the dispute continues, check your local court's filing requirements and deadlines.
Frequently asked questions
How much does it cost to sue a landlord over a security deposit?
Small-claims filing fees for a deposit case run from $5 (Washington, D.C.) to $287+ (Illinois), with a median around $45 - plus service costs in most states. In 26 jurisdictions the deposit statute lets a winning tenant recover attorney fees, and many courts add filing costs to the judgment.
Is suing worth it for a small deposit?
Against an example $1,000 deposit the median filing fee is about 5% - and in states with 2x-3x statutory damages the recoverable amount can be a multiple of the deposit. Compare filing and service costs with the amount disputed. A written demand gives the landlord a chance to respond before you file.
Do I need a lawyer to sue for a security deposit?
No - small claims courts are designed for self-represented parties, and deposit cases are among the most common and most tenant-friendly matters they hear. Lawyers are optional and in several states not even allowed at the initial small-claims hearing.
Do I have to sue before getting my deposit back?
A written demand is a common first step. Keep a copy and proof of delivery, and check your local court’s requirements and filing deadlines. A letter does not guarantee a refund.