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 a typical $1,000 deposit. Filing is the price of the courthouse door - most disputes settle for the cost of a certified-mail demand letter instead.
$45
median filing fee nationwide
$5
cheapest: Washington, D.C.
$287+
priciest: Illinois
26 of 51
states where winners recover attorney fees
| State | Filing fee (from) | % of $1,000 deposit | Atty fees back | Small-claims limit | Fee detail |
|---|---|---|---|---|---|
| Washington, D.C.DC | $5 | 0.5% | - | $10,000 | $5-$45 by claim size |
| WyomingWY | $10 | 1% | - | $6,000 | $10 filing (small claims rules) |
| New YorkNY | $15 | 1.5% | - | $10,000 | $15-$20 statewide |
| North DakotaND | $20 | 2% | - | $15,000 | $20 (raised from $10, eff. July 2025) |
| South DakotaSD | $24.84 | 2.5% | - | $12,000 | $24.84-$42.84 by claim size + $11.84/extra defendant |
| KentuckyKY | $25 | 2.5% | - | $2,500 | ~$25-$60 (confirm at kycourts.gov) |
| ArkansasAR | $30 | 3% | yes | $5,000 | $30-$65 by county + service |
| CaliforniaCA | $30 | 3% | - | $12,500 | $30-$75 by claim size ($100 for frequent filers) |
| MichiganMI | $30 | 3% | - | $7,000 | $30-$70 by claim size + service |
| OhioOH | $30 | 3% | yes | $6,000 | $30-$85 (varies by court) |
| West VirginiaWV | $30 | 3% | - | $20,000 | $30-$50 tiered (fee waiver available) |
| ColoradoCO | $31 | 3.1% | yes | $7,500 | $31-$55 by claim size |
| MarylandMD | $34 | 3.4% | yes | $5,000 | ~$34-$44 + service ($10 certified mail / $40 sheriff per defendant) |
| HawaiiHI | $35 | 3.5% | - | $5,000 | $35 filing + service costs |
| IndianaIN | $35 | 3.5% | yes | $10,000 | ~$35-$97 by county (Marion County townships ~$45) |
| LouisianaLA | $35 | 3.5% | yes | $5,000 | ~$35-$150 by parish |
| MissouriMO | $35 | 3.5% | - | $5,000 | ~$35-$45 by county |
| New JerseyNJ | $35 | 3.5% | yes | $5,000 | $35 (+$5/extra defendant); $50-$75 in Special Civil Part above $5,000 |
| WashingtonWA | $35 | 3.5% | yes | $10,000 | $35-$50 |
| MassachusettsMA | $40 | 4% | yes | $7,000 | $40-$150 by claim size (+$7 eFiling) |
| MontanaMT | $40 | 4% | yes | $7,000 | ~$40 + service (county surcharges vary) |
| VirginiaVA | $40 | 4% | yes | $5,000 | ~$40-$75 by locality + sheriff service |
| TennesseeTN | $42 | 4.2% | - | $25,000 | $42-$190 depending on county (base fee plus surcharges; the high end includes service of process) |
| DelawareDE | $45 | 4.5% | - | $25,000 | $45 landlord-tenant filing (JP Court fee schedule) |
| GeorgiaGA | $45 | 4.5% | yes | $15,000 | $45-$55 (varies by county) |
| OklahomaOK | $45 | 4.5% | yes | $10,000 | ~$45 (≤$5,000) / district-court fees above (~$190-210 all-in) |
| KansasKS | $49 | 4.9% | - | $10,000 | ~$49-$69 + ~$5/defendant service |
| AlaskaAK | $50 | 5% | - | $10,000 | $50 (≤$2,500) / $100 (over) |
| MississippiMS | $50 | 5% | - | $3,500 | ~$50-$100 by county incl. service |
| TexasTX | $54 | 5.4% | yes | $20,000 | $54 filing + ~$75-$100 service per defendant |
| AlabamaAL | $55 | 5.5% | - | $6,000 | ~$55-$100 by county and claim size |
| FloridaFL | $55 | 5.5% | yes | $8,000 | $55-$300 by claim size (county clerk totals) |
| OregonOR | $57 | 5.7% | yes | $10,000 | $57 (≤$2,500) / $102 (over) - 2026 schedule |
| ArizonaAZ | $58 | 5.8% | - | $5,000 | ~$58 (Maricopa; counties vary $40-$75) |
| NebraskaNE | $58 | 5.8% | yes | $7,500 | $58 + service |
| UtahUT | $60 | 6% | - | $20,000 | $60-$185 by claim size |
| MinnesotaMN | $65 | 6.5% | - | $20,000 | ~$65-$80 by county; fee waiver available |
| VermontVT | $65 | 6.5% | yes | $10,000 | $65-$90 by claim size (verify current schedule) |
| NevadaNV | $66 | 6.6% | - | $10,000 | $66-$196 by claim size (Las Vegas tiers; townships vary) |
| PennsylvaniaPA | $68.5 | 6.9% | - | $12,000 | $68.50-$171 (by claim size; Philadelphia: Municipal Court) |
| IdahoID | $69 | 6.9% | yes | $5,000 | ~$69 (secondary sources; confirm current fee) |
| MaineME | $70 | 7% | yes | $10,000 | $70 (incl. $15 mediation fee) |
| New MexicoNM | $72 | 7.2% | yes | $10,000 | ~$72-$77 |
| Rhode IslandRI | $75 | 7.5% | yes | $5,000 | ~$75-76 + service |
| South CarolinaSC | $80 | 8% | yes | $7,500 | $80 (incl. $10 service) |
| New HampshireNH | $90 | 9% | - | $10,000 | ~$90-$160 (sources conflict; confirm current schedule) |
| WisconsinWI | $94.5 | 9.5% | yes | $10,000 | $94.50 total (Wis. Stat. § 814.62, July 2026) |
| ConnecticutCT | $95 | 9.5% | - | $5,000 | $95 (added to judgment if the tenant wins) |
| IowaIA | $95 | 9.5% | - | $6,500 | $95 statewide + service |
| North CarolinaNC | $96 | 9.6% | yes | $10,000 | $96 + $30/defendant sheriff service |
| IllinoisIL | $287 | 28.7% | yes | $10,000 | $287-$379 (Cook County, 2026 fee schedule; other counties lower) |
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. Free to reference with a link to this page.
Before you pay a filing fee, send the letter
A certified-mail demand letter citing your state's statute and penalties costs a few dollars and settles most deposit disputes without a courtroom. If it doesn't, you walk in with the strongest exhibit there is: proof the landlord ignored the law in writing.
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 a typical $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. Most cases never reach a courtroom: a certified-mail demand letter citing the statute settles the majority.
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?
Almost never as a first step. Send a written demand by certified mail citing your state statute and its penalties first - it costs a few dollars, preserves your evidence trail, and resolves most disputes without a filing fee.