original analysis · 2026fee schedules reviewed August 2026

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.

Small-claims filing fees and limits in all 50 states and DC
#StateFiling fee(from)% of $1,000depositAtty feesbackSmall-claimslimitFee detail
1Washington, D.C.DC$50.5%-
$10,000
$5-$45 by claim size
2New YorkNY$101%-
$10,000
$10-$20 depending on court and claim amount
2WyomingWY$101%-
$6,000
$10 filing (small claims rules)
4North DakotaND$202%-
$15,000
$20 (raised from $10, eff. July 2025)
5South DakotaSD$24.842.5%-
$12,000
$24.84-$42.84 by claim size + $11.84/extra defendant
6KentuckyKY$252.5%-
$2,500
~$25-$60 (confirm at kycourts.gov)
7ArkansasAR$303%yes
$5,000
$30-$65 by county + service
7CaliforniaCA$303%-
$12,500
$30-$75 by claim size ($100 for frequent filers)
7MichiganMI$303%-
$7,000
$30-$70 by claim size + service
7OhioOH$303%yes
$6,000
$30-$85 (varies by court)
7West VirginiaWV$303%-
$20,000
$30-$50 tiered (fee waiver available)
12ColoradoCO$313.1%yes
$7,500
$31-$55 by claim size
13MarylandMD$343.4%yes
$5,000
~$34-$44 + service ($10 certified mail / $40 sheriff per defendant)
14DelawareDE$353.5%-
$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
14HawaiiHI$353.5%-
No cap
$35 filing + service costs
14IndianaIN$353.5%yes
$10,000
~$35-$97 by county (Marion County townships ~$45)
14LouisianaLA$353.5%yes
$5,000
~$35-$150 by parish
14MissouriMO$353.5%-
$5,000
~$35-$45 by county
14New JerseyNJ$353.5%yes
$5,000
$35 (+$5/extra defendant), plus $10 mail service per defendant; $50-$75 filing in Special Civil Part above $5,000
14WashingtonWA$353.5%yes
$10,000
$35-$50
21MassachusettsMA$404%yes
$7,000
$40-$150 by claim size (+$7 eFiling)
21MontanaMT$404%yes
$7,000
~$40 + service (county surcharges vary)
21VirginiaVA$404%yes
$5,000
~$40-$75 by locality + sheriff service
24TennesseeTN$424.2%-
$25,000
$42-$190 depending on county (base fee plus surcharges; the high end includes service of process)
25GeorgiaGA$454.5%yes
$15,000
$45-$55 (varies by county)
25OklahomaOK$454.5%yes
$10,000
~$45 (≤$5,000) / district-court fees above (~$190-210 all-in)
27KansasKS$494.9%-
$10,000
~$49-$69 + ~$5/defendant service
28AlaskaAK$505%-
$10,000
$50 (≤$2,500) / $100 (over)
28MississippiMS$505%-
$3,500
~$50-$100 by county incl. service
30TexasTX$545.4%yes
$20,000
$54 filing + ~$75-$100 service per defendant
31AlabamaAL$555.5%-
$6,000
~$55-$100 by county and claim size
31FloridaFL$555.5%yes
$8,000
$55-$300 by claim size (county clerk totals)
33OregonOR$575.7%yes
$10,000
$57 (≤$2,500) / $102 (over) - 2026 schedule
34ArizonaAZ$585.8%-
$5,000
~$58 (Maricopa; counties vary $40-$75)
34NebraskaNE$585.8%yes
$7,500
$58 + service
36UtahUT$606%-
$20,000
$60-$185 by claim size
37MinnesotaMN$656.5%-
$20,000
~$65-$80 by county; fee waiver available
37VermontVT$656.5%yes
$10,000
$65-$90 by claim size (verify current schedule)
39NevadaNV$666.6%-
$10,000
$66-$196 by claim size (Las Vegas tiers; townships vary)
40PennsylvaniaPA$68.56.9%-
$12,000
$68.50-$171 (by claim size; Philadelphia: Municipal Court)
41IdahoID$696.9%yes
$5,000
~$69 (secondary sources; confirm current fee)
42MaineME$707%yes
$10,000
$70 (incl. $15 mediation fee)
43New MexicoNM$727.2%yes
$10,000
~$72-$77
44Rhode IslandRI$757.5%yes
$5,000
~$75-76 + service
45South CarolinaSC$808%yes
$7,500
$80 (incl. $10 service)
46WisconsinWI$94.59.5%yes
$10,000
$94.50 total (Wis. Stat. § 814.62, July 2026)
47ConnecticutCT$959.5%-
$5,000
$95 (added to judgment if the tenant wins)
48North CarolinaNC$969.6%yes
$10,000
$96 + $30/defendant sheriff service
49New HampshireNH$10510.5%-
$10,000
$105 for claims up to $5,000, $160 above that (Circuit Court Rule 1.28)
50IowaIA$11511.5%-
$6,500
$115 statewide + service
51IllinoisIL$28728.7%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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Protection index (CSV) ↓

All 51 jurisdictions, with every score broken down by factor.

Court costs (CSV) ↓

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.