Basics

Small claims court is a special court where disputes are resolved quickly.
The person who sues is the plaintiff. The person who is sued is the defendant.

What Housing Issues Can I Sue For In Small Claims?

1. Your landlord does not return your security deposit
2. Your rental is not in livable condition (“Breach of Implied Warranty of Habitability”)
3. Your landlord has made it impossible for you to stay in your rental and you must move (“Constructive Eviction”)
4. Your landlord has made it impossible for you to enjoy your rental and live in peace (“Breach of Implied Covenant of Quiet Enjoyment”)
5. Your landlord is discriminating against you based on your disability or other protected class
6. Your landlord throws out your property after you move without giving you proper notice

Can I Have a Lawyer?

No. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in small claims court.

What Can I Ask For In Small Claims Court?

You can sue a landlord for money damages they caused. Your claim cannot be more than $12,500.

You can only file 2 cases in one calendar year when you are asking for more than $2500. There is no limit to the number of cases that you can file with claims that are no more than $2500.

Are There Deadlines For Filing a Small Claims Action Based On Housing Issues?

Yes. If you are suing because you have an oral rental agreement and the landlord broke the agreement, you only have 2 years from the time the agreement was broken to file the small claims action with the court.

If you are suing because you have a written agreement with the landlord that was broken, you only have 4 years from the time the agreement was broken to file in small claims court.

If you are suing because your property was damaged (including a landlord destroying your personal belongings without following the law) you have 3 years after your property was damaged to file your small claims action.

Where Should I File My Claim?

You have to file your claim in the right court and location. Small Claims is filed in the civil division of the local superior court. The location of the superior court can be either:

1. Where the defendant lives, or the business is located;
2. Where the damage happened or
3. Where the contract/rental agreement was signed or carried out.

Will The Court Collect My Judgement?

No. If you win your small claims action, it is up to you to collect the money the defendant owes (also called “the judgement”). The court will not collect the money for you. Click here for the California courts self help website that explains how to collect your judgment.

The Four Steps For Filing a Small Claims Action

You will need to make a “demand” for payment, file the Plaintiff’s Claim and Order (SC-100), have someone serve the defendant with the Claim, and go to court to present your case.

1. Make an Informal Demand for Payment:

A “demand” is what you are requesting the landlord or housing provider to do and why. This should happen before starting the court process, making it “informal.” You must make an informal demand for payment. Although it can be verbal, it is suggested that you do it in writing. If the other person does not do what you asked (for example, you demanded the return of your property but it was refused), you can then bring a suit in small claims. Make sure to keep a copy of the letter and any evidence you attach to the letter to the Plaintiff’s Claim and Order.

There is a sample letter you can use at the end of this guide.

Information to include in your Demand Letter:

• Monetary damages should be demanded.
• Put in the total you are demanding. It is also best to send the letter via certified mail and you will need to keep a copy of the letter and the attachments. The attachments to the letter should include receipts and any other evidence to show why the defendant owes you and how much.
• In the portion of the sample demand letter after the word "because”, write in a chronology of what happened. It might be a couple of pages.
• Put in the total you are demanding. It is also best to send the letter via certified mail and you will need to keep a copy of the letter and the attachments. The attachments to the letter should include receipts and any other evidence to show why the defendant owes you and how much.
• Give the "defendant" debtor at least 10 days to respond to your demand. If they do not respond or if you cannot reach an agreement, let them know that the next step is to file the Plaintiff's Claim and Order with the Court.

This demand letter and attachments needs to be included in the actual complaint that you file with the Court (The Plaintiff's Claim and Order).

The Demand letter (and attachments) is important for 2 reasons: first - it shows the judge that you satisfied the requirement of making a demand before filing the claim and second it informs the judge of the detailed facts of the case and why the "defendant" owes you money.

2. File the Plaintiff's Claim and Order:

To start the court process, you will need to fill out the Plaintiff’s Claim and Order and file it with the court clerk.

SC-100 Plaintiff's Claim and ORDER to Go to Small Claims Court

Once you have completed filling out and signing the Claim and have attached all your evidence, make 2 copies of all the documents. One copy is for the court, one is for you to keep, and the 3rd is for the person you are suing.

Take the original and 2 copies to the county courthouse. You will need to pay a filing fee (as follows: $30 if your suit is asking under $1500; $50 fee for $1500--5000; $75 fee for $5001-12,500) unless you qualify for a fee waiver.

You can file the request for fee waiver and the Order along with your Claim:

FW-001 Request to Waive Court Fees

FW-003 Order on Court Fee Waiver (Superior Court)

The court clerk will keep the original copy and give you back the 2 copies with "filed' stamped on them. Look at the first page of the Claim as this tells you when the date of the hearing is scheduled.

• One copy if for you to keep and one copy is for you to serve on the defendant.

3. Service of the Plaintiff's Claim

You, the Plaintiff, are not allowed to serve the Claim; you will need to have an adult over the age of 18 to serve it or have the sheriff or a registered process server serve it. The sheriff will serve the paperwork for free if you are granted a Fee Waiver.

SC-104 Proof of Service (Small Claims)

The defendant must be served at least 15 days before the hearing. If this is not possible, you can ask for a postponement of the hearing to give you additional time to serve. Once the defendant is served, make sure the person who served it filled out the “Proof of Service” form. You must file the proof of service with the court. If the judge does not have the proof of service in front of them at the hearing, they will not hear the case (no jurisdiction over the defendant) and it will be dismissed.

If it you are not able to serve the Claim in time, you should request a postponement of the hearing to give yourself more time to serve.

SC-150 Request to Postpone Trial

4. Go to the Hearing and Present Your Case.

The last step is to attend the hearing and present your case. Hopefully, all your evidence is attached to the Demand Letter and the Demand Letter is then attached to the Claim so you do not have to submit more evidence.

If you do need to submit more evidence, you can bring it to the hearing. Make sure you have at least 2 copies – 1 for the judge and 1 for the person you are suing.

Some courts permit you to appear at the hearing on Zoom. You need to check with your court for the procedure.

Please note that if your hearing is virtual and you have additional documents that you want the judge to look at, you will need to make sure they are filed with the court clerk and served on the other party at least 10 days before the hearing. You can have someone serve them by mail.

SAMPLE DEMAND LETTER

DATE
Via Priority Mail with Delivery Confirmation

NAME AND ADDRESS OF
PERSON FROM WHOM YOU ARE DEMANDING PAYMENT

Re: Demand for Payment

Dear:

Please be advised that you owe me the sum of $DOLLAR AMOUNT [cannot be more than $12,000] because [insert relevant facts here, for example: I paid $X on DATE for my security deposit. Despite leaving the apartment in the condition it was at move-in, you did not return my deposit and did not give me an itemized statement as of DATE. Y.]

I will accept a lump sum payment or a payment plan.

Please contact me on or before DATE [give at least 10 days to respond] for purposes of settling this matter. I can be reached at the address and phone number listed below. This will be your only chance to settle this matter before I file a lawsuit against you in Small Claims Court.

If I do not hear from you on or before DATE, I will file a lawsuit against you without further notice. It is in your best interest to settle this matter before a lawsuit is filed. If a judgment is obtained against you, it will negatively affect your ability to get credit, you will be ordered to pay court costs, and you will incur interest at a rate of 10% per annum.

Based on the foregoing, I expect payment in the amount of $DOLLAR AMOUNT made payable to me, 123 XYZ, Davis CA, 95616 no later than DATE. I can be reached at: 555-555-5555. If you decide to ignore this demand for payment, I will pursue all legal remedies available to me without further notice to you. This letter serves as evidence that I have attempted to resolve this matter informally.

Sincerely,

Jane Doe
123 XYZ
City CA, 95616
555-555-5555