ABA Family Legal Guide

Renting Residential Property

Ending the Landlord-Tenant Relationship

Security Deposits

What should the tenant do if the landlord does not refund the deposit or does not refund all of the deposit?

The tenant should first try to negotiate with the landlord, perhaps with the help of a mediator. If that fails, the tenant should take the landlord to small-claims court. Many states have a special small-claims court in which people can sue to collect money owed to them without the need to hire a lawyer. These courts are sometimes called pro se courts (pro se is Latin for "for oneself") because the tenant, who will be the plaintiff in the lawsuit, is often required to appear without a lawyer. (In some states, the landlord may still hire a lawyer.) This type of court is not as intimidating as regular court because the judge does not expect legal sophistication from the tenant.