Small claims

Calculate what you're owed (deposit + penalty)

3 min read

Before you send a final demand or file in small claims, total your claim correctly. Asking for the right number — not an inflated one — keeps you credible with both the landlord and the judge.

Step 1 — The wrongfully withheld deposit. Start with the part of the deposit you should have gotten back. If the landlord kept the whole thing improperly, that’s the full deposit. If some deductions are legitimate, subtract those.

Deposit paid ............................. $[amount]
Minus deductions you agree are valid ..... –$[amount]
= Amount wrongfully withheld ............. $[base]

Step 2 — Apply your state’s penalty (only if it has one). Look up the multiplier in the state table. It usually applies only on a finding of bad faith / willful withholding, and some states multiply the deposit, others the wrongfully withheld amount — match your state.

Penalty: $[base] × [2 or 3] = ............ $[penalty]
   (or, e.g. Minnesota: + up to $500 punitive, not a multiple)
   (or, no-multiplier states: skip this line)

Step 3 — Add interest, costs, and fees.

Statutory interest (if your state requires it) ... $[amount]
Court filing fee + service costs ................. $[amount]
Attorney's fees (only if allowed and incurred) ... $[amount]
-------------------------------------------------------------
TOTAL CLAIM ..................................... $[total]

Worked example (a 2× state, $1,500 deposit fully withheld in bad faith):

Amount wrongfully withheld ... $1,500
Penalty (2× $1,500) .......... $3,000   (the penalty, on top of OR
                                         including the deposit — check
                                         whether your statute says the
                                         penalty is "in addition to" the
                                         deposit or replaces it)
Filing + service ............. $   75
TOTAL ........................ $3,075 (approx.)

Read whether the penalty is “in addition to” the deposit or instead of it. Some statutes award the deposit plus a multiple; others award “two/three times the deposit” as the whole remedy. Cite your statute’s exact wording so you don’t double-count — and don’t claim a multiplier your state doesn’t have.

Keep the math in your final demand and on your small-claims form. Most small-claims courts have a dollar limit (often $5,000–$12,500) — if your total exceeds it, you can usually still sue for the maximum or waive the excess.

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