How to Sue a Roommate in Small Claims Court
Unpaid rent, stolen deposits & property damage
Roommate disputes are among the most personal — and most common — cases in small claims court. Whether your roommate skipped out on rent, took your security deposit, or damaged your belongings, small claims gives you a legal way to recover without the expense of a full lawsuit.
Success tip
Written roommate agreements and text message evidence showing the financial arrangement are the most important assets in these cases.Small Claims Demand Letter Template
A professionally written demand letter template that puts the other party on notice before you file. Courts expect a demand letter before you sue — and it gets you paid 40% of the time without ever stepping foot in a courtroom. Works in all 50 states.
- 6 variants included: General, Landlord/Tenant, Contractor, Unpaid Loan, Property Damage, Follow-Up Notice
- Fillable HTML — open in any browser, click fields to type, print to PDF when done
- Editable Word (.docx) — fill in Microsoft Word using Find & Replace
- Certified mail instructions included — how to send, what to keep as proof
- Instant download — ready to fill in and send today
Code SUMMER20 = 20% off at checkout
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What You Can Sue a Roommate For
- ✓ Roommate left without paying their share of rent
- ✓ Roommate took your portion of the security deposit
- ✓ Roommate damaged your personal property
- ✓ Roommate didn't pay utilities they agreed to cover
- ✓ Roommate borrowed money and won't repay
- ✓ Roommate kept shared furniture or belongings when they moved out
Step-by-Step: How to Sue a Roommate
Check your state's small claims limit
Small claims court handles money disputes only — typically $2,500 to $25,000 depending on your state. Use our Small Claims Limit Calculator to find your state's exact maximum. If your damages exceed the limit, you can reduce your claim to fit or file in a higher civil court.
Send a demand letter first
Send a demand text or email first — not to be nice, but because courts want to see you tried to resolve it. The response (or lack of one) becomes evidence. Courts expect plaintiffs to have made a good-faith attempt to resolve the dispute before filing. A demand letter also creates a paper trail that becomes evidence.
Gather your evidence
Your case is only as strong as your evidence. Start collecting everything now — before filing — so you're fully prepared for your hearing. See the evidence checklist below for exactly what you need.
Find the right court and defendant information
File in the small claims court for the county where the roommate is located, does business, or where the dispute occurred. You'll need the defendant's full legal name and address. For businesses, check your state's Secretary of State website for the correct legal entity name and registered agent address.
File your claim and pay the filing fee
Submit the plaintiff's claim form at the courthouse (or online in many states). Filing fees range from $30–$300 depending on your state and claim amount. Use our Filing Fee Calculator to find the exact cost. Keep your file-stamped copy.
Serve the defendant
The defendant must be formally notified of the lawsuit. Many states allow certified mail service; others require a sheriff or process server. Follow the court's instructions exactly — improper service is one of the most common reasons cases get dismissed.
Prepare and attend your hearing
Bring 3 organized copies of all evidence (one for the judge, one for the defendant, one for yourself). Present your case in order: what happened, how much you lost, and why the defendant is responsible. Let the judge ask questions. Most small claims hearings last 15–30 minutes.
Evidence Checklist: Suing a Roommate
Expert Tips for Your Roommate Case
Even an informal text exchange that says 'yeah I'll pay you back for February rent' is enforceable in small claims court.
If you're on a joint lease, you may also be partially liable for the landlord — small claims doesn't help with that, but it helps you recover from your roommate directly.
Screenshot all relevant text messages before filing — people often delete them once they know a lawsuit is coming.
Consider the cost-benefit: filing fees range from $30–$100. If the amount owed is under $200, it may not be worth the time even if you win.
Ready to File? Prepare Your Documents First
LegalZoom helps you draft a professional demand letter and small claims filing documents — reviewed by attorneys. A strong demand letter resolves many disputes before you ever set foot in court.
A local attorney bills $300+/hour for this. LegalZoom does it flat-fee, online.
Related Guides
Small Claims Demand Letter Template
A professionally written demand letter template that puts the other party on notice before you file. Courts expect a demand letter before you sue — and it gets you paid 40% of the time without ever stepping foot in a courtroom. Works in all 50 states.
Code SUMMER20 = 20% off at checkout