The Short Answer
If your former landlord sued you in California small claims court, you will receive a Plaintiff's Claim and ORDER to Go to Small Claims Court (Form SC-100) with a trial date on the first page. The form tells you to go to court on that date and bring your witnesses, receipts, and evidence. If you do not go, you may lose the case.
If the landlord also kept your security deposit, you do not have to file a separate case. You can file a Defendant's Claim (Form SC-120) in the same case, and the court hears both claims at the same time. The SC-120 must be served on the landlord at least five days before the trial (Code of Civil Procedure § 116.360).
Being sued is stressful, but a small claims case is an informal hearing where each side tells its story with evidence. This guide walks you through each step. For the deposit rules themselves, see our California security deposit law guide.
The Example: Dana's $3,000 Claim
Dana rented an apartment in Sacramento and paid a $2,000 security deposit. After she moved out, the landlord kept the whole deposit and then filed an SC-100 against her, claiming $3,000 for "damage to the unit": repainting, carpet replacement, and cleaning.
Dana took move-out photos, has the move-in checklist, and believes most of the charges are for ordinary wear and tear. She wants to defend against the $3,000 claim and get her $2,000 deposit back. We follow her case through the rest of this guide.
Step by Step: Responding to the Claim
Step 1: Read the whole SC-100 carefully
Find the trial date, time, and courthouse on page 1. Then read what the landlord says you owe, why, and how the amount was calculated. Write down every charge as a separate line, because each one is a separate question for the judge.
Also note the date you were served. If you were served too late, the court can postpone the trial: service must be completed at least 15 days before the trial if you live in the county, or 20 days if you live outside it (Code of Civil Procedure § 116.340).
Step 2: Put the trial date on your calendar
The SC-100 orders both sides to appear. If you cannot attend on that date, you can ask the court to postpone the trial using Form SC-150, Request to Postpone Trial (Code of Civil Procedure § 116.570). Ask as early as possible. The form asks you to explain why if the trial is within 10 days.
Step 3: Gather your evidence for each charge
For each item the landlord claims, collect what shows the condition of the unit and what you paid:
- your lease and proof of the deposit you paid;
- move-in and move-out photos or video, with dates;
- any move-in checklist or inspection report;
- the landlord's itemized statement of deductions, if you received one;
- texts, emails, and letters with the landlord.
Our guide to preserving evidence explains how to keep timestamps intact, and a dispute timeline helps the judge follow the dates.
Step 4: Sort the charges: damage or ordinary wear and tear
California law lets a landlord deduct from a deposit to repair damage caused by the tenant or a guest, but not ordinary wear and tear (Civil Code § 1950.5(b)(2)). A landlord cannot claim for ordinary wear and tear or its cumulative effects (Civil Code § 1950.5(e)(2)(A)), and repair charges are limited to a reasonable amount to restore the unit to its move-in condition (Civil Code § 1950.5(e)(2)(B)). Our article on normal wear and tear vs. damage goes through common items one by one.
Step 5: Decide whether to file a Defendant's Claim (SC-120)
If the landlord owes you money, such as a withheld deposit, you can file a Defendant's Claim in the same case. This resolves all of the disagreements between you at the same time, and both claims are heard together.
To file, fill out the SC-120, make copies, file it with the court clerk, and pay the filing fee. If you cannot afford the fee, you can ask the court to waive it. Then have someone who is at least 18 and not a party to the case give the landlord a court-stamped copy of all pages of the form.
Step 6: Serve the SC-120 in time
The Defendant's Claim must be served on the plaintiff at least five days before the trial. If you received the landlord's claim 10 days or less before the trial, it must be served at least one day before the trial (Code of Civil Procedure § 116.360). The person who serves the form completes a proof of service for the court.
Step 7: Go to the hearing prepared
Arrive early with your originals and copies for the judge and the landlord. Go through the charges in order, point to the photo or document for each one, and then explain your own claim for the deposit. Lawyers cannot represent either side at the small claims trial (Code of Civil Procedure § 116.530), so you speak for yourself. If you need an interpreter, ask the court clerk as soon as possible; you may use Form INT-300 to request one.
Key Rules for a Tenant Who Has Been Sued
| Rule | What it means for you | Source |
| Claim limit for an individual | Your Defendant's Claim can be up to $12,500 | CCP § 116.221 |
| Serving your SC-120 | At least 5 days before the trial; 1 day if you were served 10 days or less before the trial | CCP § 116.360 |
| Late service on you | 15 days before the trial in the county, 20 days outside it, or the trial can be postponed | CCP § 116.340 |
| Lawyers at the hearing | Not allowed for either side at the small claims trial | CCP § 116.530 |
| Wear and tear | Not a lawful deduction from a deposit | Civil Code § 1950.5(e)(2)(A) |
| Burden of proof on deposit deductions | In a deposit claim, the landlord must prove the amounts claimed were reasonable | Civil Code § 1950.5(m) |
| Bad-faith retention | Statutory damages of up to twice the deposit, in addition to actual damages | Civil Code § 1950.5(m) |
| Appeal by the defendant | Within 30 days after the clerk delivers or mails notice of entry of judgment | CCP § 116.750(b) |
After the Hearing: Judgment and Appeal
The court decides both claims. You may appeal the judgment on the landlord's claim against you, but a defendant who did not appear at the hearing has no right to appeal (Code of Civil Procedure § 116.710(b), (d)). By filing your own Defendant's Claim, you give up the right to appeal the judgment on that claim, as the SC-120 states (Code of Civil Procedure § 116.710(a)).
The notice of appeal is due no later than 30 days after the clerk delivers or mails notice of entry of the judgment (Code of Civil Procedure § 116.750(b)). The appeal is a new hearing in the Superior Court (Code of Civil Procedure § 116.770(a)). Enforcement of a small claims judgment is suspended until the time to appeal has expired (Code of Civil Procedure § 116.810).
Frequently Asked Questions
What happens if I don't go to the small claims hearing?
The SC-100 warns that if you do not go to court, you may lose the case, and the court can order that your wages, money, or property be taken to pay the claim. A defendant who did not appear also has no right to appeal (Code of Civil Procedure § 116.710(d)). If you cannot attend, ask to postpone with Form SC-150 (Code of Civil Procedure § 116.570).
Can I sue my landlord back in the same small claims case?
Yes. File a Defendant's Claim (Form SC-120) in the same case, and serve it on the landlord at least five days before the trial, or at least one day before if you received the landlord's claim 10 days or less before the trial (Code of Civil Procedure § 116.360). Both claims are heard at the same time.
Can my landlord charge me for normal wear and tear?
No. A landlord cannot claim against the tenant or the deposit for ordinary wear and tear or its cumulative effects (Civil Code § 1950.5(e)(2)(A)). Deductions for damage caused by the tenant or a guest are allowed, limited to a reasonable amount (Civil Code § 1950.5(b)(2), (e)(2)(B)).
Can I bring a lawyer to small claims court?
Not to the hearing. Lawyers cannot represent either side at the small claims trial (Code of Civil Procedure § 116.530), but you may ask a lawyer for advice before you go to court.
Can I appeal if I lose?
As the defendant, you may appeal the judgment on the landlord's claim if you appeared at the hearing (Code of Civil Procedure § 116.710(b), (d)). File the notice of appeal within 30 days after the clerk delivers or mails notice of entry of the judgment (Code of Civil Procedure § 116.750(b)). You cannot appeal the judgment on your own Defendant's Claim (Code of Civil Procedure § 116.710(a)).
Should I try to settle with the landlord before the hearing?
It can make sense. A written settlement can end both claims without a hearing, and if you settle before the trial, a dismissal form must be filed with the clerk. Our guide on responding to a settlement offer explains what to weigh. For the full court process, see how small claims court works.
Let Accessible Justice Help You Respond
When a landlord sues you, the deadlines are short and each charge needs an answer backed by evidence. Accessible Justice helps you organize your photos, lease, and timeline, sort each charge into wear and tear or damage, and prepare a Defendant's Claim for your deposit. A licensed California attorney reviews your case before anything is filed or served.
This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.
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Start my case →This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.