Small Claims Court

Since landlord-tenant laws in Washington State are largely self-enforced, Small Claims Court is one of the best ways to assert your rights and recover money you believe a landlord owes you. You may also have to go into Small Claims Court to defend yourself against a lawsuit a landlord brings against you.

Before taking any legal action, always write a “demand letter” to your landlord outlining any money you believe is due to you, and give them an opportunity to respond. Consider using Small Claims Court if your negotiations with your landlord do not produce the desired result.

There must be a specific section of landlord-tenant law or a written agreement that has been violated in order to use Small Claims Court, and you can only sue for money owed to you.

You can sue for up to $5,000, and you can only recover money for specific contractual or legal violations. You cannot sue to force the landlord to do or not do something (called “injunctive” relief). For example, you can sue to recover your deposit, but you cannot sue to force your landlord to repaint the unit.

Small Claims Court is also not a venue for tenants to sue their landlord for emotional distress, harassment, or violations of law that do not have specific monetary damages associated with them.

Some sections of law designate one party as liable for a specific amount of money after committing a violation, but many laws do not have any monetary penalty associated with violating them. If you have claims against your landlord for amounts totaling more than $5,000, you can file against them in a different court. Navigate to our Legal Assistance Guide webpage for more information.

Filing in Small Claims Court generally costs around $35, but you can include that in the claim amount against your landlord. Tenants cannot recover wages lost as a result of landlords’ actions, but they can include the cost of the filing fee.

There are no attorneys allowed in Small Claims Court, but you can discuss your case with an attorney and seek advice before your hearing. For a more in-depth discussion of how to enforce landlord-tenant laws in Washington state, navigate to our Overview webpage to read the Understanding Landlord-Tenant Laws and Tools for Tenants sections.

Here are some things to keep in mind as you prepare for Small Claims Court:

• Small Claims Court is an essential tool for renters, but a positive outcome is never guaranteed, even when you follow the law exactly and provide all the necessary documentation. Seek legal advice and assistance to get help preparing for your case; navigate to our Legal Assistance Guide webpage.
• It’s a good idea to observe at Small Claims Court before your own court date to get an idea of how the process works. Hearings are open to the public – you can call the court clerk to find out the schedule. If you can, observe the judge that is going to hear your case.
• Your landlord may countersue if you take them to court. You also have the option of countersuing your landlord, if necessary. If your landlord successfully countersues you, then you will have a judgment against you. The judgment will likely appear on background checks as well as your credit report, and could negatively impact your credit and future ability to seek rental housing.
• It is a good idea to try to settle with your landlord before going to court. Be sure to get your settlement agreement in writing, signed and dated by both parties. See below for more options and information.
• Even if you are successful at Small Claims Court and obtain a judgment against your former landlord, it is not guaranteed that the landlord will pay the amount owed. There are additional steps that you can take to try to collect on the judgment, but it may take additional time and funds.

There are many advantages to settling with your landlord outside of court. You are never 100% guaranteed to win the case. It is a good idea to attempt to settle with your landlord before filing in Small Claims Court, so that you can show the judge that you tried to negotiate. Speak to an attorney for legal advice and assistance in the settlement process.

Options for settlement agreements include:

• Contact the landlord yourself to attempt to directly settle the matter at hand. It’s a good idea to get anything agreed to in writing, signed and dated by everyone involved.
• Send a demand letter to your landlord stating your claim, citing the appropriate laws, and asking for a specific amount of money back. You can tell them that you plan to pursue a Small Claims lawsuit against them if they don’t return your money.
• Initiate mediation with your landlord to have the negotiation overseen by a third party.

Mediation is often an excellent way to resolve disputes with your landlord before going to court. Work with a neutral, third party mediator to try to reach an agreement that works for both of you. There are Dispute Resolution Centers in most counties in Washington state that can assist you to come to an agreement with your landlord, usually for free or a sliding scale fee.

If you reach an agreement during mediation, the terms and conditions will be put in writing and signed by both you and your landlord, and this becomes a contract between you. If your landlord does not follow through with the terms of your contract, you can take them back to court. Likewise, your landlord can pursue you in court if you don’t follow the agreed-on terms. If you are not able to come to an agreement through mediation, you can go back to Small Claims Court at any time.

You can contact a dispute resolution center near you to find out more information about mediation and how it may be helpful in resolving your dispute with your landlord. In some counties, mediators will be present in Small Claims Court on your court date. You can still settle with your landlord even after you’ve filed in court. Just take a copy of your settlement agreement to the court clerk and ask them to dismiss your case.

Only some sections within the Landlord-Tenant Act specifically cite penalties or award attorney fees for landlord misconduct. The most common are:

• RCW 59.18.085: Tenants can seek relocation assistance from landlords if units are condemned by a government authority. Tenants can sue in Small Claims Court if landlords refuse to pay. (For more information, navigate to our Repairs webpage.)
• RCW 59.18.110: Tenants can seek court orders for reduced rent for unmade repairs. (For more information, navigate to our Repairs webpage.)
• RCW 59.18.150: If landlords refuse to give proper notice to enter rental units, and tenants write letters requesting proper notice, owners are liable for $100 per future violation. Navigate to our Privacy Rights webpage.
• RCW 59.18.230: If landlords take tenants’ property and intentionally refuse to return it, tenants can sue landlords for $500 a day, up to $5,000 in penalties. (For more information, navigate to our Rental Agreements webpage.)
• RCW 59.18.250: If tenants prevail in court based on landlord retaliation, they are entitled to court costs and reasonable attorney fees. Currently there is no monetary fine for retaliation.
• RCW 59.18.253: Tenants can sue for up to twice the amount of holding deposits, plus court costs and attorney fees. (For more information, navigate to our Deposits webpage.)
• RCW 59.18.257: Tenants can sue for $100 if landlords refuse to provide written notice of screening criteria or written statements of why tenants were denied housing. (For more information, navigate to our Housing Search webpage.)
• RCW 59.18.280: Tenants can sue for up to twice the amount of deposits if landlords intentionally (and illegally) withhold the money. (For more information, navigate to our Deposits webpage.)
• RCW 59.18.285: If landlords collect fees that were not specified as “nonrefundable,” the fees should be treated as refundable deposits. No portion of a deposit can be “nonrefundable.” (For more information, navigate to our Deposits webpage.)
• RCW 59.18.300: Landlords could be liable for a $100-a-day penalty for the intentional shut off of utilities, plus actual damages.

However, just because the law says you have a right to go to Small Claims Court doesn’t always mean it is the best decision for every situation. A concern for many tenants is the possibility that the landlord will countersue – or file a counter lawsuit against the tenant for other damages or costs after a tenant files a lawsuit against the landlord. For example, if you moved out of your unit but did not document the condition you left it in, some landlords will claim there were damages to the unit that could be hard for you to refute if you don’t have documentation.

Even if you believe the deposit is owed back to you, if a landlord can make a credible case that your damages to the unit cost more than the amount of the deposit, there could be a possibility that you will lose the lawsuit. Losing in Small Claims Court can have a negative impact on your credit, and by extension, your ability to seek future housing. For this reason, it is very important for tenants to weigh the evidence that they have in their favor or against them.

It is often a good idea to try to settle with the landlord outside of court when possible. That way both parties have more control over the outcome, assuming an agreement can be reached. Knowing the penalties outlined in the law can be extremely helpful for tenants in negotiations.

For example, if you cleaned your oven when you moved out but still had $100 wrongfully deducted from your $500 deposit for cleaning the drip pan, you can use the penalties as leverage. The law states that if a landlord does not give you a refund statement within 21 days of vacating and intentionally withholds the deposit, you can seek twice the amount of the deposit in Small Claims Court.

You may not know whether a judge will award you twice the amount of the deposit, and the landlord may not want to risk owing you $1,000 instead of just $500. Both parties may settle in this situation to avoid the hassle of going to court and the threat of losing more than what was originally at stake.

• RCW 59.18.030 (9), (11)
• RCW 59.18.060
• RCW 3.66.040

The definition of landlord in RCW 59.18.030 includes anyone designated as a representative of the owner, lessor or sublessor, including but not limited to an agent, resident manager or property manager. The owner of your property is the person, people or corporation named on the property title.

Many owners hire property management companies to handle the daily business of running the rentals. Anyone designated by the landlord to act as their agent can also be considered a landlord and is responsible for following all the obligations set out in the law. Thus, more than one person may be considered your landlord and can be taken to Small Claims Court. You can file suit against both the owner and the property manager, or just one individually. You must have correct addresses for each in order to file.

You may want to consider the location of any potential landlords before filing, since their residence will determine which county you can file in. For example, if the owner of the property lives in a different county than you but the property manager lives in the same county, you may want to consider filing against the property manager. For more information on how to find a correct mailing address for the property owner, navigate to our Researching Your Landlord webpage.

Washington state has “long arm” jurisdiction over out-of-state property owners (RCW 59.18.060 (14)). Landlords who live out of state still have all the same obligations under the Landlord-Tenant Act. If they violate one of the provisions that describes the duties of landlords, they are deemed to have submitted themselves to the jurisdiction of Washington state courts. Tenants may serve notice of Small Claims Court on them in the same manner of any landlord living within Washington State, as long as it served in accordance with landlord-tenant law. Out-of-state landlords who are served notices of Small Claims Court in Washington State are entitled to at least 60 days’ notice to appear and answer.

File your Small Claims suit in the district court of the county where the landlord resides. If you cannot locate the landlord’s address, you can file in the district of their place of employment. You can file suit against both the owner and the property manager, or just one individually.

If you are filing against both the property manager and the owner, you can file in any district where any one of the defendants lives. (You can also file against out-of-state landlords under the state’s “long arm” jurisdiction statutes, as explained in RCW 59.18.060 (14).)

You can find a list of the district courts in Washington State at the Washington Courts Directory site. If you are unsure what district court is appropriate to file in, contact the court office and ask them to check the address for you.

Ask the clerk at the district court for a Notice of Small Claim form. Each county has different rules for how the form must be filled out, so contact the proper district court even if you use the form provided online. Some courts require that the form be signed in front of the court clerk in order to be valid. You will state the name of the person or people you’re suing, how much you are suing for, and provide a brief description of why you’re suing them.

Courts will provide interpretation for both plaintiffs and defendants who are nonnative English speakers. You can request interpretation at your court date when you file the case, or when you file your answer to the case if you are being sued. You do not have to be a U.S. citizen to use Small Claims Court.

You must obtain proof that a copy of the Notice of Small Claim has been served upon your landlord. You can mail the form by certified mail, return receipt, or you can have the notice hand-served by someone other than yourself. It is a good idea to hire a county sheriff or a process server to deliver it for a fee to ensure documentation of proper service.

You can also ask a neutral third party adult to deliver the form. Whoever serves it must have the landlord sign a Certificate of Service verifying that they received the paperwork on a specific date and time. It’s also a good idea to have the person who serves the paperwork fill out an affidavit of service that is signed before a notary public. The notice can also be served on another adult within the household or the managing agent of the corporation or business that owns your property.

On the day of court, bring all documentation you have, including any written attempts at settlement. Bring extra copies of all your documentation to provide in court. You should have at least three copies of every document – one for you, one for the landlord, and one for the judge.

If you have pictures, you must print them out. You cannot show the court the pictures on your phone or camera. You must show all documentation you will use in court to the landlord before the suit begins. Be sure to also bring your proof of service. If you cannot prove in court that you properly served your landlord, you cannot proceed with the case.

You can also ask witnesses to speak in court on your behalf. For example, you can ask a neighbor who witnessed you vacating the unit on a certain day to come and speak for you in court.

If your landlord has brought suit against you in Small Claims Court, bring all documentation you have in your own defense with you to court. You must show it to the landlord before the suit begins. You can still try to settle with the landlord before the court date, either with the help of mediation or without. It is a good idea to get legal assistance to help you prepare. Navigate to our Legal Assistance Guide webpage for information and referrals.

You can sue for up to $5,000 in Small Claims Court, and you can only recover money for specific contractual or legal violations. If you have claims against your landlord for amounts totaling more than $5,000, you can try to file against them in a different court. Navigate to our Legal Assistance Guide webpage for more information.

No, you have to choose one court venue. If you have claims against your landlord for amounts totaling more than $5,000, you can try to file against them in a different court.

Since it can be very difficult to find an attorney to file a civil suit against your landlord, you may also choose to sue your landlord for only $5,000 of the money they owe you so that you can still use Small Claims Court. You cannot split the difference and sue the landlord both in Small Claims for the $5,000, and again in a different court for the remaining amount. For example, if you are owed $7,000, you can only sue once for the $5,000 in Small Claims Court – and forgo your claim on the remaining amount – or sue for the total $7,000 in a different court venue.

Filing in Small Claims Court generally costs around $35, but you can include that in the claim amount against your landlord. Tenants cannot recover wages lost as a result of landlords’ actions, but they can include the cost of the filing fee.

Neither party, plaintiff nor defendant, may bring an attorney into court with them unless the judge allows it; all parties in Small Claims Court represent themselves. However, you may consult an attorney to get legal advice to help prepare you for court.

The definition of landlord includes anyone designated as a representative of the owner, lessor or sublessor, including but not limited to an agent, resident manager or property manager, as stated in RCW 59.18.030. The owner of your property is the person, people or corporation named on the property title.

Many owners hire property management companies to handle the daily business of running the rentals. Anyone designated by the landlord to act as their agent can also be considered a landlord and is also responsible for following all the obligations set out in the law. Thus, more than one person may be considered your landlord and can be taken to Small Claims Court.

You can file suit against both the owner and the property manager, or just one individually. You must have correct addresses for each in order to file. For more information on how to find a correct mailing address for the property owner, navigate to our Researching Your Landlord webpage.

Washington State has “long arm” jurisdiction over out-of-state property owners (RCW 59.18.060 (14)). Landlords who live out of state still have all the same obligations under the Landlord-Tenant Act. If they violate one of the provisions that describe the duties of landlords, they are deemed to have submitted themselves to the jurisdiction of Washington state courts.

Tenants may serve notice of Small Claims Court upon them in the same manner of any landlord living within Washington state, as long as it is served in accordance with landlord-tenant law.

Out-of-state landlords who are served notices of Small Claims Court in Washington State are entitled to at least 60 days to appear and answer. You may want to consider if there is an appropriate party in-state that you can file against in order to make service easier.

File your Small Claims Court suit in the district court of the county where your landlord resides. If you cannot locate their address, you can file in the district of their place of employment. You can file suit against both the owner and the property manager, or just one individually.

If you are filing against both the property manager and the owner, you can file in any district where any one of the defendants lives. Carefully consider who you want to file against as you may want to strategize regarding what county you are filing in.

You can find a list of the district courts in Washington State at the Washington Courts Directory. If you are unsure what district court is appropriate to file in, contact the court office and ask them to check the address for you.

No. There must be a specific section of landlord-tenant law or a written agreement that has been violated in order to use Small Claims Court, and you can only sue for money owed to you. You cannot sue to force the landlord to do something. For example, you can sue to recover your deposit, but you cannot sue to force your landlord to repaint the unit.

Small Claims Court is also not a venue for tenants to sue their landlord for emotional distress, harassment or violations of law that do not have specific monetary damages associated with them. Tenants cannot recover wages lost as a result of the landlord’s actions, but they can include the cost of the filing fee.

You can ask witnesses to speak in court on your behalf. For example, you can ask a neighbor who witnessed you vacating the unit on a certain day to come and speak for you in court.

Yes, though carefully consider how taking your landlord to Small Claims Court during your tenancy may impact your ability to carry out a positive landlord-tenant relationship with them. It is usually best to wait until after you have vacated the property in hopes that you can secure a neutral or positive referral when you vacate the premises.

There is also concern that your landlord may attempt to retaliate against you, for example, by not renewing your lease. While retaliation is illegal under the Landlord-Tenant Act (RCW 59.18.240, RCW 59.18.250), it can be difficult to enforce these legal protections. Speak to an attorney for information and advice on the best strategy for dealing with your specific problem.

Generally, tenants have two-to-three years to file in Small Claims Court against their landlords. Lawsuits involving contract violations have a six-year statute of limitations. See an attorney for more information. It’s a good idea to file the suit as soon as possible to avoid loss of information or documentation that would make the case stronger.

In some cases, decisions can be appealed to the Superior Court. However, appeals are costly and may not guarantee positive outcomes for tenants. For detailed information on the appeals process, see Small Claims Court in Washington State.

Some courts will provide interpretation for nonnative English speakers, to both plaintiffs and defendants. You can request interpretation for your court date when you file the case, or when you file your answer to the case if you are being sued.

No, you do not have to be a U.S. citizen to use Small Claims Court.

Yes. Small Claims Court can be used to resolve any monetary dispute that involves less than $5,000.