How Do You File a Small Claims Case for a Withheld Deposit in New York?
File in the Small Claims Part of the court that fits the defendant and the amount: up to 10,000 dollars in New York City Civil Court, up to 5,000 dollars in a City Court outside the city, and up to 3,000 dollars in a Town or Village Court. Only individuals and sole proprietors use Small Claims. Here is the process, step by step.
The New York rule in one table
| Question | New York rule |
|---|---|
| Court | Small Claims Part of the Civil Court of the City of New York, a City Court outside the city, a Town or Village Court, or a District Court in Nassau County or western Suffolk County |
| Dollar limit | 10,000 dollars in New York City Civil Court; 5,000 dollars in City Courts outside the city; 3,000 dollars in Town and Village Courts. Money damages only |
| Who can file | Individuals and sole proprietors. Corporations, partnerships, LLCs, associations, and assignees cannot start a Small Claims case and must use Commercial Small Claims in a City Court |
| Where to file | The court whose jurisdiction covers where the defendant lives, works, has a place of business, or owns property you are or were renting, where the claim relates to the tenancy or lease. In a Town or Village, file there for up to 3,000 dollars, or in any City Court in that county for up to 5,000 dollars |
| Form | The court's application form. Different courts use different forms, and most City Courts post theirs online or supply them through the clerk |
| Filing fee | City Court: 15 dollars for claims up to 1,000 dollars, 20 dollars for claims from 1,000 to 5,000 dollars. Town and Village Court: 10 dollars for claims up to 1,000 dollars, 15 dollars for claims from 1,000 to 3,000 dollars. New York City Civil Court Small Claims Part: 20 dollars maximum, depending on the amount of the claim |
| Suit deadline | Not stated in this guide. No New York deposit-suit deadline was verified against the official statute for this guide. Claims against a municipality, city, or county agency carry strict deadlines the handbook flags separately, so check those before filing against a public landlord |
What makes New York different
New York has three limits, not one, and the court follows the amount and the place together. A 4,000 dollar deposit claim against a landlord in a town belongs in a City Court, not the Town Court down the road, because the Town Court limit stops at 3,000 dollars. A 9,000 dollar claim belongs in New York City Civil Court only if the defendant and the tenancy sit inside the city. Pick the court by both tests, amount and jurisdiction, or the filing lands in the wrong court.
The filer test is the second New York difference. Small Claims is for individuals and sole proprietors. A company tenant, a partnership, an LLC, or an assignee of the claim cannot start a Small Claims case at all and must use Commercial Small Claims in a City Court instead. If you bought or were assigned someone else's deposit claim, that assignment alone moves you out of Small Claims.
The process, step by step
- Pick the right court by the defendant's place and the amount. Defendant residence, work, business, or rented property inside the court's jurisdiction, plus the limit for that court tier.
- Fill out the court's application form. Use the correct legal name and street address for each party, never a post office box, and state what happened and when.
- File it at the court and pay the fee. Fees run from 10 dollars to 20 dollars by court tier and claim size, as in the table above.
- Let the court notify the defendant. The court notifies the defendant for you by mail. If mail service fails, the clerk tells you what to do next. Attend the hearing.
- Check the deadline that started the dispute. New York landlords must return the deposit with an itemized statement within 14 days after you vacate, and missing the 14 days forfeits any right to keep any part of it. See Security Deposit Return Deadline in New York for the rule, and How to Write a Security Deposit Demand Letter for the demand that should precede the filing.
Small claims in the other states
Deposit suits follow the same shape in every state, but the court, the limit, the form, and the fee change at the state line. See How to File a Small Claims Case for a Withheld Deposit in Washington and How to File a Small Claims Case for a Withheld Deposit in Oregon. For all seven states side by side, see the Small Claims for a Withheld Deposit by State directory.
Source
Court, limits, filer rules, venue, form practice, and City and Town and Village fees on this page come from the courts: New York City Small Claims Court and the New York State Unified Court System Small Claims Handbook, updated August 2024. The New York City fee tier split is secondary-sourced and flagged as such in the registry for this guide. Facts verified 2026-10-25.
This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your state agency.
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