Unpaid Rent (Landlord vs Tenant)
If a current or former tenant owes you unpaid rent, small claims court lets you sue to recover the money owed. This is separate from an eviction — small claims is specifically for collecting the money, not removing the tenant.
Typical claim amount
$1,000 – $12,500
Statute of limitations category
Written contract (varies by state)
See your state's small claims rules
Pick your state above to see its claim limit, deadlines, and rules — or browse all state guides.
How much to ask for
Start with the actual unpaid rent — total the months and amounts the tenant missed. You can usually add late fees if the lease provides for them. If the tenant broke the lease early, you may be able to claim rent for the remaining term, though many states require you to try to re-rent the unit and credit what you collect. Apply the security deposit toward the balance and claim only the remainder.
How to pursue this claim, step by step
- 1
Build a clear rent ledger showing each month, what was due, what was paid, and the running balance.
- 2
Gather the lease, bank records showing missed payments, any late-rent notices, and messages where the tenant acknowledges the debt.
- 3
Apply the security deposit to what's owed, and follow your state's rules for accounting for it.
- 4
Send a written demand stating the exact unpaid amount and dates, with a copy of the lease and a deadline to pay.
- 5
Confirm you're within your state's deadline to sue, then file naming the tenant correctly. Note this is separate from any eviction.
- 6
At the hearing, walk the judge through the ledger and lease, and point to any tenant messages acknowledging they owe rent.
Common examples
Tenant moved out owing several months of rent
Tenant broke the lease early without paying remaining rent
Former tenant owes back rent after eviction
Tenant's security deposit doesn't cover the unpaid rent
Subtenant stopped paying rent to the primary tenant
Evidence you should gather
The stronger your evidence, the better your chances. Start collecting these items before you file:
Lease or rental agreement
Rent payment ledger showing missed payments
Bank statements showing no deposits received
Written notices sent to tenant about overdue rent
Move-out documentation
Any communication acknowledging the debt
Ready to take action?
A demand letter often resolves disputes before court. Our free guide shows you how to write one in minutes.
Read the demand letter guideDemand letter tip
Include the exact dates and amounts of unpaid rent, a copy of the lease showing the monthly rent amount, and any late fees specified in the lease. Give the tenant 14 days to pay before filing.
Read the demand letter guide →Court preparation tip
Bring a clear rent ledger showing every month, what was due, and what was paid. Judges appreciate organized financial records. If you have texts or emails from the tenant acknowledging they owe rent, those are powerful.
What trips people up
Bringing a disorganized payment history instead of a clean month-by-month ledger.
Forgetting to credit the security deposit against the balance.
Claiming the full remaining lease without showing you tried to re-rent, which many states require.
Confusing this money claim with eviction — small claims collects the debt, not possession.
Missing your state's deadline to sue for back rent.
Filing deadlines by state
Your statute of limitations depends on your state. Here are some examples for this type of case:
| State | Deadline | Max claim |
|---|---|---|
| Alabama | 6 years | $6,000 |
| Alaska | 3 years | $10,000 |
| Arizona | 6 years | $5,000 |
| Arkansas | 5 years | $5,000 |
| California | 4 years | $12,500 |
| Colorado | 3 years | $7,500 |
| Connecticut | 6 years | $5,000 |
| Delaware | 3 years | $25,000 |
| District of Columbia | 3 years | $10,000 |
| Florida | 5 years | $8,000 |
| Georgia | 6 years | $15,000 |
| Hawaii | 6 years | $5,000 |
| Idaho | 5 years | $5,000 |
| Illinois | 10 years | $10,000 |
| Indiana | 10 years | $10,000 |
| Iowa | 10 years | $6,500 |
| Kansas | 5 years | $10,000 |
| Kentucky | 15 years | $2,500 |
| Louisiana | 10 years | $5,000 |
| Maine | 6 years | $10,000 |
| Maryland | 3 years | $5,000 |
| Massachusetts | 6 years | $7,000 |
| Michigan | 6 years | $7,000 |
| Minnesota | 6 years | $20,000 |
| Mississippi | 3 years | $3,500 |
| Missouri | 10 years | $5,000 |
| Montana | 8 years | $7,000 |
| Nebraska | 5 years | $7,500 |
| Nevada | 6 years | $10,000 |
| New Hampshire | 3 years | $10,000 |
| New Jersey | 6 years | $5,000 |
| New Mexico | 6 years | $10,000 |
| New York | 6 years | $10,000 |
| North Carolina | 3 years | $10,000 |
| North Dakota | 6 years | $15,000 |
| Ohio | 8 years | $6,000 |
| Oklahoma | 5 years | $10,000 |
| Oregon | 6 years | $10,000 |
| Pennsylvania | 4 years | $12,000 |
| Rhode Island | 10 years | $5,000 |
| South Carolina | 3 years | $7,500 |
| South Dakota | 6 years | $12,000 |
| Tennessee | 6 years | $25,000 |
| Texas | 4 years | $20,000 |
| Utah | 6 years | $20,000 |
| Vermont | 6 years | $10,000 |
| Virginia | 5 years | $5,000 |
| Washington | 6 years | $10,000 |
| West Virginia | 10 years | $20,000 |
| Wisconsin | 6 years | $10,000 |
| Wyoming | 10 years | $6,000 |
Frequently asked questions
Is suing for unpaid rent the same as eviction?
No. Eviction is about removing a tenant and regaining possession; small claims here is about collecting the money owed. They're separate processes, and you'd typically use small claims for back rent after the tenant has left.
Can I claim rent for the rest of the lease if they left early?
Sometimes, but many states require you to make a reasonable effort to re-rent the unit and credit what you collect against the balance. Document your re-rental efforts.
What about the security deposit?
You generally apply the deposit toward the unpaid rent and other allowable charges, then claim only the remaining balance. Follow your state's deposit accounting rules.
Can I add late fees?
Usually yes, if your lease provides for them and they're reasonable under your state's rules. Some states cap late fees, so check yours.
What's my best evidence?
A clean rent ledger, the lease showing the rent amount, bank records, and any texts or emails where the tenant admits owing rent.
Other case types
Security Deposit Not Returned
Your landlord won't return your security deposit
Unpaid Invoice or Loan
Someone owes you money and won't pay
Car Accident Damage
Someone damaged your car and won't pay for repairs
Contractor or Repair Disputes
A contractor did poor work or didn't finish the job
Defective Product or Service
Something you bought doesn't work and the seller won't fix it
Breach of Contract
Someone broke a written or verbal agreement
Property Damage by Neighbor
Your neighbor damaged your property
Auto Repair Disputes
Mechanic overcharged, did bad work, or caused damage
Moving Company Damage
Movers broke or lost your belongings
Wedding Vendor Disputes
Wedding photographer, DJ, venue, or vendor didn't deliver
Bad Check or Bounced Payment
Someone paid you with a check that bounced
Pet-Related Disputes
Dog bite, vet malpractice, or pet purchase gone wrong
Roommate Disputes
Roommate owes rent, utilities, or damaged shared property
Online Purchase or Marketplace Disputes
Item never delivered, counterfeit, or not as described
Dry Cleaner or Laundry Damage
Dry cleaner ruined or lost your clothing
Travel and Airline Disputes
Airline, hotel, or travel company ruined your trip
Insurance Claim Disputes
Insurance company denied or underpaid your claim
Gym or Membership Cancellation
Gym or club keeps charging after cancellation
Towing and Vehicle Impound Disputes
Your car was illegally towed or you were overcharged
Home Appliance or Electronics Warranty
Manufacturer or retailer won't honor a warranty
Freelance or Gig Work Payment
Client won't pay for freelance or contract work you completed
Utility Billing Disputes
Overcharged by a utility company or service provider
Dental or Medical Billing Disputes
Overcharged for medical or dental services
Tenant Suing Landlord for Repairs
Landlord won't fix habitability issues in your rental
Last updated 2026-06-28.
General information to help you understand the process — not legal advice. Rules and dollar limits vary by state and change over time, so always confirm the current requirements with your court. See our Editorial Standards.
Ready to take action?
A demand letter is often the first step. Many unpaid rent (landlord vs tenant) disputes are resolved without ever going to court.
Read the demand letter guide