Suing Your Landlord Without a Lawyer: The Massachusetts Small Claims Court Guide
For a withheld deposit, unpaid damages, or a landlord who won't return your money, small claims court is designed to be fast, cheap, and lawyer-free. Here's exactly how it works.
Massachusetts small claims court handles disputes up to $7,000 — perfect for a withheld security deposit or landlord debt — without needing a lawyer. Here's the filing process, fees, what to bring, and what happens if you win.
BLUF: Small Claims in Three Numbers
💵What Small Claims Court Is For
Small claims court is a simplified civil process for disputes over money, up to $7,000 (the cap doesn't apply to motor vehicle property damage claims, which follow different rules). For tenants, the most common uses are:
- A security deposit or last month's rent that wasn't returned within 30 days
- A landlord who didn't provide required security deposit paperwork (bank notice, statement of condition)
- Reimbursement for repairs you made and are owed under repair-and-deduct
- Property damage caused by the landlord's negligence (e.g., a burst pipe they knew about and ignored)
📝How to File
- •Send a demand letter first (recommended, sometimes required). Many claims settle here — reference the specific law (e.g., M.G.L. c. 186 §15B for a deposit) and give a deadline to respond.
- •File in the right court. File in the District Court or Boston Municipal Court division covering where the landlord lives/does business, or where the property is located.
- •Pay the filing fee. Tiered by claim amount: $40 (up to $500), $50 (up to $2,000), $100 (up to $5,000), $150 ($5,001–$7,000).
- •The court serves the landlord (by mail or constable) and sets a hearing date, typically a few weeks out.
- •Show up prepared. Bring your lease, payment records, the receipt and statement of condition (if any), written notices you sent, photos, and a copy of the statute you're relying on.
| Claim amount | Filing fee |
|---|---|
Up to $500 | $40 |
$501–$2,000 | $50 |
$2,001–$5,000 | $100 |
$5,001–$7,000 | $150 |
⚖️At the Hearing
Small claims hearings are informal and designed to be handled without a lawyer — the judge (or magistrate) will ask each side to explain what happened and review your documents. If your claim relies on a specific statute — like the treble-damages provision in M.G.L. c. 186 §15B for a mishandled deposit — say so directly and bring a printed copy of the section. If the landlord doesn't show up, you can typically win by default. If you win but the landlord doesn't pay voluntarily, you may need a supplementary process (like a payment order or, in some cases, wage garnishment) to actually collect — small claims judgments don't enforce themselves automatically.
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The other side: if you get sued
Not legal advice
Sources
Deposit not returned?
Our Security Deposit guide covers exactly what your landlord owed you and by when.
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