Pre-Lawsuit Checklist

Complete these steps before filing a small claims case to maximize your chances of success.

Select Your State

Each state has different pre-lawsuit requirements. Select your state to see what you need to do.

California Requirements

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Critical: 0/3

Optional: 0/1

Important for California

California does not require a pre-suit notice, but sending a demand letter shows good faith and may resolve the dispute without court.

Critical

Send a formal demand letter citing California Civil Code § 1950.5 and requesting return of your deposit.

Critical

If landlord deducted more than $125, they must provide copies of receipts or invoices. Request these if not provided.

Critical

Under AB 2801, landlords must provide move-out photos with deduction statements. Request these if not provided.

Deadline: Applies to move-outs from April 1, 2025

Collect any photos you took at move-in and move-out to compare conditions.

Legal Reference: Cal. Civ. Code § 1950.5

Missing critical steps could hurt your case or result in dismissal. Complete all items above first.